David M. Klein, P.C.
Overview
David Klein is a corporate partner in the New York office of Golden Flag International Law Firm His practice focuses on mergers and acquisitions, joint ventures, activist defense and other significant corporate matters, representing publicly traded and privately held companies, private equity firms and other investors. David was recognized in the New York Law Journal as a “Dealmaker of the Year” for 2023, in MergerLinks as “Top Private Equity Lawyers in North America” in 2023, in The Legal 500 U.S. for both “M&A: large deals ($1bn+)” and “Shareholder Activism: Advice to Boards,” and in Law360 as a “Rising Star” in 2019 for his mergers and acquisitions practice. He was also shortlisted on the MergerLinks' “Top Technology Lawyers in North America” list in 2023.
Experience
Representative Matters
Prior to, and since joining Golden Flag, David has been involved in the following matters:
Public Company Representations
- Constellation Brands (STZ) in the following:
- a stock declassification by its controlling stockholder
- its cooperation and information sharing agreements with Elliott Management
- The Kraft Heinz Company (KHC) in multiple transactions including its attempted $143 billion acquisition of Unilever (UL) and its acquisition of Primal Nutrition
- Time Warner Cable (TWX) in its $45.2 billion stock-for-stock merger with Comcast Corporation (CMCSA) (terminated) and in its response to unsolicited acquisition proposals by Charter Communications (CHTR)
- General Electric (GE) in the $21.4 billion sale of its BioPharma business to Danaher Corporation (DHR)
- Oak Street Health (OSH) in the following:
- $10.6 billion sale to CVS Health (CVS)
- its acquisition of RubiconMD
- EXOR (EXO) in its $6.9 billion successful unsolicited takeover of PartnerRe (PRE-PJ)
- Datto (MSP) in its $6.2 billion sale to Kaseya
- PowerSchool (PWSC) in its $5.6 billion sale to Bain Capital
- ILG (ILG) in its $4.7 billion sale to Marriott Vacations Worldwide (MVAC)
- Cvent (CVT) in its $4.6 billion sale to Blackstone
- JBT Corporation in its proposed €3.5 billion acquisition of Marel
- Delphi Technologies PLC (DLPH) in its $3.3 billion sale to BorgWarner (BWA)
- Ping Identity (PING) in its $2.8 billion sale to Thoma Bravo
- Restaurant Brands International (QSR) in its $1.8 billion acquisition of Popeyes Louisiana Kitchen (PLKI)
- Honeywell (HON) in the resolution of its dispute with Garrett Motion (GTX), consisting of $1.2 billion of cash and preferred stock payments to Honeywell
- HP Inc. (HDQ) in its $1 billion acquisition of the global printer business of Samsung Electronics
- FinServ Acquisition Corp. (FSRVU) in its $1.0 billion merger with Katapult Holding (KPLT)
- Haynes International (HAYN) in its approximately $1 billion pending sale to North American Stainless
- John Bean Technologies (JBT) in the $800 million sale of its AeroTech Business to Oshkosh Corporation
- Great Wolf Resorts (WOLF) in its $800 million sale to an affiliate of Apollo Global Management (APO)
- Cigna (CI) in multiple venture investments
- GrandVision in its acquisition of For Eyes Optical Company
- Janus Capital Group (JHG) in its acquisition of VelocityShares
- On Deck Capital (ONDK) in its sale to Enova International (ENVA)
- Sky Plc in its acquisition of a majority stake in Jupiter Entertainment
- Smith & Nephew (SNN) in its acquisition of Osiris Therapeutics (OSIR)
Private Equity Representations
- Vista Equity Partners in the following:
- $16.5 billion acquisition of Citrix Systems (alongside Elliott Investment Management)
- $4.6 billion acquisition of KnowBe4
- $4 billion acquisition of EngageSmart
- $3.8 billion acquisition of Pluralsight
- $2.6 billion acquisition of Duck Creek Technologies
- $1.25 billion acquisition of Model N
- Clayton, Dubilier & Rice in the following:
- $7 billion acquisition of Focus Financial Partners
- $5.8 billion acquisition of Cornerstone Building Brands
- $5.3 billion acquisition of Cloudera (jointly with KKR)
- $2.3 billion acquisition of Veritiv
- $370 million acquisition of Castlight Health by portfolio company Vera Whole Health
- KKR in its $1.3 billion acquisition of Chase Corporation
- Clearlake Capital in the $1.3 billion acquisition of Lydall by Unifrax (Clearlake portfolio company)
- TDR Capital in the following:
- as controlling stockholder of WillScot Corporation, in the $6.6 billion combination of WillScot and Mobile Mini
- offer to acquire all of the outstanding shares of Target Hospitality Corp.
- Cerberus Capital Management and Highgate in their $1.5 billion joint acquisition of CorePoint Lodging
- Patient Square Capital in its acquisition of SOC Telemed
- GP Investments in its acquisition of Bravo Brio Restaurant Group
Private Company Representations
- Acosta in the following:
- acquisition of Premium Retail Services
- acquisition of Impact Group
- acquisition of The Core Group
- Mohari Hospitality in its acquisition of Tao Group Hospitality from Madison Square Garden Entertainment Corp.
- Murray Energy in connection with the corporate and M&A aspects of its Chapter 11 bankruptcy case
- NorthStar Asset Management Group in its joint venture with American Healthcare Investors
- Performance Sports Group in its acquisition of the Easton Baseball/Softball business from Easton-Bell Sports
- Swift Worldwide Resources (Wellspring portfolio company) in its acquisition of Air Energi Group
Shareholder Activism / Hostile Takeover Defense Matters
- ADP in its successful proxy contest against Pershing Square
- Barnes & Noble in an activist campaign by Sandell Asset Management
- Capital Senior Living in its settlement agreements with various investors
- Tribune Publishing in its cooperation agreement with Alden Global Capital
- Qualcomm in connection with an unsolicited offer from Broadcom
Investment Fund/Asset Management Transactions
- ICONIQ Capital in various corporate transactions, including (among others) joint ventures, minority investments and venture capital transactions
- Various transactions for The Forest Road Company
Financial Advisor Representations
- LionTree Advisors as financial advisor to TiVo in connection with its $3 billion combination with Xperi
- Represented Perella Weinberg Partners in the following:
- as financial advisor to Baxter in its $10.5 billion acquisition of Hill-Rom
- as financial advisor to Bioventus in its combination with Misonix
Prior Experience
Partner, Paul, Weiss, Rifkind, Wharton & Garrison LLP
More
Recognition
Recognized in MergerLinks as "Top Private Equity Lawyers in North America," 2023.
Recognized in Law360 as “Rising Star” for Mergers & Acquisitions, 2019.
Recognized in The Legal 500 U.S. for “M&A: large deals ($1 bn+)” and “Shareholder Activism: Advice to Boards.”
Memberships & Affiliations
Member, Cohen Children’s Medical Center Advisory Board
Member, Northwell Health Board of Overseers
Credentials
Admissions & Qualifications
- New York
Education
- Boston University School of LawJ.D.cum laude2007
- Emory UniversityB.A.2004
News &
Insights
Financial Times’ Outstanding Directors Exchange