Driscoll R. Ugarte

Driscoll Ugarte practices in the area of corporate law. He has experience in the areas of private equity financings, emerging companies, mergers and acquisitions, securities and general corporate law.

He counsels public, domestic and foreign corporations through all stages of development, including public and private offerings of equity and debt, tender offers, proxy contests, going-private transactions, and recapitalizations.

Mr. Ugarte advises public and private business organizations in a broad and general capacity, drafting documents and contracts incidental to formation and ongoing business operations of corporations, partnerships, and limited liability companies, and preparing transactional documents related to asset and stock sales.

He also advises start-up companies and entrepreneurs, venture capital companies and underwriters. Mr. Ugarte is also a member of Duane Morris’ Cuba Business Group. Prior to entering private practice, Mr. Ugarte served as a law clerk in the U.S. Court of Appeals for the Fifth District.

Representative Matters:

• Capital Markets, Private Equity and Venture Capital Transactions
  • Counseled a privately-held drug delivery technology and generic pharmaceutical company in connection with its $25 million and $10 million private offerings of partnership interests.
  • Assisted a foreign private issuer with a public follow-on offering of $43 million of ordinary shares.
  • Represented the shareholders of Ideal Protein, a Quebec-based corporation with significant U.S. operations, in the sale of a majority interest to funds advised by Apax Partners LLP, a global private equity firm.
  • Represented a publicly-traded life sciences company in several public and private securities offerings totaling more than $100 million.
  • Advised a privately-held software development company in connection with several venture capital financings in excess of $50 million.
• Mergers and Acquisitions
  • Advised a privately-held, Taiwan-based medical device company in connection with a multi-million dollar acquisition of a medical device product line owned by a public company based in the United States.
  • Represented a publicly-traded life sciences company in connection with the purchase of assets owned by a Canadian corporation.
  • Counseled publicly-traded financial services company in connection with a reverse triangular merger which resulted in the realization of significant wealth by the majority shareholders.
  • Represented a publicly-traded media company in connection with its merger with another public company, valued at $38.5 million
• SEC Compliance and Corporate Governance
  • Regularly advise public companies in connection with the preparation and filing of periodic reports required by the Securities Exchange Act of 1934.
  • Represented several public and private companies in the establishment and use of equity incentive plans and a wide range of equity incentives for executives, employees, directors and consultants.
  • Advised several public companies in corporate governance matters under the Sarbanes-Oxley Act of 2002 and related regulations.

Education:

• Georgetown University Law Center, J.D., 2002
• University of Florida, B.A., cum laude, 1999

Admissions : Florida

Experience:

• Duane Morris LLP, – Partner, 2016-present
• Edwards Wildman Palmer LLP, – Associate, 2005-2013
• Broad and Cassel, P.A., – Associate, 2003-2005
• U.S. Court of Appeals for the Fifth Circuit, – Law Clerk, 2002-2003

Professional Activities:

• The Florida Bar
• Hispanic Chamber of Commerce of Palm Beach County