White & Case
  Colin J. Diamond
Partner
New York

T: + 1 212 819 8754
F: + 1 212 819 8200
E:
Practice Experience
Colin Diamond is a partner concentrating on securities transactions, public mergers and acquisitions and general corporate representations.

Mr. Diamond has significant experience in connection with registered equity offerings, convertible and high yield bond offerings and ADR programs. He has worked on a large number of IPOs, including the IPO of Visa Inc., the largest IPO in US history. Mr. Diamond's work also includes counseling the boards and audit committees of public companies on disclosure issues, corporate governance practices and Sarbanes-Oxley compliance. In addition, he represents publicly traded companies in complying with their obligations under the US securities laws, including preparation of annual, quarterly and periodic reports, proxy statements and SEC no-action letters on a variety of topics.

Mr. Diamond also has significant experience in the securities law aspects of Chapter 11 reorganizations. Examples include the Chapter 11 reorganizations by Six Flags, Inc., Visteon Corporation, Mirant Corporation and WCI Communities, Inc. and representation of an ad-hoc committee of bondholders in the reorganization of Washington Mutual, Inc.

Recent representations include:
  • Representation of Deutsche Bank and Piper Jaffray, as joint bookrunning managers, in the proposed IPO and listing of a Del Frisco’s Restaurant Group, Inc.
  • Representation of Avast Software B.V. in connection with its proposed US IPO and listing. UBS and Deutsche Bank are the joint bookrunning managers.
  • Representation of Oppenheimer and FBR, as joint bookrunning managers, in the US$68 million IPO and listing on the New York Stock Exchange, of GSE Holdings, Inc., a provider of geosynthetic containment solutions.
  • Representation of the Citi and Deutsche Bank, as joint bookrunning managers, in the US$88 million IPO and listing on the New York Stock Exchange of Gazit-Globe Ltd., an Israeli public company that owns and operates supermarket-anchored shopping centers in Brazil, Canada, Central and Eastern Europe, the Nordics and the United States.
  • Representation of Jefferies & Company, Inc., as sole bookrunning manager, in connection with a US$52.98 million offering of common stock of Caribou Coffee Company, Inc. by an affiliate of Arcapita Bank B.S.C.(c).
  • Representation of J.P. Morgan and Deutsche Bank, as joint bookrunning managers, in the US$125 million IPO and listing on Nasdaq of SodaStream International Ltd., a leading global manufacturer of home beverage carbonation systems.
  • Representation of J.P. Morgan and Deutsche Bank, as joint bookrunning managers, in the US$57.5 million IPO and listing on Nasdaq of MediaMind Technologies Inc, a global provider of digital advertising campaign management solutions to advertising agencies and advertisers.
  • Representation of Morgan Stanley and The Bank of Tokyo-Mitsubishi on the financing of CF Industries Holdings Inc.'s US$4.7 billion acquisition of Terra Industries Inc. The transactions consisted of US$2.5 billion of senior secured first lien credit facilities and US$1.75 billion of second lien bridge financing, which was partially repaid through a US$1.15 billion common stock offering and US$1.6 billion offering of senior unsecured notes in two parts: US$800 million of eight-year notes priced to yield 6.875 percent and US$800 million of ten-year notes priced to yield 7.125 percent.
  • Representation of Barclays Capital and Deutsche Bank, as joint bookrunning managers, in connection with the proposed IPO and listing on Nasdaq by Wintegra, Inc. Wintegra was acquired by PMC-Sierra before completion of its IPO.
  • Representation of RW Baird and Oppenheimer, as joint bookrunning managers, in connection with the US$50 million IPO and listing on NASDAQ of Addus HomeCare Corporation.
  • Representation of JPMorgan, as sole bookrunning manager, in connection with a US$48.6 million offering of common stock by Petroleum Development Corporation, a US independent oil and gas producer.
  • Representation of Calpine Corporation, the largest independent power generator in the United States, in connection with two secondary offerings of common stock by Harbinger Capital Partners for aggregate proceeds of US$386 million.
  • Representation of Visa Inc. in connection with its US$19.3 billion IPO and listing on the NYSE. The IPO was the largest in US history.
  • Representation of Deutsche Bank as backstop purchaser in a US$193 million rights offering by Hayes-Lemmerz International, Inc., a Michigan-based auto parts manufacturer.
  • Representation of Voltaire Ltd., a grid computing company, in connection with its IPO and listing on NASDAQ. JPMorgan and Merrill Lynch acted as joint bookrunning managers.
  • Representation of Merrill Lynch, as sole bookrunning manager, in connection with the US$240 million IPO and listing on NASDAQ of TomoTherapy, Inc., a Madison, WI-based medical device manufacturer. Subsequently represented Merrill Lynch, as sole bookrunning manager, in a US$190 million secondary offering by selling shareholders.
  • Representation of Allot Communications Ltd., a developer of deep packet inspection technology for broadband networks, in connection with its US$70 million IPO and listing on NASDAQ. Lehman Brothers was sole bookrunning manager.
  • Representation of semiconductor company, Saifun Semiconductors, Ltd., in its US$135 million IPO and listing on NASDAQ and subsequent US$140 million secondary offering. Lehman Brothers was the sole bookrunning manager.
  • Representation of golf equipment retailer, Golfsmith International Holdings, Inc., in connection with its US$61 million IPO and listing on NASDAQ. Merrill Lynch and JP Morgan were joint bookrunning managers.
  • Representation of iPayment, Inc., a Tennessee-based credit card processing company with its US$90 million initial public offering and listing on NASDAQ and in its subsequent US$800 million going-private transaction.
  • Representation of Lehman Brothers and Merrill Lynch in connection with a US$125 million convertible bond offering by AudioCodes Ltd., a voice-over-packet technology company.
  • Representation of Citigroup in connection with a US$600 million high yield offering by Advanced Micro Devices, Inc., a semiconductor manufacturer.
  • Representation of medical device company, Given Imaging Ltd., in connection with its US$60 million IPO and listing on NASDAQ. Lehman Brothers acted as sole bookrunning manager. Subsequently represented Given Imaging in its US$90 million SEC-registered secondary offering. Merrill Lynch and Citigroup acted as joint bookrunning managers.
  • Representation of Citigroup in connection with a US$80 million IPO and listing on NASDAQ by PowerDsine Ltd., a power-over-Ethernet company.
  • Representation of Hydrogenics Corporation, a Canadian hydrogen fuel company, in connection with its US$80 million follow-on offering on NASDAQ and the Toronto Stock Exchange.

