David W. Pollak

Partner

David W. Pollak is a partner in Morgan Lewis's Securities and Mergers and Acquisitions Practices. Mr. Pollak's practice focuses on mergers and acquisitions, public and private offerings of securities, and advising clients on matters under the Securities Exchange Act of 1934. Mr. Pollak also has experience representing private equity firms in a wide variety of transactions.

Mr. Pollak is the practice group leader of the New York Business and Finance Practice, the largest business practice in the firm, and he is also the co-leader of the Securities subpractice, within the Business and Finance Practice. Mr. Pollak is a member of the Firm's 18 member Advisory Board and a member of the New York Management Committee. He spent nine years as leader of the Firm's Business and Finance Practice, as well as seven years as a member of the Firm's Compensation Committee.

Mr. Pollak represents clients in a variety of fields, including the financial services, healthcare, technology, sporting goods, biotechnology, information services, investment banking, and printing industries.

Mr. Pollak has served for 17 years as chairman of the Practising Law Institute seminar on "Acquiring or Selling the Privately Held Company," presented annually in New York, Chicago, and San Francisco. He is also an Adjunct Professor at Brooklyn Law School, teaching a third-year course in Negotiating Skills in the context of M&A and securities transactions. Mr. Pollak has also served as an expert witness testifying in the context of M&A and securities law transactions.

Mr. Pollak is admitted to practice in New York.

Recent representative transactions include:

• Representation of Mercury Payment Systems in its sale, for approximately $750 million, to Silver Lake Partners.
• Representation of Prudential Financial in its acquisition of the retirement business of Union Bank of California.
• Representation of Wellspring Capital Management LLC in its acquisition of Susser Holdings, LLC, a Texas-based convenience store retailer, in a leveraged buyout.
• Representation of Baldwin Technology Company, Inc. in its sale to Forsyth Capital Inc.
• Representation of Nash Finch Company in its asset acquisition of Bag 'N Save.
• Representation of Research in Motion in its sale of Newbay Software Limited.
• Representation of OpHedge Inc. in its sale to Citco.
• Representation of Wellspring Capital Management LLC in its sale of JW Aluminum Holdings to Superior Plus Inc.
• Representation of Pitney Bowes, Inc. in its acquisition of IBIS Consulting, Inc.
• Representation of Piper Jaffray, as managing underwriter, in the initial public offering of Common Stock of Tengion Inc.
• Representation of TradingScreen Inc. in connection with its recapitalization, with a substantial investment by Technology Crossover Ventures.
• Representation of Piper Jaffray, as managing underwriter, in the initial public offering of Common Stock of AcelRx.
• Representation of Jefferies & Co. in its follow on offering for AcelRx.
• Representation of JPMorgan Chase, as managing underwriter, in the initial public offering of Common Stock of Paradigm Genetics, Inc.
• Representation of Susser Holdings, Inc. in its issuance of $170 million of 10 5/8% Senior Notes.
• Representation of The Hockey Company in its initial public offering of Common Stock in a cross-border transaction.
• Representation of JP Morgan Chase, as managing underwriter, in the issuance of common stock by Bioenvision.
• Representation of Lazard Freres, as managing underwriter, in the initial public offering of common stock by HemoSense.
• Representation of W.R. Hambrecht, as managing underwriter, in the initial public offering of Common Stock by CryoCor.
• Representation of Wellspring Capital Management LLC in its acquisition of Tube City LLC, a leading outsourcing services provider to the steel industry, in a leveraged buyout.
• Representation of Pitney Bowes, Inc. in its acquisition of PSI Group, Inc.
• Representation of Wellspring Capital Management LLC in its acquisition of Edwin Watts Golf, the second largest golf equipment retailer in the United States, in a leveraged buyout.
• Representation of Wellspring Capital Management LLC in its sale of The Hockey Company to Reebok.
• Representation of Cotelligent Inc., a leading information technology company, in connection with its follow-on offering of Common Stock.
• Representation of Pitney Bowes, Inc. in its acquisition of G3 Worldwide.
• Representation of BMO Capital in a PIPE transaction for securities issued by Aastrom, Inc.
• Representation of Piper Jaffray in a PIPE transaction for securities issued by Tengion Inc.