Driscoll R. Ugarte, P.A.

Partner

  • Driscoll R. Ugarte, P.A.
  • Phone: +1 561 962 2100
    Fax: +1 561 634 4260

    Driscoll R. Ugarte, P.A. - LinkedIn Import to Address Book

  • Duane Morris LLP
    1875 NW Corporate Boulevard
    Suite 300
    Boca Raton, FL 33431-8561
    USA
  • Duane Morris LLP
    201 S. Biscayne Boulevard, Suite 3400
    Miami, FL 33131-4325
    USA

Driscoll R. Ugarte serves as a team lead of the firm's Life Sciences and Medical Technologies industry group. He practices in the area of corporate law, including private equity financings, emerging companies, mergers and acquisitions and securities. Mr. Ugarte counsels public, domestic and foreign corporations through all stages of development, from formation and operation to capital-raising and exit, including public and private offerings of equity and debt, tender offers, proxy contests, going-private transactions and recapitalizations.

An increasing focus of Mr. Ugarte’s practice is advising single family offices on organization, tax-efficient structure and strategy with regard to direct investments and other acquisitions. He also advises start-up companies and entrepreneurs, venture capital investors and underwriters.

Mr. Ugarte regularly counsels businesses in the industries of life sciences, biotech, medical devices, pharmaceutical and biologics; real estate; agribusiness; and aerospace.  In addition to advising domestic business, he guides multinational and foreign companies in Asia, North America, Europe and Latin America on cross-border direct foreign investment and mergers and acquisitions activities.

Mr. Ugarte is a 2002 graduate of Georgetown University Law Center and a cum laude graduate of the University of Florida. Prior to entering private practice, Mr. Ugarte served as a law clerk in the U.S. Court of Appeals for the Fifth District.

Areas of Practice

  • Corporate Law
  • Securities

  • Mergers & Acquisitions

  • Private Equity

  • Emerging Growth and Venture Capital

Representative Matters

    Capital Markets, Private Equity and Venture Capital Transactions

  • Advised a Florida-based designer, importer, distributor and licensor of men's apparel in connection with its $150 million public bond offering, $150 million "universal shelf" public offering and $40 million secondary public offering.
  • 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 a publicly-traded biopharmaceutical company in registered direct public offerings of more than $20 million for common stock and warrants to institutional investors.
  • 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.
  • Closed multiple technology-based growth company transactions, including venture capital financings, strategic alliances, licenses, development and supply arrangements totaling over $500 million in the last five years.
  • 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.
  • Counseled a privately-held orthopedic medical device manufacturer in connection with private financings in excess of $60 million.
  • Represented a privately-held biometric fingerprint sensor designer and manufacturer in connection with private financings in excess of $80 million.
  • Represented an electronic health records/patient care management company in connection with a $500,000 investment by an angel group based in Orlando, Florida.
  • Mergers and Acquisitions

  • Represented a leading national provider of workers' compensation industry specialized cost containment services in acquiring a health care service provider that facilitates the measurement and tracking of health care quality and efficiency.
  • 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
  • Represented a publicly-traded biopharmaceutical company in connection with the acquisition of a Phase 3 clinical trial-ready drug candidate and all related assets, including the intellectual property and rights to develop and commercialize the drug product.
  • Represented a publicly-traded internet-based weight-loss company in connection with its merger with a provider of interactive private-label nutrition, fitness and wellness programs.
  • 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.
  • Advised publicly-traded company in connection with implementation of shareholders' rights plan to discourage certain types of transactions involving an actual or potential change of control of the company.
  • 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.

Admissions

  • Florida

Education

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

Experience

  • Duane Morris LLP
    - Partner, 2016-present
    - Associate, 2013-2015
  • Edwards Wildman Palmer LLP (now Locke Lord LLP)
    - Associate, 2005-2013

  • Broad and Cassel, P.A. (now Nelson Mullins Riley & Scarborough LLP)
    - 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
  • BioFlorida

  • Association for Corporate Growth

Civic and Charitable Activities

  • Palm Beach County School Board
    - Member, Independent Sales-Surtax Oversight Committee, 2005-2016

Honors and Awards

  • Lexology / International Law Office 2017 Client Choice General Corporate Award for Florida, 2017
  • Recognized as a "Young Attorney on the Rise" by the Daily Business Review
  • Named a "Legal Elite Up & Comer" for 2016 and 2013 by Florida Trend magazine
  • Selected to the 2010 Florida Rising Stars list by Super Lawyers magazine

Selected Publications

Selected Speaking Engagements

  • Speaker, "Wealth Preservation: Are Your Assets Properly Protected From Creditors?" Duane Morris Doing Business in South Florida Roundtable Series, August 14, 2019

  • Moderator, "The Role of Private Equity and Venture Capital in Seeding the Future: Challenge and Opportunity in Early Stage Impact Investing,” Opal Group's Impact Investment Forum, West Palm Beach, Florida, April 1-3, 2019

  • Panelist, "Meet the Angels," FAU Tech Runway, Boca Raton, March 29, 2019

  • Panelist, "Business Succession Planning," The Owner's Journey, FAU Tech Runway, February 2019