Overview
David Perechocky is a corporate partner in the New York office of Kirkland & Ellis LLP. His practice primarily focuses on public and private company mergers and acquisitions, corporate and securities law matters and shareholder activism defense. He also counsels clients with respect to general corporate and governance matters and business combination transactions involving special purpose acquisition companies (SPACs). In addition, David has extensive experience working with public and private REITs and other real estate companies.
David is recognized as a “Notable Practitioner” for his work in PE and M&A by IFLR1000 in 2021 and 2022 and is recognized by The Legal 500 U.S. in 2021 for Real Estate Investment Trusts (REITs).
Experience
Representative Matters
Notable transactions include:
- Lee Enterprises in response to an unsolicited acquisition proposal from Alden Global Capital and in its successful defense of an attempted proxy contest by Alden
- StorageMart on its acquisition of Manhattan Mini Storage
- Investindustrial Acquisition Corp. in connection with its $3.2 billion business combination with Ermenegildo Zegna Group
- Blackstone on a combined $800 million investment in the combination of APi Group Corporation and Chubb Fire & Security Business
- Starwood Capital Group in its $6 billion joint acquisition, together with Blackstone Real Estate Partners, of Extended Stay America and its related 50/50 joint venture with Blackstone
- Wilton Re in its $400 million acquisition of Allstate Life Insurance Company of New York from Allstate
- JAWS Spitfire Acquisition Corporation, a special purpose acquisition company (SPAC) sponsored by Barry Sternlicht, in its $1.6 billion business combination with VELO3D
- Intelsat S.A. and certain of its affiliates in connection with their Chapter 11 cases involving approximately $14.7 billion in funded debt
- Starwood Capital Group, as lead investor, in the PIPE transactions for:
- WeWork’s $9 billion SPAC merger with BowX Acquisition Corp. and
- SmartRENT’s $2.2 billion SPAC merger with Fifth Wall Acquisition Corp. I
- BBAM LP, as manager and servicer of Fly Leasing Limited, in FLY’s $2.36 billion sale to Carlyle Aviation Partners
- Jaws Acquisition Corp., a special purpose acquisition company (SPAC) sponsored by Barry Sternlicht, in its $4.4 billion business combination with Cano Health
- Nikola Corporation in response to an activist short attack by Hindenburg Research
- GLP in the $18.7 billion sale of its U.S. logistics business to Blackstone — the largest private real estate transaction in history (recognized in the Financial Times’ U.S. Innovative Lawyers report)
- Consortium consisting of Bain, Carlyle, Centerbridge and Gallatin Point in their agreement to exchange their existing preferred shares in Sirius International Insurance Group (NASDAQ: SG) for a combination of cash and newly issued preferred shares in Third Point Reinsurance (NYSE: TPRE) valued at $260 million upon the completion of the merger transaction between Sirius Group and Third Point Re
- Special Committee of Board of Directors of Taubman Centers in its $9.8 billion merger and joint venture with Simon Property Group
- Special Committee of Board of Directors of FGL Holdings in its $2.7 billion acquisition by Fidelity National Financial
- Amcor Ltd. in its $6.8 billion acquisition of Bemis Co. (International Deal of the Year — 2020 Australasian Law Awards)
- CBL & Associates Properties in its agreement with Exeter Capital regarding the composition of the CBL board of directors
- Taubman Centers in connection with shareholder activism by Land and Buildings
- Rhône Group in its strategic partnership with Eurazeo (EPA:RF) for a 30% interest in Rhône Group in exchange for $270 million in cash and Eurazeo stock
- Spectrum Brands in its $2 billion carve-out sale of its global consumer battery business to Energizer
- Crescent Capital BDC, Inc. in its acquisition of Alcentra Capital Corporation
- Blackstone in its investment in Rockpoint Group
- Blackstone in its investment in New Mountain Capital
- Confidential private equity fund in connection with its sale of a 49% interest in a $1.87 billion portfolio of multifamily properties
- Private agriculture company in connection with an out-of-court corporate restructuring, including a convertible preferred equity investment and unsecured debt investment from a consortium of investors and a concurrent refinancing of its existing first-lien credit facility
- Ladder Capital in connection with the review and rejection of an unsolicited ~$1.7 billion acquisition proposal from Related Fund Management
- Lee Enterprises in response to the "withhold-the-vote" campaign by Cannell Capital
- AEO Inc. in its strategic partnership and Series A preferred equity investment with Dormify
- Kinderhook Industries in its acquisition of Intergulf Corporation
Notable transactions prior to joining Kirkland, include:
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Paramount Group in its $2.6 billion IPO — the largest IPO in the history of the REIT industry
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Lennar in its $9.3 billion acquisition of CalAtlantic, creating the largest U.S. homebuilder
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Monogram Residential Trust in its $4.4 billion going-private sale to a private equity fund sponsored by Greystar Real Estate Partners
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Empire State Realty Trust (ESRT) in the acquisition by the Qatar Investment Authority of a 9.9% fully diluted interest in ESRT for $622 million
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MAA (Mid-America Apartment Communities) in its $17 billion business combination with Post Properties, creating the largest multifamily REIT by number of apartments
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Medical Properties Trust in financing and related investments relating to its $1.25 billion acquisition of a portfolio of nine Massachusetts hospitals operated by Steward Health Care, which is majority-owned by affiliates of Cerberus Capital Management. (M&A Advisor Healthcare and Life Sciences Deal of the Year (over $100MM))
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EPR Properties in its $700 million joint acquisition with affiliates of Och-Ziff Real Estate of a portfolio of amusement parks, waterparks and ski resorts from CNL Lifestyle Properties
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Equity One, Inc. in its "at-the-market" equity offering of 8.5 million shares and related private placement program with Gazit-Globe, a publicly-traded real estate company based in Israel
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Fundrise in its $50 million initial public offering of the world's first "e-REIT" under Regulation A+ of the JOBS Act
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CreXus Investment Corp. in its $1.0 billion acquisition by Annaly Capital Management, Inc.
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MAA (Mid-America Apartment Communities) in its $8.6 billion merger with Colonial Properties Trust
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Brookfield Office Properties in forming a fund to acquire MPG Office Trust
Clerk & Government Experience
Judicial InternHonorable Martin GlennUnited States Bankruptcy Court for the Southern District of New York2011
Prior Experience
Goodwin Procter LLP, Associate — REITs and Real Estate M&A, 2012–2017
Financial Industry Regulatory Authority (FINRA), Legal Extern, 2011
RD Management, Real Estate Intern, 2011
More
Thought Leadership
Publications
“Expert Q&A: SPACs and Real Estate,” Thomson Reuters Practical Law
“REIT Activism Trends to Expect in the Wake of COVID-19,” Law360
Recognition
Named a “Notable Practitioner” for PE and M&A by IFLR1000, 2021 and 2022
Recognized in The Legal 500 U.S. for Real Estate Investment Trusts (REITs), 2021
Credentials
Admissions & Qualifications
- New York
- Massachusetts
Education
- New York University School of LawJ.D.2012
Staff Editor, Journal of International Law and Politics
- Wesleyan UniversityB.A.2005