Francis Fryscak, Partner

Francis M. Fryscak is a partner in the Antitrust & Competition practice group and a member of the Cooley LLP Business department. He joined the Firm in 1999 and is resident in the Palo Alto office.

Mr. Fryscak's practice is concentrated on antitrust matters, and he has been recognized as a leading antitrust lawyer by Chambers USA. He provides antitrust counseling on issues arising out of mergers and acquisitions, joint ventures, distribution arrangements, price discrimination, and corporate antitrust compliance. He has worked closely with clients in numerous high profile antitrust investigations brought by the Department of Justice, the Federal Trade Commission and foreign antitrust regulatory agencies, including Adobe Systems Incorporated's acquisition of Macromedia, Siebel Systems, Inc.'s acquisition by Oracle, and InVision Technologies acquisition by General Electric Company (GE). He also assists the firm's clients in obtaining antitrust clearance for mergers, joint ventures, and other acquisitions that require notification pursuant to the Hart-Scott-Rodino Act.

Recent representative transactions include:

  • Accuvant LLC in its acquisition by the Blackstone Group for approximately $225 million.
  • LegalZoom.com, Inc. in the acquisition of a $200 million controlling interest by Permira.
  • Coverity, Inc., in its acquisition by Synopsys, Inc. for $375 million.
  • Garnett & Helfrich Capital, L.P., in the acquisition by its portfolio company Actian Corporation of Pervasive Software for $161.9 million.
  • Incline Therapeutics, in its acquisition by The Medicines Company for consideration totaling up to $390 million.
  • Objet Ltd. in its merger with Stratasys, Inc., resulting in a combined entity with a $3 billion capitalization.
  • NextWave Pharmaceuticals, Inc. in its acquisition by Pfizer for consideration totaling up to $700 million.
  • Urban Decay Cosmetics LLC, in its acquisition by L'Oréal SA for an undisclosed amount.
  • Method Products, Inc. in its acquisition by Ecover for an undisclosed amount.
  • Inflection LLC in its sale of its family history business (Archives.com) to Ancestry.com for $100 million.
  • Vitrue, Inc. in its acquisition by Oracle Corporation for an undisclosed amount.
  • Jazz Pharmaceuticals plc in its acquisition of EUSA Pharma for $680 million.
  • Omnicell, Inc. in its acquisition of MTS Medication Technologies, Inc. for $158 million.
  • eMeter, Inc. in its acquisition by Siemens for an undisclosed amount.
  • Clinical Data, Inc. in its acquisition by Forest Laboratories, Inc. for $1.2 billion.
  • NetWitness Corporation in its acquisition by EMC Corporation for an undisclosed amount.
  • Genoptix, Inc. in its acquisition by Novartis for $470 million.
  • Beceem Communications Inc. in its acquisitions by Broadcom Corporation for $316 million.
  • Impax Laboratories, Inc. in its acquisition of assets as part of a divestiture required by the Federal Trade Commission in Watson Pharmaceuticals, Inc.'s $1.75 billion acquisition of Arrow Group.

Select Recent Speaking Engagements and Publications:


Mr. Fryscak was recognized by Chambers USA in 2015 as a leader in the Antitrust category.

Mr. Fryscak received a JD cum laude from New York University School of Law in 1993, where he was an associate editor for the Journal of International Law and Politics. He completed a BA in Politics at New York University, where he graduated in 1990 magna cum laude and as a member of Phi Beta Kappa.

He is admitted to the state bars of California, New York, Colorado, and the District of Columbia, as well as being admitted to practice before the United States District Courts for the Southern and Eastern Districts of New York and the Northern District of California. He is also a member of the American Bar Association and the New York City Bar Association.

Education

  • New York University School of Law
    JD, 1993, cum laude
  • New York University
    BA Politics, 1990, magna cum laude, Phi Beta Kappa

Bar Admissions

  • California
  • Colorado
  • District of Columbia
  • New York

Memberships

  • American Bar Association
Palo Alto
3175 Hanover Street
Palo Alto, California 94304-1130

Phone: +1 650 843 5338
Fax: +1 650 849 7400
ffryscak@cooley.com
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