Darrick M. Mix is head of the firm's Capital Markets group and practices corporate law with concentrations in the areas of securities law, mergers and acquisitions and corporate governance. He has experience representing public and private companies in connection with their capital-raising activities, including public offerings and private placements of equity and debt securities. Mr. Mix also advises companies with respect to SEC regulations, compliance issues and other corporate and securities law matters, such as public reporting, Sarbanes-Oxley compliance and communications with analysts and investors. He has substantial experience representing public and private companies in selling and acquiring businesses, including private equity funds in control and minority investments. His clients span a variety of industries, including retail, financial services and REITs. Mr. Mix is a member of the Title 15/Business Associations Committee of the Pennsylvania Bar Association and brings to his clients a unique knowledge of Pennsylvania's corporation law.
Mr. Mix is a 1997 graduate, with honors, of the Ohio State University, Michael E. Moritz College of Law, where he served as executive editor of the Ohio State Journal on Dispute Resolution, and a graduate of Georgetown University's School of Foreign Service.
- Represented certain investors in a $361 million investment into Covetrus, Inc., a spin out comprised of assets from Henry Schein, Inc. (a publicly traded company) and Vets First Choice (a private equity backed company), as part of a larger $1.5 billion transaction.
- Advised Firmenich on US diligence and regulatory matters in connection with its agreement to acquire Les Dérivés Résiniques et Terpéniques (DRT), a world leader in plant-based chemistry, and a leading global supplier of renewable ingredients, from private equity owners Ardian Buyout and Tikehau Capital and family shareholders.
- Represented Firmenich, Inc., one of the world's largest producers of flavors and fragrances, in its acquisition of Natural Flavors, Inc., a producer of natural and organic flavor products, for $115 million.
- Represented IQVIA (formerly QuintilesIMS), a leading world-wide integrated information and technology-enabled healthcare service provider, in connection with the acquisition of 100 percent of the outstanding membership interests of Chemical Information Services, LLC, a private equity-backed-Dallas-based technology company that provides online databases for chemical and pharmaceutical companies.
- Represented Firmenich, Inc., the largest global privately-owned fragrance/flavor company, in connection with its $375 million acquisition of U.S. fragrance specialist Agilex Holdings, Inc., a portfolio company of New York-based private equity firm MidOcean Partners.
- Represented the special committee of the Board of Directors of JAVELIN Mortgage Investment Corp. (NYSE: JMI) in a merger agreement in which ARMOUR Residential REIT, Inc. (NYSE: ARR) will acquire JAVELIN, and its $900 million of assets, in a tender offer for cash consideration based on 87% of JAVELIN's book value per share.
- Advised Hill International (NYSE:HIL), a Philadelphia-based project management company, in the sale of its Construction Claims Group to UK-based private equity firm Bridgepoint Development Capital for $147 million.
- Represented SunPower (NASDAQ: SPWR), a solar energy company, in its $75 million strategic divestiture of its microinverter assets (including more than 140 patents) and SunPower’s long-term supply agreement with Enphase Energy (NASDAQ: ENPH).
- Represented Voxx International Corporation in its $20 million acquisition, through Newco, a Delaware LLC, of 54 percent of the assets of EyeLock, Inc., a Puerto Rico corporation, and EyeLock Corporation, a Delaware corporation, and a wholly-owned subsidiary of EyeLock, Inc.
- Represented Hill International Inc., a global leader in managing construction risk, in a $165 million debt refinancing transaction.
- Represented VEREIT, Inc. (NYSE: VER) a NYSE-traded REIT, in a merger transaction valued at $3.1 billion to acquire American Realty Capital Trust IV, Inc., a "non-traded" REIT. The combined company as a result of the merger had pro forma enterprise value of $10 billion.
- Represented National Securities Corporation, as underwriter and sole book running manager, in connection with the initial public offering by CBD Energy Limited, a diversified clean energy company and leading provider of solar installations worldwide.
- Represented VEREIT, Inc. (NYSE: VER) a NYSE-traded REIT, in a merger transaction valued at $3.2 billion to acquire American Realty Capital Trust III, Inc., a "non-traded" REIT. The combined company as a result of the merger had pro forma enterprise value of $10 billion.
- Represented Lehigh Gas Partners LP, a wholesale motor fuel distributor now known as CrossAmerica Partners LLP, in connection with its $138 million IPO.
- Represented a subsidiary of a French rail operator in a $12 million sale of its U.S. bus tour business.
- Represented Iroko Pharmaceuticals, LLC in connection with a $140 million secured loan facility with CRG, a healthcare investment fund, and the simultaneous pay-off of Iroko's loan facility with another lender.
- Represented a specialty chemical company, a portfolio company of a large private equity firm, in closing a $175 million credit facility, comprised of revolving credit, term loan, swing line and letters of credit sub-facilities. The credit agreement contained an accordion feature affording the client the right to increase the revolving credit facility size by $50 million. Also represented the company in its first “bolt-on” strategic acquisition with a transaction value of approximately $25 million.
