Josh Diver practices start-up, venture capital, M&A and securities law, helping both entrepreneurs and founders as well as angel, venture and private equity investors form business entities, raise capital, buy and sell companies, and navigate sensitive governance and technology issues. Josh works with early-stage and late-stage start-up, growth and technology and life science companies. In addition, he is an experienced advisor to corporate boards (including boards of religious and affinity groups) on corporate governance matters, including fiduciary duties, defensive takeover protections and strategies, shareholder proposals, and proxy contests. Josh also serves as a member of the firm's Diversity and Inclusion Committee.
Josh enjoys working with socially-minded businesses and has a burgeoning interest in helping benefit corporations and social impact investors fulfill their missions.
Prior to joining Smith Anderson in 2015, Josh practiced corporate law in the Boston office of a global law firm.
Outside the office, Josh loves running North Carolina roads and trails, practicing yoga and tending to a small vegetable garden.
Professional & Community Affiliations
- Council for Entrepreneurial Development (CED) Development Committee
- North Carolina Bar Association
- Wake County Bar Association
- Certified Adult Mental Health First Aid, National Council for Mental Wellbeing
- African Leadership Foundation Host Family
- Citizens Schools, Writing Coach
Honors & Awards
- Note & Comment Editor, North Carolina Journal of International Law & Commercial Regulation
- Recipient, Gressman-Pollitt Award for Best Appellant in Oral Argument
- Member, Holderness National Moot Court Team
Privately Held and Emerging Growth Company M&A
- Advised an eco-friendly startup company in agreements to sell certain business assets while enlisting the buyer as its long-term representative for future licensing of its patented technology in select markets.
- Advised a building supply company in the acquisition of a majority of the outstanding membership interests of a siding, roofing and decking installation company.
Advised a sporting goods distributor in its acquisition of fishing and hunting goods and marine products inventory from secured lenders of another sporting goods distributor.
- Represented private equity fund in its acquisition of a savings and loan association.
- Advised a private equity-backed medical device repair services company in the sale of its wholly-owned operating subsidiaries to a strategic buyer operating in the medical device repair services industry.
- Represented a private equity fund in its purchase of stock issued by late-stage private technology company.
- Advised a company specializing in video game and software development in a definitive agreement to acquire a company that developed a presence-based social networking platform connecting users online through live video on mobile and desktop apps.
- Advised a leading provider of patient affordability, access, adherence, and support services in a definitive agreement to acquire a provider of mobile-based medication management and adherence solutions for the life sciences sector.
- Advised a global CRO business in the staged acquisition of the leading interactive response technology provider for $75 million in value.
- Represented a European bank in a $900 million sale of asset-based lending business to U.S. based bank.
- Represented a company in the sale of its contract drug manufacturing organization business. This transaction was awarded the Corporate/Strategic Deal of the Year ($10-$25 million) award at the 2019 M&A Advisor Awards.
- Advised a leading provider of financial software and information products to U.S. financial institutions in a reverse triangular merger with a private equity-backed company.
- Represented a public clean energy company in a strategic alliance with a European multinational energy company.
- Represented a closely-held chemical manufacturing company in its sale to a European multinational chemical manufacturing company.
- Advised a global supplier of chemical and slurry delivery equipment in an agreement to sell all of its issued and outstanding common stock to a process and mechanical contractor.
- Represented a test preparation services company in its acquisition of a test preparation software company.
- Represented a medical services company in a bolt-on acquisition.
- Represented numerous private companies in venture financing transactions.
- Advised a UK-based drug development services organization in its acquisition of an expert clinical pharmacology business.
- Advised a UK-based drug development services organization in the acquisitions of multiple pharmaceutical contract development and manufacturing organizations.
- Advised a leading provider of drone technology for the enterprise in the purchase of substantially all assets of a provider of analytics tools and machine vision software for renewable energy.
- Advised a leading provider of drone technology for the enterprise in the purchase of substantially all assets of a drone service provider focused on critical infrastructure inspections.
Public Company M&A
- Advised a publicly traded company on its $50 billion merger with another major publicly traded company.
- Represented a publicly traded company and leading provider of end-to-end spend management solutions in its sale of the company to a leading technology-focused private equity firm for approximately $509 million.
- Represented the world’s largest public company provider of biopharmaceutical development services and commercial outsourcing services in connection with its joint venture with the world’s leading public company provider of diagnostic information services to form a global clinical trials laboratory services business with annual revenues of approximately $575 million.
- Represented a publicly-traded and leading provider of end-to-end spend management solutions in its acquisition by a leading technology-focused private equity firm.
- Represented a public medical device company in its $500 million acquisition of a product line from a public industrial company.
- Advised a publicly traded supplier of water and water dispensers in an agreement to acquire by merger a publicly traded competitor for $263 million in cash and stock.
- Represented a public bank holding company in its $233 million acquisition of another public bank holding company.
- Represented a public technology company in its $50 million acquisition of another public technology company.
- Represented a public medical device company in its $38 million acquisition of assets from private medical device company.
- Represented a public bank holding company in its joint venture with a public payment processing company.
- Represented public bank holding company it its $10 million sale of a private trust company to another public bank holding company.
- Represented a public banking holding company in its $62 million acquisition of another public bank holding company.
- Represented a public banking holding company in its $93 million sale of bank subsidiary in connection with management-led buyout.
- Represented a public life sciences company in private placement of common stock and warrants.
- Represented a public life sciences company in registered direct offering of common stock and warrants.
News & Publications
- The News & Observer, 01.26.2023
- N.C.-Based and Largest Soccer Retailer in the World, Sports Endeavors, Partners with Private Equity FirmWall Street Journal | Triangle Business Journal, 08.29.2022
- The M&A Advisor, 12.03.2019
- Co-Presenter, "Angel Investing For Success Seminar & Discussion," ECU Miller School of Entrepreneurship, sponsored by East Carolina Angels, Greenville, N.C.10.10.2022
- Presenter, " Securities Law for Startup Founders," Raleigh-Durham Startup Week, Durham, N.C.04.21.2022
- Guest Lecturer, "Special Topics in Nonprofit Studies: Real Social Change," NC State University, Raleigh, N.C.10.27.2020
- Participant, "New Ventures Launch Legal Clinic," UNC Kenan-Flagler Business School, Chapel Hill, N.C.10.03.2020
- Participant, "New Ventures Launch Legal Clinic," UNC Kenan-Flagler Business School, Chapel Hill, N.C.10.05.2019
- Panelist, "Seed to Series Investor Panel Discussion," NewVentures Triad Startup Demo Day, Winston-Salem, N.C.09.06.2019
- Guest Judge, "2019 Lulu eGames Social and Environmental Impact Pitch Round," hosted by the Poole College of Management’s Business Sustainability Collaborative, Raleigh, N.C.04.03.2019
Bar & Court Admissions
- North Carolina
- University of North Carolina School of Law, J.D., 2007
- University of Massachusetts at Amherst, B.A., Economics, magna cum laude, 2003
- Phi Beta Kappa