Brandee L. Diamond
Partner
Brandee Diamond advises investors, corporate boards, and public and private companies in complex domestic and cross-border transactions in a range of industries, including life sciences, technology, food and beverage, apparel, print and digital media, and financial services. She is a partner based in the firm’s San Francisco office, where she is a member of the Transactions Practice. Brandee also works closely with the firm’s Austin office.
With her distinguished background, Brandee has extensive experience with corporate mergers and acquisitions, dispositions, minority investments, joint ventures, and assisting with growth equity transactions, leveraged buyouts, going-private transactions, recapitalizations, and exits. She handles all aspects of the deal process, including working with corporate boards and senior management on pre-acquisition planning, transaction structuring, drafting, and negotiating acquisition and related agreements and post-acquisition integration planning.
In addition to her transactional work, Brandee counsels emerging growth companies across the full spectrum of the company’s lifecycle, encompassing formation and development, compensation, financing, and other corporate matters.
Representative Experience*
- Represented SoftBank Vision Fund in its US$300m investment in on-demand walking and dog care startup Wag.
- Represented software company, Twilio Inc., in its acquisition of Quiubas Mobile, an enterprise messaging provider in Mexico and LatAm.
- Represented Riverwood Capital, a growth equity firm that invests in high-growth middle market companies, in its growth equity investment in Forecast5 Analytics, the leading provider of decision support tools for local government administrators.
- Represented Centric Software, a venture capital-backed technology company, in its sale of a majority stake to Dassault Systèmes.
- Represented Juniper Networks (NYSE: JNPR), an industry leader in automated, scalable and secure networks, in its acquisitions of Cyphort, Inc. and AppFormix.
- Represented SoftBank Group International, the investment arm of Tokyo-based telecommunications and internet company, SoftBank, in connection with its US$360m Series E investment in and associated joint venture with Guardant Health.
- Represented private equity firm Symphony Technology Group in its acquisition of Erecruit, an enterprise staffing software platform from North Bridge Growth Equity.
- Represented TubeMogul (NASDAQ:TUBE), an enterprise software company for digital branding, in its sale to Adobe through an all cash tender offer for US$540m.
- Represented Jamba, Inc., a global lifestyle brand that serves fresh smoothies, bowls and juices, in its sale to Focus Brands through an all cash tender offer for US$200m.
- Represented Cypress Biosciences, Inc., a pharmaceutical company, in its defense of a hostile takeover bid and, subsequently, the sale of the company to Ramius LLC. and Royalty Pharma through an all cash tender offer for US$225m.
- Advised Websence, Inc. (NASDAQ: WBSN), a provider of web filtering and web security software, in activist shareholder and corporate governance matters, its acquisitions of several companies, including Port Authority Technologies and SurfControl and, ultimately, its sale to Vista Equity Partners through an all cash tender offer for US$1bn.
- Represented Battery Ventures in its acquisitions of Enviance, Inc., a leader in cloud-based environment, health and safety management software and Remedy Interactive, Inc., an ergonomics and safety management software and analytics company.
- Represented Entropic Communications, a leader in home networking and digital entertainment, in its acquisition of Arabella Software, Ltd.
- Represented Continuous Computing Corporation, a provider of integrated platform solutions to network equipment providers, in its acquisition by RadiSys Corporation.
- Represented Enerdyne Technologies, a provider of integrated platform solutions to network equipment providers, in its acquisition by RadiSys Corporation.
- Represented Enerdyne Technologies, a provider of innovative video data link equipment and digital video systems for defense and intelligence markets, in its acquisition by ViaSat, Inc.
- Represented Vico Software, a recognized leader in 5D virtual construction software and consulting services, in its acquisition by Trimble.
- Represented ProfitLine, Inc., a provider of telecom expense management services, in its acquisition by Tangoe, Inc.
- Represented AdvancedMD Software, Inc., a leading provider of web-based medical practice management solutions, in its acquisition by Francisco Partners.
- Represented JMI Equity, a growth equity firm focused on investing in leading software companies in the sale of its portfolio company, TC3 Health, Inc. to Emdeon, Inc.
- Represented CodeRyte, Inc., an industry leader in clinical natural language processing technology and computer-assisted coding solutions for healthcare outpatient providers, in its sale to 3M.
*Matters handled prior to joining Foley.
Affiliations
- American Bar Association
- M&A Committee of the Business Law Section
Foley Represents Jelly Belly Candy Company in its Sale to Ferrara Candy Company
Foley & Lardner LLP advised Jelly Belly Candy Company in its agreement to be sold to Ferrara Candy Company.
Foley Represents Riverwood Capital in Growth Equity Investment in One Model
Foley & Lardner LLP represented Riverwood Capital, a leading global investor in high-growth technology companies, as the lead investor in the $41 million growth funding round for One Model.
Financial Metrics in M&A Transactions: Evaluating Valuation Metrics, Pricing, and Potential Returns
Mergers, acquisitions, and buyout transactions are complex endeavors requiring careful analysis and consideration of multiple financial inputs and outputs.
Cultural Alignment in Mergers and Acquisitions: The Key to Successful Integration
The iconic management theorist Peter Drucker made famous the notion that “culture eats strategy for breakfast.” In other words, the culture of your company is correlated more closely to your company’s ultimate value and success than its strategy.
Louis Lehot, Brandee Diamond, and Omar Lucia Author Article on M&A Prospects for 2023
Foley & Lardner LLP Partners Louis Lehot, Brandee Diamond, and Omar Lucia authored the Westlaw article, “Mergers and acquisitions: bridging gaps in expectations and resources in 2023.”
The US Economy Is Strong, the Stock Market Is Steady, So Where Did All the M&A Deals Go?
No one can predict the lasting effects of an economic downturn for certain and whether tech M&A activity will ebb or flow. However, current economic conditions present many aspects of the ideal buyer’s M&A market.