Fenwick & West LLP
Fenwick & West Employment Practices Group Breakfast Briefing

Date and Time:
Wednesday, January 28, 2009

Program:
9:00 a.m. — 11:00 a.m.

Fenwick & West Employment Practices Group Breakfast Briefing

Location:
Fenwick & West LLP

Silicon Valley Center
801 California Street
Mountain View, CA 94041

M&A Seminar - CEO View
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M&A Seminar-CEO View

Speakers:

  • Ben Horowitz, former CEO, Opsware
    (sold in 2007 to HP for $1.6B)
  • Dave Orton, former CEO, ATI Technologies
    (sold in 2006 to AMD for $5.4B)
  • Tony Zingale, former CEO, Mercury Interactive
    (sold in 2006 to HP for $4.5B)
  • Dave Healy, Co-Chair, Fenwick & West LLP M&A Group

Topics:

  • Growth Alternatives: M&A, R&D, Partnering
  • Positioning for Sale of Your Company
  • Negotiating the Sale of Your Company
  • Maximizing M&A Valuation
    -When to Sell
    -Shopping the Deal
    -Certainty/Valuation Tradeoffs
  • Managing your team, the Board and Wall Street

Speakers:

  • Ben Horowitz. Ben was the co-founder and former President and Chief Executive Officer, Opsware, a leading data center automation software company. Post acquisition, Ben served as VP and GM of HP's Business Technology Optimization software unit. Under Ben's leadership, Opsware completed its IPO in early 2001, despite an unfavorable investment climate for Internet companies, bolstered its product offerings with multiple acquisitions, and combined with HP in a deal that reflected a substantial premium. Prior to Opsware, Ben served as Vice President and General Manager of the E-Commerce Platform division of America Online and as a vice president at Netscape Communications. Ben holds a B.A. in computer science from Columbia University and an M.S. in computer science from the University of California, Los Angeles.

  • Dave Orton. Dave was the former President and Chief Executive Officer of ATI, a leader in the design and manufacture of innovative 3D graphics and digital media silicon solutions. Post acquisition, Dave became Executive Vice President of AMD's Visual and Media Businesses. Under Dave's leadership, ATI completed several acquisitions, achieved key customer wins and was acquired by AMD at a substantial premium. Dave also served as the former President and CEO of ArtX, which he sold to ATI in 2000 for $400M. Prior to ArtX, Dave served as Senior VP and GM, Visual Computing, and Senior VP and GM, Scalable Systems, at SGI. He also worked in the graphics and semiconductor industry at GE and Bell Labs. He holds several patents in the graphics and computer architecture areas. Dave earned a B.S. in Mathematics and Economics at Wake Forest University and a M.S. in Electrical Engineering from Duke University.

  • Tony Zingale. Tony was the former Chief Executive Officer and President of Mercury Interactive, a leading IT management software and services company. Post acquisition, Tony became Senior Vice President, Software, Technology Solutions Group at HP. Tony was also president and CEO of Clarify, a public traded company that was a leader in the CRM market until it was acquired for $2.1B by Nortel in 2000, after which Tony served as president of Nortel's eBusiness Solutions Group. Prior to Clarify, Tony served in various senior executive capacities, including as SVP of Worldwide Marketing, at EDA provider Cadence Design Systems, where Tony played a key role in guiding Cadence's M&A strategy. Tony holds a B.S. degree in electrical and computer engineering and a B.A. degree in business administration from the University of Cincinnati.

  • Dave Healy. Dave Healy is a partner and Co-Chair M&A Group at Fenwick & West LLP. Dave has negotiated over a hundred acquisitions, including the sale of Opsware to HP, the sale of ArtX to ATI and numerous acquisitions for Cadence.

Date:

Wednesday, January 28, 2009

Time:

Program:
9:00 a.m. — 11:00 a.m.

Location:

Fenwick & West LLP
Silicon Valley Center
801 California Street
Mountain View, CA 94041

For additional program details, please contact Dawn Kwok at dkwok@fenwick.com. For substantive program questions, contact Dave Healy at dhealy@fenwick.com

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