Brian Boonstra

Brian Boonstra

Partner

P: 303.892.7348

F: 303.893.1379

Location

Denver

Assistant

Susanne Joslin

P: 303.892.7593

Admitted In

  • Colorado
Boonstra, Brian

Brian Boonstra is a partner in the firm’s Finance & Acquisitions Department.  His practice focuses on mergers and acquisitions, financings, and public securities offerings in a broad range of industries including energy, mining, financial services, health care, and technology. Mr. Boonstra also counsels public companies, including several non-U.S. issuers, on securities compliance and disclosure issues, including executive compensation and corporate governance matters.  Mr. Boonstra has an undergraduate degree in accounting, which enables him to better understand the complex financial and accounting issues facing his clients.

Mergers and Acquisitions

Mr. Boonstra represents private equity funds and public and private companies with negotiating, structuring, and completing mergers, acquisitions, dispositions, and recapitalizations of all types.  He has particular experience in the energy and mining industries, having completed numerous transactions involving assets and operations both in the U.S. and overseas.

Financing and Securities

Mr. Boonstra advises public and private companies with capital raising and financing transactions, including public offerings, PIPEs, private placements, and senior and subordinated debt financings. 

Mr. Boonstra has significant experience representing clients in international capital raising transactions. He regularly counsels domestic clients who are listed on non-U.S. securities exchanges and serves as U.S. counsel on offerings occurring outside of the U.S.  He has advised numerous Canadian issuers with private and public capital raising transactions in the U.S.

Education and Awards

University of Colorado, J.D., Order of the Coif, 2002
Calvin College, B.S., 1998

Mr. Boonstra graduated from the University of Colorado School of Law and earned the Order of the Coif, an honor accorded to graduates ranking in the top 10 percent of the class.  Following graduation, he served as a law clerk to Justice Nancy Rice of the Colorado Supreme Court.

Mr. Boonstra was selected for inclusion in the 2013 Colorado Rising Stars list by Thomson Reuters and was named a 2013 “Leader in Their Field” in the area of Corporate/M&A by Chambers USA. Mr. Boonstra serves on the advisory board of ACE Scholarships, a Colorado non-profit focused on low-income scholarships and school choice programs.

Representative M&A Transactions

  • Represented Forest Oil Corporation in connection with its approximately $1.0 billion sale of oil and gas assets located in the Texas Panhandle region to a private equity backed buyer (2013)
  • Represented a large Denver-based independent energy company in its approximately $350 million acquisition of operating oil and gas assets in the Permian basin from a private seller (2013)
  • Represented a Texas-based owner of wastewater disposal wells in its sale to a publicly-traded buyer for an excess of $100 million (2013)   
  • Represented Policy Studies Inc., a government health and human services provider, in connection with its $67 million sale to MAXIMUS Inc. (2012) 
  • Represented a publicly traded coal mining company in connection with its approximately $200 million acquisition of an operating coal mine in Wyoming (2012)
  • Represented Gary-Williams Energy Corporation, an independent refining company with more than 70,000 barrels per day of processing capacity, in a $600 million sale of the company to CVR Energy, Inc. (NYSE:CVI), in an all-cash transaction (2011)
  • Represented Golden Minerals Company in a $350 million stock and cash “merger of equals” with ECU Silver Mining Inc. (TSX: ECU), a silver mining company with operations in the Velardeña mining district in Mexico (2011)
May 2014

Chambers USA Ranks DGS at the Top Corporate/M&A and Natural Resources & Environment Practices

The 2014 edition of the Chambers USA ranked Davis Graham & Stubbs LLP first in Colorado in the areas of Corporate/M&A and Natural Resources & Environment. Chambers USA also recognized DGS for its strong Labor & Employment and Commercial Litigation practices.

January 2014

DGS Public Company Update

Please join DGS; Julie Lutz, SEC Regional Director; John Walsh, U.S. Attorney for the District of Colorado; Rebecca Franciscus, SEC Attorney Advisor; and your public company peers for our 8th annual event. Topics will include securities and other enforcement trends affecting public companies, an update on securities offering reform, and preparing for the 2014 proxy season.

July 2013

SEC Approves General Solicitation and Advertising for Accredited Investor-Only Securities Offerings: Excludes

On July 10, 2013, the U.S. Securities and Exchange Commission ("SEC") fulfilled its Congressional mandate by adopting new rules that will dramatically affect the landscape for unregistered securities offerings in the United States. These new rules authorize the use of general advertising and general solicitation methods in accredited investor-only offerings under the newly amended Rule 506. Historically, securities offerings that were not registered with the SEC were uniformly described as "private offerings," because that was their common identifying feature – the securities could not be publicly offered. With the adoption of new Rule 506(c), that common understanding has been eliminated.

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January 2009

New Partners Announced at Davis Graham & Stubbs: Selection Reflects Corporate Finance, Complex Litigation Focus

Davis Graham & Stubbs LLP today announced the election of four new partners, effective Jan. 1, 2009.  The group includes a tax attorney, two corporate attorneys and a business litigator. 

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September 2006

Davis Graham & Stubbs Handles $225 Million Strategic Alliance for Apex Silver Mines

Davis Graham & Stubbs LLP has advised Apex Silver Mines Limited (AMEX: SIL), a mining exploration and development company, in a $225 million strategic alliance with Sumitomo Corporation, a diversified international company whose business operations include major interests in mining. Under the agreement, Sumitomo acquired a 35% participating interest in Apex Silver’s San Cristobal open-pit silver-zinc-lead project located in southwestern Bolivia and an option to earn a 35% share of additional Apex Silver exploration projects in Peru, Mexico, Argentina and Bolivia.

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SEC Adopts New Rules Governing Executive and Director Compensation Disclosure and Other Matters

On August 11, 2006, the Securities and Exchange Commission (“SEC”) published final rules that significantly change existing disclosure requirements for public companies (including small business issuers) regarding executive and director compensation.  The new rules also amend disclosure requirements for related party transactions, director independence, certain corporate governance matters and security ownership by officers and directors.

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