Don J. McDermett, Jr.

Partner

Don McDermett Photo

Dallas

P: +1.214.953.6454 F: +1.214.661.4454

Accenture

  • $1.6 billion 10-year IT and BPO outsourcing and M&A transaction with British Columbia Hydro & Power Authority, including structuring and formation of new joint venture entity

Advanced Neuromodulation Systems, Inc.

  • $1.3 billion cash sale of publicly held medical device maker to strategic buyer St. Jude Medical through a negotiated cash tender offer/merger

Argo Data Resource Corp.

  • Acquisition of Advanced Software Design Corp.
  • Acquisition of Gilson Image Solutions, Inc.

BusinesSuites, L.P.

  • Multiple acquisitions of executive suites businesses across the U.S.
  • Multiple corporate reorganizations
  • Joint venture and marketing alliance formation with two other executive suites operators
  • Company sale to Regus, plc

EDS

  • $346 million securitized financing of enterprise software license from CA, Inc.
  • Negotiation and structuring of 10-year marketing alliance agreement with Sabre Holdings involving airline application software and related IT services

GENBAND Holdings Company

  • Stock-for-stock “merger of equals” with publicly traded Sonus Networks
  • $340 million recapitalization transaction with private equity sponsor One Equity Partners
  • Acquisition of Aztek Networks, Inc. (stock-for-stock)
  • Acquisition of Cedar Point Communications (stock-for stock)
  • $282 million acquisition of Global VOIP Business of Nortel Networks Corp. (all-cash transaction completed under Section 363 of U.S. Bankruptcy Code)
  • $375 million term debt and private equity financing transactions (to finance Nortel transaction) with private equity sponsor One Equity Partners
  • Acquisition of NextPoint Networks, Inc. (stock-for-stock)
  • Acquisition of BayPackets, Inc. (stock-for-stock)
  • Acquisition of Switching Solutions Group of Tekelec (assets and stock-for-stock)
  • Multiple strategic partnership/re-seller agreements with Alcatel-Lucent
  • Asset acquisition and strategic partnership/re-seller agreement with Nokia-Siemens Networks
  • Multiple product line divestitures
  • Multiple rounds of venture capital and private equity financing involving proceeds of $400 million

Insilco, Inc.

  • $100 million divestiture of industrial parts business

Kimberly-Clark Corporation

  • Tax-free spin-off of Halyard Health (global healthcare products business with annual revenues of $1.6 billion)
  • Corporate governance counseling

Kinko's Inc.

  • $460 million recapitalization transaction involving JP Morgan Chase, AOL Time Warner and Clayton Dubilier & Rice
  • $240 million self-tender offer to existing stockholders
  • Acquisition of publicly-held ImageX, Inc. through negotiated cash tender offer/merger

LBJ Holding Company/LBJ Family Wealth Management Ltd.

  • $100-plus million divestiture of cable TV systems
  • $100-plus million divestiture of multi-station radio group in Austin, Texas
  • Acquisition and subsequent divestiture of multi-station radio group in southeastern U.S.
  • Multiple corporate reorganizations
  • Numerous private equity investments across various industries, including lead investment in Blue Sage Capital
  • Fund of funds formation
  • SEC compliance and counseling (Investment Advisors Act of 1940)

Luminex Corp.

  • SEC compliance and counseling for publicly held bio-tech company
  • Implementation of shareholder rights plan/poison pill

Michaels Stores

  • Acquisition of over 50 retail stores and related IP assets from competitor A.C. Moore

Morgan Stanley

  • Underwriters' counsel in $112 million secondary offering by Inet Technologies, Inc.

Motive, Inc.

  • Issuer's counsel in $50 million IPO by enterprise software vendor
  • SEC compliance and counseling for publicly held enterprise software vendor
  • Stock-for-stock merger with BroadJump Inc.
  • Audit committee investigation, accounting restatement, dismissal of "big 4" independent auditor
  • $67 million cash sale to Alcatel-Lucent through negotiated cash tender offer/merger

RealPage, Inc.

  • Multiple rounds of venture capital financing for “software as a service” vendor
  • $345 million Rule 144A offering of Convertible Senior Notes
  • Multiple acquisitions of FinTech targets, including $300 million acquisition of Lease Rent Options, $75 million acquisition of American Utility Management, and $250 million acquisition of On-Site Manager

Triad Hospitals, Inc.

  • Representation of Special Committee in $6.8 billion strategic merger with Community Health Systems, Inc. (merger resulted from a topping bid during a “go shop” period agreed to by a private equity bidder, merger produced the 2nd largest for-profit hospital chain in the U.S.)
  • Representation of Compensation Committee as independent counsel in renewal of CEO's employment agreement and implementation of executive severance agreements for other key officers

USA Compression Holdings, L.P.

  • Sale of privately held natural gas compression provider to Riverstone Holdings for cash consideration of $500 million

Zix Corporation

  • SEC and corporate governance compliance and counseling for publicly held encrypted email and data security vendor
  • Acquisition of AppRiver, LLC for $275 million, including related $100 million PIPE financing and $175 million term debt financing
  • Acquisition of Erado Inc.
  • Acquisition of Greenview Data, Inc.
  • Defense and settlement of proxy fight launched by 10% shareholder