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David W. Pollak

Managing Partner

david.pollak@morganlewis.com

New York Phone +1.212.309.6058 Fax +1.212.309.6001

101 Park Ave.//New York, NY 10178-0060//United States

David W. Pollak has more than 30 years of experience as a corporate lawyer. He represents clients in public and private offerings of securities, including initial public offerings, and merger and acquisition transactions. He also advises clients on Securities Exchange Act of 1934 issues. David works closely with life sciences, financial services, technology, information services, and investment banking clients, and represents private equity firms. David serves as the firm’s Managing Partner of Operations, responsible for the firm’s financial performance, and is a member of the firm's Management Committee.

David served as leader of the firm’s business and finance practice for seven years, an elected member of the firm’s Compensation Committee for eight years, and an Advisory Board member for six years. For the last 18 years, he has chaired the Practising Law Institute’s seminar on “Acquiring or Selling the Privately Held Company,” presented annually in New York, Chicago, and San Francisco. He teaches a third-year course in negotiating skills in the context of M&A and securities transactions as an adjunct professor at New York University School of Law. The legal community often calls upon David to testify as an expert witness on M&A and securities law transactions.

selected representations

  • Represented Cambridge Global Payments in its sale, for approximately C$900 million, to Fleetcor.
  • Represented Mercury Payment Systems in its sale, for approximately $750 million, to Silver Lake Partners.
  • Represented Health Net, Inc. in its $6.8 billion cash and stock merger with Centene Corporation.
  • Represented Nash Finch Company in its $1.3 billion merger with Spartan Stores Inc.
  • Represented First Associates Loan Servicing, LLC in connection with its sale to Stone Point Capital LLC and merger with Portfolio Financial Servicing Company.
  • Represented TransNational Payments in its sale for approximately $100 million to Celero Commerce.
  • Represented SpotOn Transact, Inc. in its Series A through C Preferred Stock financings.
  • Represented Cowen Group, Inc., as managing underwriter in connection with its underwriting of Trullium Therapeutics, Inc.
  • Represented SpartanNash in connection with its commercial contract arrangements and issuance of a Warrant to Amazon.com Inc.
  • Represented Cowen Group, Inc. as managing underwriter in the initial public offering of KemPharm, Inc.
  • Represented CrimsoNox Capital Private Limited in connection with its investment in Ingenuity Foods Inc.
  • Represented Electra Ltd. in its acquisition of Gilston Electrical, Hellman Electric, and F.W. Sims, Inc.
  • Represented Anterios, Inc. in its sale to Allergan.
  • Represented Piper Jaffray, as managing underwriter, in the initial public offering of Common Stock of Tengion Inc.
  • Represented Cowen Group Inc., as managing underwriter, in the At the Market Offering of Amicus.
  • Represented Portware in its sale for $265 million to FactSet.
  • Represented BlackBerry in its acquisition of AtHoc, Inc.
  • Represented BlackBerry in its acquisition of WatchDox, Inc. 
  • Represented BlackBerry in its acquisition of Movirtu Limited.
  • Represented Jefferies & Co. in its follow on offering for AcelRx.
  • Represented JPMorgan Chase, as managing underwriter, in the initial public offering of Common Stock of Paradigm Genetics, Inc.
  • Represented Cowen Group, Inc. as managing underwriter in the At the Market Offering of Trevena, Inc. and Stifel, as managing underwriter, in a follow-on offering.
  • Represented Cowen Group, Inc. as managing underwriter in the At the Market Offering of Trillium.
  • Represented Minerva Neurosciences Inc. in its initial public offering.
  • Represented Piper Jaffray, as managing underwriter, in the initial public offering of Common Stock of AcelRx.
  • Represented Conifer Securities in its sale to The Carlyle Group.
  • Represented SpartanNash in its acquisition of Caito.
  • Represented SpotOn Transact in its acquisition of EmaginePOS Inc.
  • Represented FastPay in its acquisition of AnchorOps.
  • Represented Prudential Financial in its acquisition of the retirement business of Union Bank of California.
  • Represented Wellspring Capital Management LLC in its acquisition of Susser Holdings, LLC, a Texas-based convenience store retailer, in a leveraged buyout.
  • Represented Baldwin Technology Company, Inc. in its merger with Forsyth Capital Inc.
  • Represented Nash Finch Company in its asset acquisition of Bag 'N Save.
  • Represented BlackBerry in its sale of its subsidiary, Newbay Software Limited.
  • Represented SumUp Holding in equity issuances to American Express Company and Groupon Inc.
  • Represented Wellspring Capital Management LLC in its sale of JW Aluminum Holdings to Superior Plus Inc.
  • Represented Pitney Bowes, Inc. in its acquisition of IBIS Consulting, Inc.
  • Represented TradingScreen Inc. in connection with its recapitalization, with a substantial investment by Technology Crossover Ventures, including the refinancing of such investment.
  • Represented Susser Holdings, Inc. in its issuance of $170 million of 10 5/8% Senior Notes.
  • Represented The Hockey Company in its initial public offering of Common Stock in a cross-border transaction.
  • Represented JP Morgan Chase, as managing underwriter, in the issuance of common stock by Bioenvision.
  • Represented Lazard Freres, as managing underwriter, in the initial public offering of common stock by HemoSense.
  • Represented W.R. Hambrecht, as managing underwriter, in the initial public offering of Common Stock by CryoCor.
  • Represented Wellspring Capital Management LLC in its acquisition of Tube City LLC, a leading outsourcing services provider to the steel industry, in a leveraged buyout.
  • Represented 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.
  • Represented Wellspring Capital Management LLC in its sale of The Hockey Company to Reebok.
  • Represented Cotelligent Inc., a leading information technology company, in connection with its follow-on offering of Common Stock.
  • Represented Pitney Bowes, Inc. in its acquisition of G3 Worldwide.

