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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

start quote symbolI'm a transactional lawyer, but my relationships with clients are not merely transactional. They're deeper, more strategic. We are true teammates.end quote symbol
Milam Foster Newby

Milam Newby is the co-managing partner of the Austin office, where he advises on and leads transactions in an array of industries, including technology, financial services, manufacturing, life sciences, chemicals, transportation and energy.

Over the last decade, Milam has developed a particular emphasis on representing investors and startups in private financing transactions. He advises venture capital firms and private equity funds of all sizes, from small, nascent funds to large investment pools managed by preeminent firms. Milam also guides emerging companies from early stage financing to lucrative exits through mergers and acquisitions or public offerings. His other transactional experience includes management buyouts, debt financing, joint ventures and strategic alliances, among other business transactional matters.

In addition to his transactional work, Milam advises clients such as Fortune 500 companies on day-to-day matters related to organization, capital structure, stock incentives, governance, litigation risk management, securities law compliance, and disclosure. He also enjoys the challenges of structuring unique transactions, such as helping the University of Texas forge a partnership with ESPN to create a new television station.

Milam takes a collaborative approach with all his clients, offering them comprehensive advice on the issues they face and working closely with them to achieve efficient, commercial solutions. He is proud of his ongoing relationships with clients and committed to being an integral part of their team as they pursue new avenues for success.

Experience Highlights

  • Rebellion Photonics, a provider of intelligent, visual gas monitoring solutions, in its acquisition by Honeywell

  • Kibo, a leader in cloud commerce solutions and a Vista Equity Partners portfolio company, in its acquisition of Certona, a provider of real-time, AI-driven omnichannel personalization software solutions

  • PayLease, a leading PropTech provider for property managers and community associations and a Vista Equity Partners portfolio company, in its acquisition of Zego, maker of a smart home hub for apartment living

  • Vida Capital, a multi-billion dollar alternative asset manager specializing in insurance-linked strategies, in its acquisition by Redbird Capital and Reverence Capital Partners

  • AV Capital in its acquisition of American Insulated Glass, a custom fabricator and distributor of glass products

  • USA Compression Partners in its acquisition of Energy Transfer Partners’ compression business in a transaction valued at approximately $1.8 billion

  • 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. 

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

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

  • 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

  • Management of Mailgun Technologies in the acquisition of Mailgun, a provider of email infrastructure software, by Thoma Bravo

  • Kibo, a leader in cloud commerce solutions and a Vista Equity Partners portfolio company, in its acquisition of Monetate, a leader in personalization software for consumer-facing brands

  • Xactly, a Vista Equity Partners portfolio company, in its acquisition of OpsPanda, a SaaS company specializing in sales resource planning solutions

  • 7Park Data, a Vista Equity Partners portfolio company, in its acquisition of Real Factors, maker of a data analytics platform for commercial real estate investment professionals

  • 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

  • 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; Corporate/M&A (Austin), 2020
  • 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, 2019–2021
  • 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)