David W. Pollak

Managing Partner

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 merger and acquisition transactions and in public and private offerings of securities, including in initial public offerings. 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

Spot On in connection with its acquisition by merger of Appetize Technologies for $415 million, financed in part through the issuance of $300 million of Series D-1 Preferred Stock
Cambridge Global Payments in its sale, for approximately C$900 million, to Fleetcor
Mercury Payment Systems in its sale, for approximately $750 million, to Silver Lake Partners
Health Net, Inc. in its $6.8 billion cash and stock merger with Centene Corporation
Nash Finch Company in its $1.3 billion merger with Spartan Stores Inc.
Bold Penguin, Inc. in its $515 million sale to AmFam, Inc., a subsidiary of American Family
Broadway Technology LLC in its sale to ION Investment Group for $560 million
First Associates Loan Servicing, LLC in connection with its sale to Stone Point Capital LLC and merger with Portfolio Financial Servicing Company
Teledata Communications Inc. (TCI) and its principal stockholders with the sale of 100% of the equity of TCI to MeridianLink Inc. for an aggregate purchase price of $105 million
TradingScreen, Inc. in its sale to Francisco Partners
TransNational Payments in its sale for approximately $100 million to Celero Commerce
SpotOn Transact, Inc. in its Series A through D Preferred Stock financings, with the latest valuation at $1.8 billion
Cowen Group, Inc., as managing underwriter in connection with its underwriting of Trullium Therapeutics, Inc.
SpartanNash in connection with its commercial contract arrangements and issuance of a Warrant to Amazon.com Inc.
Cowen Group, Inc. as managing underwriter in the initial public offering of KemPharm, Inc.
CrimsoNox Capital Private Limited in connection with its investment in Ingenuity Foods Inc.
Electra Ltd. in its acquisition of Gilston Electrical, Hellman Electric, and F.W. Sims, Inc.
Anterios, Inc. in its sale to Allergan
Piper Jaffray, as managing underwriter, in the initial public offering of Common Stock of Tengion Inc.
Cowen Group Inc., as managing underwriter, in the At the Market Offering of Amicus
Portware in its sale for $265 million to FactSet
BlackBerry in its acquisition of AtHoc, Inc.
BlackBerry in its acquisition of WatchDox, Inc.
BlackBerry in its acquisition of Movirtu Limited
Jefferies & Co. in its follow on offering for AcelRx
JPMorgan Chase, as managing underwriter, in the initial public offering of Common Stock of Paradigm Genetics, Inc.
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
Cowen Group, Inc. as managing underwriter in the At the Market Offering of Trillium
Minerva Neurosciences Inc. in its initial public offering
Piper Jaffray, as managing underwriter, in the initial public offering of Common Stock of AcelRx
Conifer Securities in its sale to The Carlyle Group
SpartanNash in its acquisition of Caito
SpotOn Transact in its acquisition of EmaginePOS Inc.
FastPay in its acquisition of AnchorOps
Prudential Financial in its acquisition of the retirement business of Union Bank of California
Wellspring Capital Management LLC in its acquisition of Susser Holdings, LLC, a Texas-based convenience store retailer, in a leveraged buyout
Baldwin Technology Company, Inc. in its merger with Forsyth Capital Inc.
Nash Finch Company in its asset acquisition of Bag 'N Save
BlackBerry in its sale of its subsidiary, Newbay Software Limited
SumUp Holding in equity issuances to American Express Company and Groupon Inc.
Wellspring Capital Management LLC in its sale of JW Aluminum Holdings to Superior Plus Inc.
Pitney Bowes, Inc. in its acquisition of IBIS Consulting, Inc.
TradingScreen Inc. in connection with its recapitalization, with a substantial investment by Technology Crossover Ventures, including the refinancing of such investment
Susser Holdings, Inc. in its issuance of $170 million of 10 5/8% Senior Notes
The Hockey Company in its initial public offering of Common Stock in a cross-border transaction
JP Morgan Chase, as managing underwriter, in the issuance of common stock by Bioenvision
Lazard Freres, as managing underwriter, in the initial public offering of common stock by HemoSense
W.R. Hambrecht, as managing underwriter, in the initial public offering of Common Stock by CryoCor
Wellspring Capital Management LLC in its acquisition of Tube City LLC, a leading outsourcing services provider to the steel industry, in a leveraged buyout
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
Wellspring Capital Management LLC in its sale of The Hockey Company to Reebok
Cotelligent Inc., a leading information technology company, in connection with its follow-on offering of Common Stock
Pitney Bowes, Inc. in its acquisition of G3 Worldwide