Joshua M. Diver

Josh Diver practices start-up, M&A, venture capital and securities law, representing founders, early stage and high growth companies and venture capital and private equity investors form business entities, raise capital through debt and equity financings, make acquisitions, execute successful exit events and navigate sensitive governance and technology issues. Josh works with companies across a range of industries, including technology, life sciences, healthcare, consumer goods and manufacturing.

Josh provides clients with market insight and navigating how evolving trends impact deals, which he uses to provide practical, real-world solutions. He provides advice, not simply analysis, helping clients anticipate problems, quickly cut to the core of complex issues and execute on decisions. Josh works with many of his clients as outside general counsel, helping manage risks in a variety of everyday contexts, including employment issues, equity compensation, intellectual property matters and commercial disputes. In addition, Josh is an experienced advisor to boards on corporate governance matters, including fiduciary duties, defensive takeover strategies, shareholder proposals and proxy contests. Josh is also passionate about working with public benefit corporations and social impact investors.

Prior to joining Smith Anderson in 2015, Josh practiced corporate law in the Boston office of a global law firm.

Outside the office, Josh is an avid runner, completing multiple marathons and ultramarathons, including the Chicago Marathon, the New York City Marathon and the Leadville 100. Josh is a dedicated yoga student and a certified yoga teacher (RYT-200). He also loves climbing mountains, including recent summits of Pikes Peak and Mount Hood, and is preparing to climb even taller peaks in the future. Josh finds these pursuits require similar skills to what he brings to his law practice and his clients: discipline, grit, attention to detail and a healthy dose of inspiration.

Recognition

• The Best Lawyers in America®
  
  • Mergers and Acquisitions Law (2024-2025)
  • Venture Capital Law (2024-2025)
• 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

Education

• 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

Bar & Court Admissions

• North Carolina Bar Association
  
  • Professional Vitality Committee (2023-2025)
• Council for Entrepreneurial Development (CED) Development Committee (2021-2022)
• Board of Directors, Healing Transitions (2024-present)
• Wake County Bar Association
• Certified Adult Mental Health First Aid, National Council for Mental Wellbeing

Private Company and Emerging Growth 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.
• Represented a European bank in its 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.
• Advised a sports software company on its acquisition of an Australian software provider to military and sports organizations.
• Advised network of primary care physician practices in strategic sale transaction to a joint venture between multiple national healthcare companies.
• Advised online soccer retailer in its sale to a private equity firm.
• Advised a sports software company in its acquisition of an Australian software provider to military and sports organizations.
• Represented a data governance platform provider in the sale of substantially all of its assets to a national bank.
• Advised a sports software company in its acquisition of a career placement and networking software provider for athletes.
• Advised a sports software company in its acquisition of recruiting, compliance, and process automation software.
• Represented a life sciences and healthcare consulting firm in its sale.
• Represented a Research Triangle Park-based technology company in its acquisition by a wholly owned subsidiary of a Nasdaq-listed semiconductor supplier company.
• Represented a leading enterprise SaaS company serving elite sports and tactical organizations globally in its acquisition of a leading sports intelligence platform.
• Advised national sporting goods supplier in its acquisition of certain assets from a regional sporting goods supplier.
• Advised a sports software company in its acquisition of a software company.
• Advised a sports software company in its acquisition of an athlete nutrition mobile app provider.
• Advised research-based university spinout medical device company in its equity interest sale to a private-equity backed medical device manufacturing company.

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.

Startup and Venture Capital Financings

• Advised a technology company with its Series E Preferred Stock and Warrant financing.
• Advised a clean tech company with its Series C Preferred Stock financing.
• Advised a software company with its Series C Preferred Stock financing.
• Advised a medical device company with the sale of Series 2B Preferred Stock.
• Advised a plant genetics company with the sale of Series Pre-Seed Preferred Stock.
• Advised a software company with the sale of convertible notes.
• Advised a software company with the sale of convertible notes.
• Advised a clean energy company with the sale of convertible notes.
• Advised a sports nutrition company with the sale of Series Seed-1 Preferred Stock.
• Advised angel network with purchase of Series A Preferred Stock.
• Advised angel network with convertible note financing.
• Advised angel network with the purchase of SAFEs.
• Advised clean energy company with the sale of Series Seed-2 Preferred Stock.
• Advised defense and space manufacturing company with the sale of Series Seed Preferred Stock.
• Advised FemTech company with the sale of convertible promissory notes.
• Advised angel network with the purchase of a convertible note.
• Advised angel network with the purchase of Preferred Stock.
• Advised a medical device company with the sale of convertible promissory notes.