Mergers and Acquistions

Osborn McDerby is one of the top boutique law firms in the San Francisco Bay Area, with a leading mergers and acquisitions practice. Our M&A clients include both publicly held and privately held companies, as well as private equity sponsors.

We adopt an efficient small team approach to your M&A transactions, which helps us resolve issues and craft creative solutions with a view toward the overall success of the transaction. Our deep experience allows us to anticipate, strategize and respond effectively and strategically to counterparty actions and demands. Our M&A attorneys collaborate closely with our extensive network of advisers, who provide advice in key areas, such as antitrust, labor and employee benefits, tax, bankruptcy, real estate, and environmental law.

Our firm’s representative M&A experience includes:

  • Buy-side and sell-side traditional M&A transactions for both public and private companies
  • Cross-border transactions and international M&A
  • Strategic planning and execution of spin-off transactions
  • Auctions and other bid programs
  • Joint ventures and complex strategic alliances
  • Private equity–sponsored transactions
  • Corporate carve-outs and product-line extension acquisitions
  • Acqui-hires (i.e., tech and talent acquisitions)
  • Recapitalizations, assignment for benefit of creditors and leveraged transactions
Intellectual Property and Technology Transactions

Osborn McDerby’s intellectual property and technology transactions practice has developed into a leading practice group, and our attorneys have been recognized in the Silicon Valley as highly competitive to other attorneys at large firms. We deliver in-depth knowledge of the law and worldwide experience to both established and emerging technology-sector clients. Our attorneys have an understanding of the business pressures you face during each transaction; by recognizing these pressures and being acutely aware of industry standards and market terms, our attorneys are able to successfully negotiate and close transactions to your benefit.

Our key focus areas include:

  • Technology licensing, distribution and supply agreements
  • Joint ventures and joint development projects
  • M&A and spin-off–related technology licensing
  • IP and technology aspects of other corporate transactions
General Counsel

Companies are constantly faced with financial, management, organizational and other legal challenges, and they often do not have an internal or cost-efficient legal resource at their disposal. Since inception, Osborn McDerby has proudly served as outside general counsel to companies large and small, providing a broad range of services related to corporate and business matters across a wide range of industries.

We work closely with our clients to assess and identify their needs and develop innovative legal strategies to help achieve their goals. As a result, we can address a specific issue or provide a thorough review of a legal question on a singular or ongoing basis. We also support and work alongside existing internal legal staff to address your needs as you build and grow your business.

Composed of attorneys who previously practiced with large international law firms and as in-house counsel at private companies, Osborn McDerby has built this practice by focusing on providing big-firm quality and sophistication with the streamlined setting and personalized attention of a boutique law firm. By better understanding your business and your goals, we are able to deliver trusted and valued advice that is cost-effective, practical and business-oriented.

Finance

Osborn McDerby’s attorneys have deep experience advising on a wide range of financing transactions, including seed capital, venture capital, private equity, leveraged buyouts, and bank and other institutional financings. We routinely work on sophisticated transactions covering a broad range of industry sectors, including technology, software, real estate, medical devices, biotechnology, transportation, consumer packaged goods, and food and beverage.

We have extensive experience advising venture-backed companies across all stages of the corporate life cycle. With this in mind, we work closely with entrepreneurs and companies to identify financing needs and develop a strategy that will help achieve both short- and long-term financing needs.

Additionally, we represent high-net-worth individuals, as well as venture capital and private equity funds, in connection with their investments, including complex issuances of convertible debt, warrants and preferred stock. To help protect your interests, we counsel clients by identifying risks and issues that may affect your existing and potential investments.

As part of our finance practice, we also advise clients on the formation of private equity, real estate and venture capital funds, and other investment vehicles. We advise on fund-investment strategy; prepare fund documentation, including term sheets, offering memoranda and subscription agreements; and help our fund clients with the investor-onboarding process.

Real Estate Transactions

Osborn McDerby’s attorneys have extensive experience advising clients on a broad range of real estate transactions. We efficiently provide a results-oriented approach to your real estate transactions to ensure their successful conclusions.

Our real estate clients range from individual investors buying commercial investment properties to investors with large portfolios of real estate properties across the United States. We work with our strong network of advisers, including lenders, accountants, tax specialists and real estate brokers, to help manage large portfolios of real estate investments. We also advise clients on real estate leasing and help establish new investment funds to acquire properties and grow portfolios.

Startups

Osborn McDerby understands the opportunities and challenges entrepreneurs and emerging-growth companies face throughout their startup and growth phases. We work closely with you to identify and prioritize your needs in order to lay a strong legal foundation from the outset.

Our team-oriented approach allows us to provide cost-effective legal and business advice across all stages of the corporate life cycle, starting from company formation, and continuing through corporate growth and capital-raising efforts, to a sale, public offering or other exit transaction.

We have extensive experience in corporate formation, corporate governance, technology licensing, private and venture capital financings, and mergers and acquisitions. We bring that experience to bear for entrepreneurs across a wide range of industries, including:

  • Software and technology
  • Medical devices
  • Consumer packaged goods
  • Food and beverage

We share our clients’ passion for innovation and success. Not only do we focus on and understand entrepreneurs, we ARE entrepreneurs!