Biography

Brett represents public and private companies — from emerging businesses to Fortune 500 corporations — in a broad range of transactions, including mergers and acquisitions, public and private securities offerings, joint ventures and strategic investments. He also advises public company clients on securities law compliance, including periodic and annual reporting and corporate governance matters. He assists early stage companies, particularly medical device and other technology companies, with formation, equity capital raising, technology acquisition and licensing, as well as mergers and acquisitions and related matters. In addition to his broad experience as a transactional lawyer, Brett regularly consults with clients on general corporate structure, contract, risk management and other general business law issues.

Representative M&A Matters

  • Represented Rotation Medical, a developer of a novel tissue regeneration technology for shoulder rotator cuff repair, in its acquisition by Smith & Nephew (NYSE: SNN) for up to $210 million
  • Represented Torax Medical, the developer of the LINX Reflux Management System for the treatment of gastroesophageal reflux disease, in its acquisition by Ethicon, a Johnson & Johnson company
  • Represented Caisson Interventional, the developer of an implantable device to replace the heart’s mitral valve, in its acquisition by LivaNova for $72 million
  • Represented ReShape Lifesciences (NASDAQ: RSLS), a developer of minimally invasive medical devices to treat obesity and metabolic diseases, in its acquisitions of BarioSurg and ReShape Medical
  • Represented MOCON (NASDAQ: MOCO), a developer of state-of-the-art test and measurement instruments and services, in its $182 million acquisition by AMETEK (NYSE: AME)
  • Represented Bix Produce, a leader in specialty produce processing and distribution, in its acquisition by Norwest Equity Partners
  • Represented The Toro Company (NYSE: TTC), a leading worldwide provider of innovative solutions for the outdoor environment, including turf, snow and ground-engaging equipment, and irrigation and outdoor lighting solutions, in its $227 million acquisition of the BOSS professional snow and ice management business
  • Represented IMI plc, a global engineering company, in the $1.1 billion sale of its beverage dispense and merchandising divisions to The Marmon Group, a Berkshire Hathaway company
  • Represented Imation in the sale of its Memorex and XtremeMac consumer electronics businesses
  • Represented superDimension, the developer of a minimally invasive approach that accesses difficult-to-reach areas of the lung, aiding in the diagnosis of lung disease, in its acquisition by Covidien
  • Represented Lutonix, the developer of a drug-coated balloon for the treatment of peripheral arterial disease, in its acquisition by C.R. Bard for up to $325 million

Representative Securities and Capital Markets Matters

  • Represent Sleep Number Corporation (NASDAQ: SNBR), The Toro Company and ReShape Lifesciences on securities and corporate governance matters
  • Represented ReShape Lifesciences in its $20 million underwritten public offering of preferred stock and warrants
  • Represented Tornier N.V. in its $210 million underwritten public offering
  • Represented Kips Bay Medical in its $4.25 million underwritten public offering
  • Represented BioSante Pharmaceuticals in several underwritten, registered direct and PIPE offerings

Before Fox Rothschild

Prior to joining Fox, Brett was a partner with Oppenheimer Wolff & Donnelly LLP.