Driscoll R. Ugarte, P.A.

Partner

  • Driscoll R. Ugarte, P.A.
  • Phone: +1 561 962 2139

    Driscoll R. Ugarte, P.A. - LinkedIn Import to Address Book

  • Duane Morris LLP
    Boca Center Tower II
    5100 Town Center Circle, Suite 400
    Boca Raton, FL 33486-1008
    USA
  • Duane Morris LLP
    201 S. Biscayne Boulevard, Suite 3400
    Miami, FL 33131-4325
    USA

Driscoll R. Ugarte is a corporate and securities partner at Duane Morris LLP, resident in the firm's Boca Raton and Miami offices. With nearly 25 years of experience and leadership on transactions exceeding an estimated $15 billion in aggregate value, Mr. Ugarte is a sought-after advisor on mergers and acquisitions, capital markets, securities regulation, and private equity.

Mr. Ugarte advises public and private companies, private equity and venture capital sponsors, institutional investors, family offices, and founders on high-stakes transactions, capital formation, and strategic growth initiatives. Clients rely on him to lead complex domestic and cross-border mergers and acquisitions, sophisticated securities offerings, complex financings, and corporate governance matters, particularly in highly regulated, innovation-driven, and growth-oriented industries. He also advises family officers and institutional investors on tax-efficient structuring, direct investments, and portfolio company governance. Mr. Ugarte counsels clients at every stage of the business lifecycle—from formation and venture financing through growth-stage investment, strategic acquisitions, capital markets transactions, and liquidity events. He also advises multinational corporations and foreign companies on cross-border direct investment, M&A, and U.S. securities law compliance, with particular depth in U.S.–Latin America transactions involving foreign private issuers and multinational operating companies.

Mr. Ugarte is one of a small group of Florida-based corporate and securities lawyers with the depth to handle complex public company representation, from complex cross-border transactions to SEC reporting and corporate governance matters.

Mr. Ugarte serves on the firm’s governing Partners Board, a select body responsible for firmwide strategy, governance, and institutional leadership. He is also co-Team Lead of Duane Morris's Life Sciences and Medical Technologies Industry Group, directing sector strategy, client development, and thought leadership initiatives nationally. His industry focus covers biotechnology, pharmaceutical, and medical technology transactions, including clinical-stage acquisitions, IP-driven deals, and FDA-regulated company financings.

Mr. Ugarte received his J.D. from Georgetown University Law Center and his B.A. cum laude from the University of Florida.

Representative Matters

    Mergers and Acquisitions

  • Served as lead counsel in the sale of all assets of Scientific Air Management LLC, a hospital equipment supplier.
  • Represented a national workers' compensation cost-containment company in its strategic acquisition of a healthcare quality and efficiency analytics firm, including structuring, regulatory, and integration counsel.
  • Advised a Taiwan-based medical device manufacturer on its acquisition of a U.S. medical device product line — a cross-border transaction requiring coordination of U.S. securities, FDA regulatory, and international acquisition considerations.

  • Represented a publicly traded life sciences company in connection with the purchase of assets owned by a Canadian corporation.

  • Counseled publicly traded financial services company in connection with a reverse triangular merger which resulted in the realization of significant wealth by the majority shareholders.

  • Represented a publicly traded biopharmaceutical company in connection with the acquisition of a Phase 3 clinical trial-ready drug candidate and all related assets, including the intellectual property and rights to develop and commercialize the drug product.

  • Represented a publicly traded internet-based weight-loss company in connection with its merger with a provider of interactive private-label nutrition, fitness and wellness programs.

  • Represented Roundwood Capital, LLC as lead counsel in the $21 million sale of all assets of Rite-Air Mechanical Acquisition Company, LLC.

  • Advised the former CEO of Keller Williams Realty in the divestiture of ownership interests in three franchise entities.

