Diane Holt Frankle is a partner in the Silicon Valley office of Kaye Scholer LLP. Ms. Frankle concentrates her practice in mergers and acquisitions, corporate governance, public company reporting obligations, and antitakeover counseling. She advises clients in a wide variety of mergers, acquisitions and change of control transactions. She also advises boards of directors and board committees on various corporate governance matters, disclosure issues, and internal investigations and related-party transactions. Considered a thought leader in her fields, Diane frequently lectures and writes about M&A and governance issues. The Daily Journal named her one of the 100 top women lawyers in California by in 2012.
Ms. Frankle co-chairs the ABA Delaware Business Law Forum and the ABA Joint Task Force on Governance Issues in Business Combinations. Ms. Frankle is an active member of the ABA M&A Committee and served on the ABA Committee on Corporate Laws from 2005-2011. She was the editor of the ABA’s Model Agreement for the Acquisition of a Public Company (2011), which sold out in 4 weeks after publication. She also served on the State Bar of California Business Law Section Corporations Committee from 1992-1996, was Co-Chair from 1995-1996, and was editor in chief of the State Bar's Guide to California Securities Law Practice.
Ms. Frankle is listed in the Best Lawyers in America, Who's Who's Legal: The International Who's Who of Business Lawyers, Chambers Global Guide, and in San Francisco magazine as one of Northern California's Super Lawyers for her mergers and acquisitions and governance practices. Ms. Frankle received her J.D. magna cum laude from Georgetown University Law Center in 1979. After law school, she served as law clerk to Judge R. Dorsey Watkins, Senior District Judge of the United States District Court for the District of Maryland from 1979 to 1981, and was an associate with the Washington, D.C. firm of Ginsburg Feldman and Bress from 1981-1984.
Diane Frankle’s practice focuses on M&A, corporate governance, public company reporting obligations and antitakeover counseling.
Maxtor Corporation acquisition by Seagate — Represented the target in $1.9B acquisition by its competitor in a concentrating industry. Handled all aspects of the transaction, including representation of Board on fiduciary duties, and negotiation of very target-friendly deal certainty provisions, and antitrust strategy which resulted in no second request.
Special Committee of SMART Modular in acquistion by Silver Lake — Represented Special Committee of target company in $645M public company acquisition involving both private equity firm and founder/Chairman. Negotiated all aspects of transaction, advised Special Committee on process and managed work in Cayman Islands and Brazil.
Special Committee of Alphatec in Acquisition of Scientex — Represented Special Committee in acquisition of a French privately held company owned by Alphatec's controlling stockholder. Managed all aspects of the process including review of the Special Committee's duties, and diligence including review of significant litigation and French legal issues.