Ellipse Technologies Advised in its Acquisition by NuVasive

NuVasive will acquire Ellipse for a $380 million upfront cash payment and a potential $30 million milestone.

January 6, 2016

NuVasive, Inc. (NASDAQ: NUVA), a leading medical device company focused on transforming spine surgery with minimally disruptive, procedurally-integrated solutions, and Ellipse Technologies, Inc., a privately held medical technology company focused on revolutionizing procedural solutions for complex skeletal deformity, have announced that the Boards of Directors of both California-based companies have approved a definitive agreement under which NuVasive will acquire Ellipse for a $380 million upfront cash payment and a potential $30 million milestone payable in 2017 related to the achievement of specific revenue targets. The transaction is expected to close by the end of February 2016, subject to customary closing conditions and regulatory approvals. 

Latham & Watkins LLP represents Ellipse Technologies in the transaction with a corporate team led from the firm’s San Diego office by partners Cheston Larson and Michael Sullivan, with associates Anthony Gostanian and Max Kamer. Advice has also been provided on tax matters by partner Laurence Stein and counsel Eric Cho in Los Angeles; on intellectual property matters by partner Steven Chinowsky and counsel Darryl Steensma in San Diego; on regulatory matters by partners Ben Haas and Stuart Kurlander in Washington, D.C., partner Héctor Armengod in Brussels, and associates Elizabeth Richards and Michael Dreyfuss in Washington, D.C.; on benefits and compensation matters by counsel Holly Bauer in San Diego and associate Ashley Wagner in Silicon Valley; and on environmental matters by partner Marc Campopiano in Orange County.  

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