    • Capital Markets, Private Equity and Venture Capital Transactions

  • Represented EyeMD EMR Healthcare Systems, Inc. in a significant majority growth equity investment by Performant Capital — a transaction structured as an F-reorganization with a 30% management rollover component and profits interest arrangement, requiring sophisticated tax, governance, and securities structuring.
  • Led a team of corporate, tax and real estate attorneys in connection with Lacofin Establishment’s $15 million investment in a newly formed partnership seeking to purchase an island in the Caribbean and build five star resort, single family homes, condos and deep water marina for yachts.
  • Advised on the formation, structuring, financing, and investment strategy of four real estate development funds managed by Black Salmon Capital.
  • Represented a Florida-based consumer products company in $340 million of aggregate registered public securities offerings, comprising a $150 million debt offering, a $150 million universal shelf registration statement, and a $40 million secondary equity offering.
  • Counseled a privately held pharmaceutical technology company in $35 million in private offerings of partnership interests.
  • Represented a foreign private issuer in a $43 million public follow-on offering of ordinary shares.
  • Advised a publicly traded biopharmaceutical company in registered direct offerings exceeding $20 million involving institutional investors.
  • Closed multiple technology-sector transactions—including venture financings, strategic alliances, licensing, development, and supply arrangements—totaling more than $500 million over five years.
  • Represented life sciences, medical device, software, and biometric technology companies in financings ranging from $50 million to over $100 million.

  • Advised a privately-held software development company in connection with several venture capital financings in excess of $50 million.

  • Counseled a privately-held orthopedic medical device manufacturer in connection with private financings in excess of $60 million.

  • Represented a privately-held biometric fingerprint sensor designer and manufacturer in connection with private financings in excess of $80 million.

  • Represented an electronic health records/patient care management company in connection with a $500,000 investment by an angel group based in Orlando, Florida.

    • SEC Compliance and Corporate Governance

  • Represented Soligenix, Inc. in connection with its appeal of a delisting determination by Nasdaq Stock Market LLC for failure to comply with Nasdaq Listing Rule 5450(a)(1) (requiring common stock to maintain a minimum closing bid price of $1 for 30 consecutive trading days) and Nasdaq Listing Rule 5550(b)(1) (requiring a minimum of $2.5 million in stockholders’ equity or meet the alternatives of market value of listed securities or net income from continuing operations). Defended a plan of compliance which included the approval of a reverse stock split of Soligenix’s common stock to increase the stock price well above $1 per share and the dividend of super-voting preferred stock that mirrored the actual vote of common stock in order to overcome shareholder apathy and insure approval of the reverse stock split by Soligenix’s stockholders.

Admissions

  • Florida

Experience

  • Duane Morris LLP
    - Partner (2016-present)
    - Associate (2013-2015)

  • Edwards Wildman Palmer LLP (now Troutman Pepper Locke LLP)
    - Associate (2005-2013)

  • Broad and Cassel, P.A. (now Nelson Mullins Riley & Scarborough LLP)
    - Associate (2003-2005)

  • U.S. Court of Appeals for the Fifth Circuit
    - Judicial Law Clerk (2002-2003)

Education

  • Georgetown University Law Center, J.D., 2002
  • University of Florida, B.A., cum laude, 1999

Professional Activities

  • The Florida Bar
  • Hispanic Chamber of Commerce of Palm Beach County

  • BioFlorida

  • Association for Corporate Growth

Civic and Charitable Activities

  • Palm Beach County School Board
    - Member, Independent Sales-Surtax Oversight Committee, 2005-2016

Honors and Awards

  • Recipient, Lexology / International Law Office Client Choice Award – General Corporate (Florida), 2017 (a peer and client nomination award)
  • Recognized as a “Young Attorney on the Rise” by the Daily Business Review
  • Named a “Legal Elite Up & Comer” by Florida Trend (2013, 2016)
  • Selected to the “Florida Rising Stars” list by Super Lawyers (2010)

Selected Publications

Media Hits

Selected Speaking Engagements

  • Presenter, “2025 Legal Hot Issues: Navigating the New Administration and Emerging Corporate Compliance Priorities” (including Corporate Transparency Act and anticipated regulatory shifts), Global Ventures Lunch and Learn, Research Park at Florida Atlantic University, December 19, 2024

  • Speaker, "Wealth Preservation: Are Your Assets Properly Protected From Creditors?" Duane Morris Doing Business in South Florida Roundtable Series, August 14, 2019

  • Moderator, "The Role of Private Equity and Venture Capital in Seeding the Future: Challenge and Opportunity in Early Stage Impact Investing,” Opal Group's Impact Investment Forum, West Palm Beach, Florida, April 1-3, 2019

  • Panelist, "Meet the Angels," FAU Tech Runway, Boca Raton, March 29, 2019

  • Panelist, "Business Succession Planning," The Owner's Journey, FAU Tech Runway, February 2019