David S. Rosenthal
Partner | New York
David S. Rosenthal

Domestic IPOs, Follow-On Offerings/Confidentially Marketed Public Offerings (CMPOs) and Private Placements

  • Aquestive Therapeutics, a specialty pharmaceutical company focused on identifying, developing and commercializing differentiated products to address unmet medical needs, in its US$75 million CMPO.
  • vTv Therapeutics, a clinical-stage biopharmaceutical company focused on developing oral small molecule drug candidates, on its US$51 million PIPE.
  • Aquestive Therapeutics, Inc. in its US$67.5 million initial public offering and its follow-on offerings.
  • Edge Therapeutics, a U.S.-based biotechnology company, on its US$92.5 million initial public offering, its US$72.5 million Series C-1 and C-2 financings and its follow-on registered direct offering.
  • Egalet Ltd., a U.S. pharmaceutical company formerly organized in the UK, on its US$57.96 million initial public offering and listing on NASDAQ and its subsequent US$61 million institutional private placement offering of convertible notes, US$80 million institutional private placement of senior secured notes and its US$86 million follow-on offering.
  • Femasys Inc., a clinical-stage medical device company, in its initial public offering.
  • Underwriters led by Stifel Nicolaus Weisel, Leerink Swann and Cowen and Company in the initial public offering of Cempra, Inc., a clinical-stage pharmaceutical company. Subsequently advised the underwriters led by Barclays Capital, Stifel Nicolaus and Cowen and Company in a US$54.2 million follow-on public offering by Cempra, Inc.
  • Diffusion Pharmaceuticals, a clinical-stage biotechnology company focused on the development of novel small molecule therapeutics for cancer, in connection with its multiple public and private offering transactions.
  • Barclays Capital as sole book-running manager and Wedbush Securities Inc. and Griffin Securities as co-managers in the US$45.1 million public offering by Fibrocell Science, Inc., an autologous cell therapy company focused on the development of innovative products for aesthetic, medical and scientific applications.
  • Bioscrip, Inc., a leading national provider of home infusion and other home healthcare services, in its US$118 million public offering of common stock and the US$95 million secondary public offering of common stock by certain selling stockholders.
  • Underwriters in three follow-on public offerings by Idera Pharmaceuticals, Inc., a clinical-stage biopharmaceutical company.
  • Underwriters in multiple CMPO and At-The-Market offerings by Inovio Pharmaceuticals, Inc., a clinical stage company developing active DNA immunotherapies and vaccines focused on treating and preventing cancers and infectious diseases.
  • Underwriters in the US$40 million public offering by Recro Pharma, Inc., a U.S.-based revenue-generating, specialty pharmaceutical company primarily focused on developing innovative products for hospitals and ambulatory care settings.
  • Underwriters in the US$29.9 million public offering by Sophiris Bio Inc., a U.S.-based clinical-stage biopharmaceutical company focused on developing products for the treatment of urological diseases.
  • Underwriters in multiple public offerings by AVEO Pharmaceuticals, Inc., a U.S.-based biopharmaceutical company dedicated to advancing a broad portfolio of targeted therapeutics for oncology and other areas of unmet medical need.

Cross-Border IPOs and Follow-On Offerings/Confidentially Marketed Public Offerings (CMPOs)