- Represented a Nasdaq-listed retail department store company in a $1 billion acquisition and the related offering of $600 million in debt securities.
- Represented a national home renovation company in connection with a shareholder buyout and reorganization.
- Represented middle market private equity firm in multiple control and minority investments, recapitalizations and dispositions.
- Represented an NYSE-listed health care real estate investment trust in multiple public offerings of debt securities, common stock and preferred stock.
- Represented a private equity fund-backed security services company in multiple acquisitions.
- Represented a national door manufacturer in a $700 million recapitalization.
- Represented an NYSE-listed national home building company in general securities and governance matters as well as multiple public offerings of securities of more than $1 billion, including private issuances of debt securities and the related exchanges for registered debt securities.
- Represented an NYSE-listed pipeline company in an issuer tender offer of common stock.
- Represented a privately held financial services firm in its acquisition of a Nasdaq-listed specialty finance company in an equity exchange and was retained as securities and M&A counsel to the resulting public company.
- Represented a publicly traded financial services firm in multiple acquisition and disposition transactions, including the acquisitions of a full-service investment bank and a specialty broker-dealer and the dispositions of multiple asset management businesses.
- Represented a publicly traded financial services firm in a public debt-exchange transaction.
- Represented a publicly traded manufacturing company in its acquisition of a privately held manufacturing company for approximately $100 million.
- Represented a Nasdaq-listed company in multiple acquisitions, a $50 million follow-on offering of common stock and the sale of the company to an industry competitor.
Areas of Practice
- Corporate Law
- Securities Law
- Georgetown University, B.S.F.S., 1994
- The Ohio State University, Michael E. Moritz College of Law, J.D., with honors, 1997
- Executive Editor, Ohio State Journal on Dispute Resolution
- American Bar Association
Pennsylvania Bar Association
- Member of the Title 15/Business Associations Committee
- Philadelphia Bar Association
Honors and Awards
Rated as "Highly Regarded" for Capital Markets: Debt and Capital Markets:Equity by IFLR1000, 2018 and 2019
- Co-author, "Consider a Virtual Shareholder Annual Meeting During the COVID-19 Pandemic," Duane Morris Alert, March 17, 2020
Co-author, "SEC Simplifies and Modernizes Disclosure Requirements," Duane Morris Alert, April 29, 2019
- Editor, Duane Morris Capital Markets Blog
Quoted, "Pennsylvania Powerhouse: Duane Morris," Law360, August 29, 2018
Quoted, "More IPO Companies Are Pushing Securities Suits to Federal Court," The National Law Journal, May 14, 2018
- Co-author, "SEC Intensifies Scrutiny of Employment-Related Agreements," Duane Morris Alert, October 6, 2016
- Co-author, "SEC Adopts Final Pay Ratio Disclosure Rules," Duane Morris Alert, September 2015
- Co-author, "SEC Adopts 'Regulation A+' Rules," Duane Morris Alert, April 10, 2015
- Co-author, "Guide to Publicly Offered Private Placements Under New Rule 506(c)," Duane Morris Alert, September 26, 2013
- Co-author, "NASDAQ Proposes Listing Rules Relating to Compensation Committees," Duane Morris Alert, October 12, 2012
- Co-author, "NYSE Proposes Listing Standards Relating to Compensation Committee Member Independence and Compensation Committee Advisers," Duane Morris Alert, October 2, 2012
- Co-author, "SEC Rule Proposal Would Permit Public Offerings in "Private Placements" and Facilitate Capital Formation," Duane Morris Alert, September 13, 2012
- Co-author, "SEC Adopts Rules on Independence of Compensation Committees and Compensation Advisers; New Listing Standards to Be Proposed by September 25, 2012," Duane Morris Alert, June 27, 2012
- Co-author, "JOBS Act Enacted, Imposes Substantial Deregulation on the Mechanics of Securities Offerings," Duane Morris Alert, April 13, 2012
- Co-author, "SEC Proposals for Compensation Committees and Compensation Advisers," Duane Morris Alert, April 25, 2011
Selected Speaking Engagements
- Panelist, "The Board’s Role in Mergers and Acquisitions," 2019 Drexel University Gupta Governance Institute, Drexel Lebow School of Business, Philadelphia, October 30, 2019
Moderator, "Succession Planning: Talent, Strategy and Risk," Philadelphia Chapter of NACD (National Association of Corporate Directors), The Union League of Philadelphia, September 10, 2019
- Panelist and Presenter, Federal Securities Law Forum, Pennsylvania Bar Institute, April 21, 2017
- Panelist and Presenter, Federal Securities Law Forum, Pennsylvania Bar Institute, April 15, 2016
- Panelist, "Crowdfunding for Life Sciences: A bridge over troubled waters?" Pharmaceutical Consulting Consortium, Inc., May 12, 2014
- Panelist, "Crowdfunding and Rule 506(c): Brave New Capital-Raising World," Pennsylvania Business Brokers Association, April 2, 2014
- Presenter, "Crowdfunding under the JOBS Act," Pennsylvania Bar Association, July 23, 2013