Awards and Affiliations

Notable Practitioner, IFLR1000 Financial and Corporate (2019, 2020)

Notable Practitioner, IFLR1000 United States (2018)

Noted in The Legal 500 for Capital Markets: Equity Offerings (2014)

Co-Chair, Practising Law Institute, Program on “Acquiring or Selling the Privately-Held Company”

Member, Association of the Bar of the City of New York, Committee on Corporations and Securities

Comment Editor, The University of Chicago Law Review

Phi Beta Kappa, Princeton University

Admissions

  • New York
  • England & Wales (Registered Foreign Lawyer)

Education

  • University of Chicago Law School, J.D.
  • Princeton University, A.B., summa cum laude

Sectors

  • Financial Services
  • Life Sciences
  • Technology
  • Fintech
  • Banking

Services

  • Capital Markets and Public Companies
  • Mergers Acquisitions
  • Technology Transactions
  • Corporate Finance Investment Management

Regions

  • North America

Events

11/4/2020 - T2RL PSS 2020

4/27/2015 - PLI’s Acquiring or Selling the Privately Held Company 2015

News

9/24/2020 - Morgan Lewis Represents SpotOn in $60M Funding Round

7/1/2020 - Morgan Lewis Advises TradingScreen in BidFX Majority Interest Sale to the Singapore Exchange

3/12/2020 - Morgan Lewis Represents SpotOn in $50M Funding Round

2/14/2020 - Morgan Lewis Advises Broadway Technology on Recapitalization

6/14/2019 - Morgan Lewis Represents SpotOn in $40 Million Funding Round

9/22/2015 - Morgan Lewis Advises Portware, LLC in $265M Acquisition by FactSet Research Systems Inc.

7/22/2015 - Morgan Lewis Advises BlackBerry in its Acquisition of AtHoc

7/2/2015 - Morgan Lewis Advises Health Net, Inc. in $6.8 Billion Sale to Centene Corporation

7/22/2013 - Morgan Lewis Advises Food Distributor Nash Finch on $1.3B Merger with Spartan Stores

12/23/2011 - Morgan Lewis Advises Baldwin on Sale to Forsyth

Publications

1998-2015 - Chair, Acquiring or Selling the Privately Held Company, New York