Fenwick & West LLP represented Sunnyvale, CA-based Asthmatx, Inc., developer of a catheter-based outpatient procedure that provides long lasting and improved asthma control for adult severe asthma patients, in its recently announced acquisition by Boston Scientific Corporation (NYSE: BSX). The agreement calls for an upfront payment of $193.5 million and additional payments of up to $250 million contingent upon achievement of specified revenue-based criteria through 2019. Closing of the transaction is subject to customary conditions and is expected to be completed in the fourth quarter.
The Fenwick & West transaction team included corporate attorneys Barry Kramer, David Michaels, Michael Patrick, Alan Smith, Kee Kim and Adam Jacobwitz; executive compensation and employee benefits attorneys Scott Spector, Blake Martell, John Ludlum and Nicholas Frey; technology transactions attorney Roger Tolbert; and tax attorneys Michael Solomon, Ron Schrotenboer and William Skinner.
Fenwick & West provides comprehensive legal services to technology and life sciences clients of national and international prominence. The firm is ranked by Bloomberg as one of the top 10 M&A legal advisors in the U.S., and by Thomson Reuters as one of the Top 5 most active U.S. M&A legal advisors based on deals valued at up to $500 million—for First Half 2010.