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Milam Foster Newby
Milam Foster Newby
Partner — Mergers & Acquisitions and Venture Capital
Partner — Mergers & Acquisitions and Venture Capital

Milam Foster Newby

Milam Foster Newby
Austin

2801 Via Fortuna
Suite 100
Austin, TX 78746

Milam Foster Newby

Milam is a corporate attorney who represents clients including start-ups, Fortune 500 companies, venture capital firms, and other private and public equity investors in private financing transactions, private and public securities offerings, mergers and acquisitions, management buyouts, debt financing, joint ventures and strategic alliances, and other business transactional matters.

Over the last 10 years, he has developed a particular emphasis on representing emerging companies and investors in private financing transactions—guiding them throughout the entire financing process, from startup to exit. Milam also advises public and private companies on issues related to organization, capital structure, stock incentives, governance, litigation risk management, securities law compliance, and disclosure. He has led transactions across a variety of industries, including technology, life sciences, energy, and financial services. Milam is the Managing Partner of Vinson & Elkins’ Austin office.

Experience Highlights

  • Plant Automation Services in a $40 million growth investment in the company by Tinicum Partners  

  • Athlaction Holdings, a Vista Equity Partners portfolio company, in the sale of Lanyon Solutions, a provider of cloud-based enterprise event management technology solutions, to Cvent in connection with Vista’s take-private acquisition of Cvent 

  • Bioo Scientific Corporation in its sale to PerkinElmer, Inc. 

  • M&M Tradition Holdings in the sale of the company, a diversified sheet metal fabricator of HVAC duct pipe and fittings and a portfolio company of Southwest Opportunity Partners, to MiTek Holdings, a Berkshire Hathaway portfolio company

  • Austin Ventures in its acquisition of SAM, Inc., a surveying, mapping and engineering company 

  • Century Payments in the sale of the company, an electronic payment processing company, to a wholly owned subsidiary of WorldPay US

  • Asuragen, an RNA-based therapeutic and diagnostics company providing molecular biology services, in a Series C Preferred Stock financing

  • Tinicum Incorporated in the preferred stock financing of Rebellion Photonics, a developer of imaging cameras to monitor rigs and refineries

  • Cotton Creek Capital and Stoney Point Group in the formation of AirReady, a company focused on aviation maintenance, repair, and overhaul, and the acquisition by AirReady of Broadwing Air Repair

  • Eastern Capital Limited in its investment in Catalina Acquisitions, parent company to Unidos, a financial services provider

  • USA Compression Partners in its $187 million acquisition of compression assets from S&R Compression in exchange for common stock units representing 20% of limited partnership interests in the company

  • University of Texas System in the $300 million formation of the Longhorn Network in collaboration with ESPN, including exclusive rights to televise athletic events and other content, as well as rights to develop and distribute digital content

  • Magnablend Holdings in the sale of the company, a provider of chemical manufacturing, blending, and packaging solutions to industries including energy/oil and gas services, agriculture, water treatment, construction, and industrial cleaning, to Univar

  • Lombardi Software in the $178 million sale of the company, a leader in business process management software, to International Business Machines Corporation

  • NRG Manufacturing in its sale to Ameriforge Group, a forged products subsystems and systems integration manufacturing corporation

  • Southwest Airlines in its $3.4 billion acquisition of AirTran Holdings

Credentials

  • The University of Texas School of Law, J.D. with honors, 2003
  • The University of Texas at Austin, B.A. with honors, 2000
  • Chambers USA, Technology: Corporate and Commercial (Texas), “Up and Coming”, 2014–2016
  • Legal 500 U.S., Technology: Transactions, 2014 and 2018; Venture Capital & Emerging Companies, 2014, 2015, 2018 and 2019
  • Selected to the Texas Rising Stars list, Super Lawyers (Thomson Reuters), 2010–2019
  • The Best Lawyers in America© (BL Rankings, LLC), Corporate Law, 2019 and 2020
  • Member: University of Texas School of Law Alumni Association
  • Executive Committee: Austin Technology Council
  • Trustee: The Contemporary Austin
  • Fellow: Texas Bar Foundation
  • New York
  • Texas
  • “Opening Remarks from the Chair,” Solar Storage Finance Texas, April 10, 2019 (speaker)
  • “ATC Gateway SXSW,” March 9, 2017 (speaker)
  • “Energy Technology Roundtable,” February 23, 2017 (speaker)
  • “NACD – Top Hot Topics for Directors in 2017,” February 17, 2017 (speaker)