Bars and Courts
New York State Bar

Education
LLM, New York University School of Law, 1999
BA, Pembroke College, University of Cambridge, 1995

Publications
Co-author, "Selected Issues in Equity Compensation," Ninth Edition, 2012
Author, "Rights Offerings as a Means of Financing Exits from Chapter 11," American Bankruptcy Institute Law Review, Volume 18, No. 2, Winter 2010
Co-author, "Explanation and Practical Tips Regarding the SEC’s New Proxy Access Regime," The M&A Lawyer, October 2010
Co-author, "The SEC's Proposed Rules on Shareholder Proxy Access: Analysis and Commentary," Bloomberg Compliance & Risk Reporter, August 2009
Author, "Parsing the 'Shareholder Bill of Rights Act of 2009'," Corporate Governance Advisor, July/August 2009
Co-author, "New Media and Retail Shareholder Participation," Bloomberg Law Reports, Corporate Law, April 2009
Co-author, "A Perspective on 'Say-on-Pay'," Bloomberg Law Reports, Risk & Compliance, February 2009
Co-Author, "Bailing Out Underwater Options," Insights—Corporate and Securities Law Advisor, December 2008
Co-author, "Who is Overseeing the Proxy Advisors?," Bloomberg Corporate Law Journal, Fall 2008
Author, "SEC Proposes Rules to Mandate the Use of XBRL for Securities Act and Exchange Act Filings," Wall Street Lawyer, August 2008
Author, "Self-Executing Exemptions from Registration for Compensatory Stock Option: New SEC Rules," Corporate and Financial Securities Law Report, January/February 2008
Co-author, "Nasdaq's Exemption for Foreign Issuers: A Race to the Top or the Bottom?," Bloomberg Law Reports, May 2005
Co-author, "Serving Two Masters," Legal Week Global, June 18, 2002

Languages
English
Hebrew

Citizenship
British
Israel