  • VIA optronics AG, a leading supplier of enhanced display solutions, in its US$93.75 million cross-border initial public offering and listing on the NYSE.
  • Underwriters, led by Citi and Jefferies as joint book-running managers, in connection with the US$75 million cross-border initial public offering and listing on NASDAQ by Advanced Accelerator Applications SA, a French radiopharmaceutical company.
  • voxeljet AG, a leading German provider of high-speed, large-format 3D printers and on-demand parts services, in its US$97.2 million cross-border initial public offering and listing on the NYSE.
  • Kofax® Limited, a leading provider of smart process applications, on its migration by way of scheme of arrangement to Bermuda, initial public offering in the U.S. and dual NASDAQ and LSE listing.
  • Novadaq Technologies, Inc., a Canadian-based medical device company, in its U.S. initial public offering and its two subsequent public offerings of common shares in “bought deals”.
  • Underwriters, including Piper Jaffray and Wedbush PacGrow Life Sciences, as joint book-running managers in the U.S., along with Paradigm Capital Inc., as co-manager in the U.S. and book-running manager in Canada, in connection with the US$32 million public offering of common stock by Oncolytics Biotech Inc., a Canada-based biotechnology company.
  • Underwriters, led by JMP Securities LLC, in the US$28.7 million public offering by BioLineRx Ltd., an Israel-based clinical-stage biopharmaceutical company focused on oncology and immunology.

M&A Transactions

  • Chiesi Farmaceutici S.p.A., an international, research-focused biopharmaceuticals group, in its definitive agreement to acquire global, commercial-stage biopharmaceutical company Amryt Pharma Plc in an all-cash transaction valued at US$1.48 billion.
  • Cerus Endovascular Ltd., a privately held, commercial-stage medical device company, in its sale to Stryker Corporation, one of the world’s leading medical technology companies, by way of a scheme of arrangement under Part 26 of the United Kingdom Companies Act 2006.
  • Diffusion Pharmaceuticals Inc. (NASDAQ: DFFN) in connection with a proposed merger with clinical-stage biotechnology company EIP Pharma Inc. (to be renamed “CervoMed”).
  • Edge Therapeutics (NASDAQ: EDGE), a U.S.-based biotechnology company, in connection with its merger with PDS Biotechnology Corporation, a privately-held, clinical-stage cancer immunotherapy company.
  • Zyla Life Sciences in its merger with Assertio Therapeutics, Inc.
  • Egalet Corporation (OTCQX: EGLT), a fully integrated specialty pharmaceutical company focused on developing, manufacturing and marketing innovative treatments for pain, in its debt restructuring and pending acquisition of four FDA-approved, non-narcotic pain products from Iroko Pharmaceuticals, Inc. 
  • Aviragen Therapeutics, Inc. (formerly NASDAQ:AVIR), a biopharmaceutical company that had been focused on the discovery and development of products to prevent and treat infectious diseases, in its merger with Vaxart, Inc. (NASDAQ:VXRT).
  • Inhibitex, Inc., a clinical-stage biopharmaceutical company, in its sale to Bristol-Myers Squibb for US$2.5 billion. Mr. Rosenthal had previously represented Inhibitex for approximately ten years, including, in connection with various venture capital investments, its initial public offering, three PIPE transactions and its ATM financing.
  • Orexo AB, an emerging specialty pharma company based in Sweden, in connection with its sale of Abstral® (fentanyl) Sublingual Tablets in the United States to U.S.-based Galena Biopharma, Inc.
  • Diffusion Pharmaceuticals LLC (NASDAQ: DFFN), a clinical-stage biotechnology company focused on the development of novel small molecule therapeutics for cancer, in its reverse merger with public company, RestorGenex Corporation.
  • MTS Securities, Inc. as financial advisor in several M&A transactions. 
  • Investment Opportunities to Watch in Biotech —Dechert LLP, New York, NY (July 13, 2016)
  • Capital Raising Strategies in the US for French Companies — Dechert LLP, Paris, France (July 07, 2016)
  • Is the Swim Worth It? Weighing Cross-Border Listings — Dechert LLP, New York, NY (May 21, 2013)
  • The JOBS Act and Impact on the Middle Market — A Presentation to the Taiwanese Delegation, New York, NY (June 13, 2012) 
  • Where's the Money Going? Trends in Venture Capital Financing — New York Biotechnology Association 2006 Annual Meeting, New York, NY (April 18, 2006) 
Services Industries
    • Wesleyan University, B.A., cum laude
    • Boston University School of Law, J.D., cum laude
    • New York
    • New Jersey