David I. Schultz
is a partner in O’Melveny’s New York office and a member of the Mergers & Acquisitions Practice. David has broad transactional experience representing both public and private companies and financial sponsors in connection with:
- Advising institutional investors, private funds, boards of directors, special committees of boards of directors, investment banks, other principals and financial advisors with respect to proxy contests and corporate governance, stockholder and debt holder rights matters.
- Mergers and acquisitions, including acquisitions of distressed or undervalued companies in a wide array of industries, such as biotechnology, education, entertainment, industrial, manufacturing, retail and telecommunications.
- Governance matters and the fiduciary duties of officers and directors to corporations and their boards, securities reporting and compliance, joint ventures and strategic relationships, for start-up, middle market and Fortune 500 companies and their significant investors.
- Numerous private venture capital financings in various industries, including retail, telecommunications, advertising, education and security systems.
Illustrative Professional Experience
- Representation of Microsemi Corporation in its US$300 million acquisition of Symmetricom, Inc. via an all-cash tender offer
- Representation of MakerBot Industries in its US$600 million merger with Stratasys, Inc.
- Representation of Precision Castparts in its US$2.9 billion acquisition of Titanium Metals via an all-cash tender offer
- Representation of the second largest shareholder of Lions Gate Entertainment Corp, in a high-profile contest for corporate control of Lion’s Gate involving Carl Icahn and his related funds
- Representation of Avenue Capital in its contest for change in management control of Ambow Education
- Representation of Tix Corporation in connection with negotiated resolution of contest for corporate control with significant stockholder
- Representation of MHR Fund Management in its investments in Navistar International Corporation, Leap Wireless International, Loral Space & Communications, Emisphere Technologies and other public and private companies
- Representation of Och-Ziff Capital Management and Farallon Capital Management in connection with its acquisition of Solidus Networks, a biometric-authenticated personalized marketing and payment services provider
- Representation of Jacobson Partners in its acquisition of the North American forging operations of Metaldyne Corporation
- Representation of Jacobson Partners in its sale of the Taco Bueno restaurant chain
New York State Bar AssociationCo-Author,
"Minority Investments in Public Companies: Selected Considerations for the Private Investor," The M&A Lawyer
, January 2011 (with co-author Doron Lipshitz); "Frame of Reference," Private Equity Manager
, December 14, 2009 (with co-author Doron Lipshitz); "A Cautionary Tale," The Deal
, August 3, 2009 (with co-authors Doron Lipshitz and Spencer Klein); "Business is Business: Determining Proper Matters for Annual Meetings," The M&A Lawyer
, May 2009 (with co-author Doron Lipshitz); "A House Conflicted," The M&A Lawyer
, June 2008, and The Deal
, March 20, 2008 (with co-author Doron Lipshitz); "Lies, Damn Lies and M&A Fraud," The Corporate Counselor
, August 2006 and Deallawyer.com
, May 24, 2006; "Of Mice and Men: The Business Judgment Rule After The Disney Decision," The Corporate Compliance & Regulatory Newsletter
, January and February 2006.