David focuses his practice on advising technology companies in mergers and acquisitions, joint ventures, strategic partnering transactions and spin-offs. Dave's practice also includes startup and public company issues, venture capital financings, public offerings and licensing matters.
From December 2011 to April 2012, Dave served as interim general counsel of Hewlett-Packard Company. Upon his return to Fenwick, Meg Whitman, president and chief executive officer of HP, publicly commented: “I want to thank David Healy for all of his efforts on behalf of HP,” said. “David provided strong leadership during a challenging period of transition at HP. We’re all grateful for his contributions.”
Dave has handled many M&A, divestiture and strategic investment deals for Hewlett Packard Enterprise and many strategic investments for Siemens’ next47 venture fund. Dave has had primary responsibility for business transactions ranging from $20 million to over $3 billion.
- Silver Spring Networks’ $830M sale to Itron
- Spansion’s $4B sale to Cypress Semiconductor
- HP’s acquisition of Vertica Network; the sale of its Video Collaboration business unit to Polycom; the $300M sale of its TippingPoint network security business to Trend Micro and the $170M sale of its customer experience software and services assets to OpenText
- HP Enterprise’s $650M acquisition of SimpliVity and its acquisition of Cloud Technology Partners
- Exodus’ $2.1B acquisition of Global Crossing’s Web hosting business
- Opsware’s $1.6B cash tender offer sale to HP
- Dell’s $2.5B offshore joint development and manufacturing agreement
- VERITAS’ $3.4B acquisition of Seagate’s NSMG business
- eBay’s sale of its Skype communications unit, in a deal valuing Skype at $2.75B
- Rational’s $875M acquisition of Pure Atria
Dave has been a regular speaker on merger, joint venture, strategic partnering, technology, valuation and startup issues and has served as Acting General Counsel to Cadence Design Systems. He has co-chaired the Daily Journal Western M&A and PE Forum for a number of years.
Dave has been recognized by Global M&A Network as one of Americas Top 50 M&A Lawyers. He has also been selected as a Northern California "Super Lawyer " in the area of Mergers and Acquisitions.
Divestitures: Typical Negotiated Issues, Nov. 2011
Recent M&A Trends & Developments, June 2011
Recent M&A Trends & Developments, Dec. 2009
"Top Ten" M&A Deal Insights From Leading CEOs, CFOs and VCs - M&A Seminar Series: Key Tips From All Eight Sessions
M&A Seminar Series [below are links to single sessions only]
- Session Eight: CEO View: Top Ten Summary/Summary of Panelist Interviews/Transcript (Ben Horowitz, co-founder and former President and CEO of Opsware; Dave Orton, former President and CEO of ATI Technologies; Tony Zingale, former CEO and President of Mercury Interactive)
- Session Seven: VC/Chairman/CEO/Founder View (Summary and Transcript) (Glen Antle, Trident CEO & Cadence founder; Mike Child, Managing Director, TA Associates; Don Lucas, VC & Oracle and Cadence Board Member; Jim Solomon, Cadence founder)
- Session Six: Director/Executive/VC View (Summary and Transcript) (Ray Lane, Kleiner Perkins; Ned Barnholt, former Agilent CEO; Ray Bingham, partner General Atlantic and former CEO Cadence)
- Session Five: VC/Board Member View (Summary) (Ram Shriram, VC & Google founder; Atiq Raza, former CEO NexGen and CEO RMI; Jim Hogan, VC & former SVP Cadence; Eric Keller, CEO Movaris and former Marimba Board member)
- Session Four: CEO View (Summary) (Rajeev Madhavan, CEO Magma; Rich Wyckoff, former CEO Marimba; John Sanguinetti, former President, Chronologic and Forte Design; Charlie Huang, VC, former CEO CadMOS, VP BD Cadence)
- Session Three: CFO View (Summary) (Greg Walker, CFO Magma, Bill Porter, CFO Cadence; Mark Garrett, CFO Documentum and CFO Adobe)
- Session Two: Business Development Executive's View (Summary) (Mark Bailey, DFJ ePlanet partner, former SVP BD Symantec & Healtheon; Greg Wagenhoffeer, Dir. M&A, Magma; Michel Courtoy, M&A VP Cadence & CEO Certess)
- Session One: Investment Banker View (Summary) (Tim Ng, Deutsche Bank; Mike Kelly, Broadview; Glenn Daniel, Houlihan)
M&A Development: Deal Process and Protections (Netsmart, Lear and Topps): Lessons On What Not To Do When Selling Your Company, Fenwick & West, September 24, 2007.
M&A Development: Emerging Communications—Court Finds Financially Sophisticated Director Personally Liable for $77 Million (In Re Emerging Communications), Fenwick & West Corporate and Securities Law Update, November 9, 2004.
M&A Development: Omnicare—Court Declares Certain Deal Protection Mechanisms Unenforceable (Omnicare v. NCS Healthcare), Fenwick & West Corporate Securities Law Update, May 16, 2003.
Joint Ventures and Other Growth Alternatives
- Hewlett Packard Enterprise
- Marvell Technology Group
- Silver Spring Networks
Education & Admissions
J.D., University of California, Hastings College of the Law
A.B., cum laude, Economics
University of California, Davis
Admitted to practice in California