David M. Hernand is a partner in Cooley's business department. Mr. Hernand is a founding partner in the Firm's Los Angeles office. He joined the Firm in 2012.
Mr. Hernand advises companies, board of directors, special committees, investment banks, private equity and venture capital firms and high net-worth individuals and families in public and private merger and acquisition transactions (including cross-border and distressed M&A transactions), corporate control contests, strategic partnering arrangements, public and private capital raising transactions and general company representation matters. Mr. Hernand works with companies with a broad array of industries ranging from consumer products to energy, and has extensive experience working with technology and new media companies.
Mr. Hernand's recent transactional experience includes:
- DreamWorks Animation's $150 million acquisition of AwesomenessTV (representing DreamWorks Animation)
- StyleHaul's $12.5 million preferred stock financing led by Bertelsmann and RTL Group (representing StyleHaul)
- Management buy-out of Classes USA, PriceGrabber and LowerMyBills from Experian Interactive (representing management)
- Machinima's $35 million preferred stock financing led by Google Ventures (representing Machinima)
- The Honest Company's $27 million preferred stock financing led by General Catalyst, IVP and Lightspeed (representing The Honest Company)
- Madison Tyler Holdings' combination with Virtu Financial and investment by Silver Lake Partners (representing MTH management)
- SK Telecom's preferred stock investment in Viki.com (representing SK Telecom)
- Nordstrom's $270 million acquisition of HauteLook (representing Nordstrom)
- ABB's $3.1 billion acquisition of Baldor Electric (representing Baldor)
- Disney's $763 million acquisition of Playdom (representing Playdom)
- Shamrock Capital's acquisition of Screenvision (representing Shamrock)
- Saban Capital's acquisition of Paul Frank Industries (representing Saban Capital)
- EBay's sale of 65% of Skype to a private equity consortium (representing Goldman Sachs)
- Microsoft's unsolicited $44.6 billion offer to acquire Yahoo (representing Goldman Sachs and Lehman Brothers)
- Merger of William Morris and Endeavor (representing William Morris' board of directors)
- Odyssey Investment Partners' acquisitions of EAG, SM&A and Wencor (representing Odyssey)
- URS Corporation's $2.6 billion acquisition of Washington Group (representing URS)
- $3.4 billion merger of Molson and Coors (representing Morgan Stanley)
- Sale of Club Penguin to Disney for $700 million (representing Club Penguin)
In the technology sector specifically, Mr. Hernand has been involved in many of the most significant technology company M&A and investment transactions in Southern California in recent years, including transactions involving Business.com, DemandMedia, HauteLook, Homestore, IGE, Intermix (MySpace), LegalZoom, LowerMyBills, Machinima, Oversee, PriceGrabber, Playdom, Provide Commerce, ReachLocal, Rent.com, SeeBeyond, and The Honest Company.
Prior to joining Cooley, Mr. Hernand practiced with Gibson, Dunn & Crutcher from 2007 to 2012 and before that a partner at Latham & Watkins. Mr. Hernand also previously was a managing director of Idealab, a Pasadena, California-based technology company incubator, and was the founding CEO of New.net, an Idealab portfolio company.
Mr. Hernand is recognized as a leading lawyer in M&A and venture capital by industry publications such as Chambers USA (recognizing Mr. Hernand in 2013 and prior years as a leader in California in Corporate/M&A – Venture Capital, Super Lawyer Magazine (recognizing Mr. Hernand as a "Super Lawyer" in Mergers & Acquisitions each year from 2005-2010, 2012-2013, and Legal 500: United States 2013 Edition (recognizing Mr. Hernand among leaders in Mergers and Acquisitions and Buyouts – M&A: Large Deals and Mergers and Acquisitions and Buyouts – M&A: Venture Capital and Emerging Companies).
Mr. Hernand is a past Co-Chair of the Corporations Committee of the Business Law Section of the California State Bar and currently is a member of the Mergers and Acquisitions Committee of the Business Law Section of the American Bar Association. Mr. Hernand also serves on the board of The Painted Turtle and the Los Angeles Mayor's Council on Innovation and Industry, and is Chair of the Strategy Committee for the Socrates Program of the Aspen Institute.
- Georgetown University Law Center
- University of California, Los Angeles