Ed Batts leads Orrick’s global M&A and Private Equity practice group, which includes more than 50 partners across the world dedicated to acquisitions and divestitures involving strategics and financial sponsors alike. Orrick consistently ranks in the top 15 law firms globally for M&A deal volume, while focusing on delivering business acumen and efficiency for clients in the Technology, Energy & Infrastructure and Finance sectors.

In his practice, Ed counsels publicly traded companies in complex mergers and acquisitions, corporate governance and cyber-security, including the following:

  • M&A: Fiduciary duty counseling of public boards, cross border transactions, spin-offs, tender offers and going private transactions.
  • Corporate Governance: Board matters and public reporting obligations, including activist investor situations, stockholder proposals and accounting issues.
  • Crisis Management/Cyber: Crisis management of significant incidents and internal investigations, including advice on regulators, plaintiffs and law enforcement.

Ed frequently presents on governance, activism, M&A and crisis management/cyber. Recent engagements include moderating Stanford Directors’ College panels on stockholder engagement and governance, moderating on crisis management at the Financial Times Outstanding Director Exchange (FT-ODX) conference; moderating cyber and stockholder activism topics with the Silicon Valley Directors Exchange (SVDX); and speaking on M&A at the annual conference of the National Investor Relations Institute (NIRI).

Ed has authored two studies on corporate governance features of public companies, one for the U.S. technology sector (available here) and the other on large Silicon Valley/Bay Area companies (available here). He also publishes annual checklists on M&A (here) and public company reporting matters (here) and maintains a blog on public company matters, accessible at www.accruedknowledge.com.

Ed is a military officer veteran, having deployed since 9/11 both to Yemen and twice to Iraq. He is a graduate of the Criminal Investigator Training Program (CITP) at the Federal Law Enforcement Training Center and served with both the Naval Criminal Investigative Service (NCIS) and the Air Force Office of Special Investigations (OSI). He is an active participant in Orrick’s veterans programs, including the firm’s annual Veterans' Legal Career Fair in Washington, D.C.

  • Buy Side: Public Company Acquirers

    • NetApp (NTAP) in its $870 million cash acquisition of SolidFire (2016), as well as acquisitions of the SteelStore business of Riverbed Technology (RVBD) (2014), Ion Grid (2013) and CacheIQ (2012)
    • Viavi Solutions (VIAV), formerly, JDS Uniphase (JDSU), in its spin-off into two separate public companies (Viavi Solutions and Lumentum Holdings) (2015), as well as various transactions, including its acquisition of Time-Bandwith Products AG of Switzerland (2014), $650 million convertible debt offering (2013), acquisition of the network solutions test business of Agilent Technologies, Inc. for $165 million in more than 25 countries (2010) and in its divestiture of manufacturing assets in China to Sanmina-SCI Corporation (2009)
    • Barracuda Networks (CUDA) in its acquisition of Intronis (2015) and C2C Systems Limited (UK) (2014)
    • Synopsys, Inc. (SNPS) in its acquisition of Target Compiler Technologies NV (Belgium) (2014) and other matters
    • Booz Allen Hamilton (BAH) in the acquisition of Epidemico, Inc. (2014)
    • Extreme Networks (EXTR) in its $180 million acquisition of Enterasys Networks (2013) and $100 million issuer self-tender offer (2008)
    • ON Semiconductor Corporation (ONNN), formerly the Semiconductor Components Group of Motorola, in its acquisition of AMI Semiconductor (AMIS) (2007)

    Sell Side: Public Company Transactions

    • Applied Signal Technology (APSG) in its approximately $500 million tender offer acquisition by Raytheon Company (RTN) (2011)
    • PHH Corporation (PHH) (formerly Cendant Mortgage) in the proposed acquisition, which was subsequently terminated, of its residential lending business by The Blackstone Group and its vehicle fleet leasing business by General Electric (2008)
    • Nestlé S.A. (Switzerland) and Dreyer's Grand Ice Cream Holdings, Inc. (DRYR) in the acquisition of Dreyer's stock not already owned by Nestlé and accompanying going private transaction (2006)

    Cross-Border: Foreign Listings Into the United States

    • OCZ Technology (OCZ) in its initial NASDAQ listing and delisting from AIM (2010) and its acquisition of Indilinx of South Korea (2011)
    • Velti plc (VELT), founded in Greece and organized under the laws of the Bailiwick of Jersey, in its initial and follow-on public offerings on NASDAQ and delisting from London's AIM market (2011) and the acquisitions of Mobclix, Inc. (2010), and Air2Web, Inc. (2011)

    Cross Border: Material National Security Transaction Components

    • Spectrum Signal Processing, Inc. (SSPI) (Canada) in its acquisition by Vecima Networks, Inc. (Canada), listed on the Toronto Stock Exchange, including approval by the Committee on Foreign Investment in the United States (CFIUS) and associated classified facility clearance matters with the Defense Security Service (DSS) (2007)
    • Polestar Applied Technology, Inc., in its acquisition by WorleyParsons (Australia), listed on the Australian Securities Exchange, including approval by CFIUS and associated classified facility clearance matters with DSS (2007)

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