David M. Klein, P.C.

Prior to, and since joining Kirkland, 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)
• Waters Corporation (WAT) in its pending $39 billion Reverse Morris Trust combination with Becton, Dickinson’s (BDX) Biosciences & Diagnostic Solutions business
• 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 €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 following:
  
  • its $2.16 billion acquisition of Sundyne
  • its $1.325 billion sale of its Personal Protective Equipment (PPE) business to Protective Industrial Products
  • 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 sale to North American Stainless
• JBT Corporation 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