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.

Representative Experience

  • 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.

Publications

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]

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

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Representative Clients

  • Hewlett-Packard
  • Hewlett Packard Enterprise
  • Marvell Technology Group
  • McKesson
  • Opsware
  • Silver Spring Networks

Practices

Industries

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

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