Tech Deal Department of the Year Finalist: Skadden
"Where we distinguish ourselves is in handling deals that have never been done before, have never been done on that scale, or are likely to be under intense scrutiny, either by investors, regulators, employees, competitors, the media or all constituencies simultaneously," says Thomas Ivey, the Palo Alto corporate/M&A leader at Skadden.
November 03, 2019 at 01:00 PM
6 minute read
Skadden, Arps, Slate, Meagher & Flom Palo Alto partner Michael Mies represented PayPal in its $2.2 billion acquisition of Sweden-based payments provider iZettle AB. Palo Alto partner Amr Razzak teamed up with underson Dettmer Stough Villeneuve Franklin & Hachigian's Brooks Stough to represent San Francisco-based cryptocurrency company Ripple Labs in its strategic $50 million partnership with MoneyGram International to provide cross-border payment and foreign exchange settlement using digital assets. And Palo Alto partners Ken King and Sonia Nijjar represented private equity firm Silver Lake Partners in its purchase of 90% of ServiceMax from GE Digital.
That slate of deals landed Skadden a place a finalist for Tech Deal Department of the Year as part of The Recorder's California Leaders in Tech Law and Innovation Awards. The Recorder recently discussed with Thomas Ivey, Skadden's Palo Alto corporate/mergers and acquisitions leader, about why he believes the firm has the "most nimble, creative group of dealmakers anywhere."
What are the distinguishing characteristics of dealmakers that practice at Skadden?
Skadden is well established as one of the go-to law firms for sophisticated, transformational deals. So, our deep experience is, of course, one reason our clients come back to us, but there are other traits that allow us to stand out in a market with many excellent corporate attorneys.
Skadden lawyers are trained to thrive under intensely complex, time-sensitive circumstances. Where we distinguish ourselves is in handling deals that have never been done before, have never been done on that scale, or are likely to be under intense scrutiny, either by investors, regulators, employees, competitors, the media or all constituencies simultaneously. We also strive to staff teams with subject matter experts, applying deep industry know-how that serves to quickly hurdle obstacles inherent in any complex transaction.
We are known for being sticklers for detail. We budget realistically and transparently and work with our clients closely to make sure we are hitting the mark every day. We are an exceedingly diverse group in terms of gender, race, life experiences and other attributes, and this diversity adds greatly to our project analysis and success for our clients, resulting in what we believe to be the most nimble, creative group of dealmakers anywhere.
We are intense, but we are very human and, experience has shown, pretty easy to work with. We count our clients as our friends, and our associations have lasted decades.
When a client comes to Skadden for representation on a deal, what can they expect?
Skadden is unmatched in terms of the myriad services we provide for our clients, not just the world class M&A and capital markets teams people expect from Skadden, but also the regulatory and other related practices necessary to bring deals to the finish line in a highly efficient, cost-effective manner. We move quickly into action with support from our antitrust, CFIUS, Delaware team and related practices and geographies, all of which give our clients an edge. For example, in highly regulated industries such as fintech, we often draw on the resources of our deep bench of financial institutions regulatory and enforcement practice.
We are keenly aware that the companies we represent in Silicon Valley and around the world have their pick of the world's top attorneys. Complex transactions like the ones we tend to focus on require not just an ability to plot a course of action through a host of minefields, they also require something we think not all attorneys do well: carefully listening to our clients. Listening with great attention to our clients provides invaluable insights and can help us come to that "Eureka" moment that can drive a legal or business strategy.
Fees and efficiency are top of mind for our clients, so of course top of mind for us as well. Skadden may not be known for cut-rate fees, but our clients repeatedly tell us that our deep resources and our ability to do highly streamlined work set us apart and, ultimately, that they see the value that we bring to the table.
What are the biggest challenges facing your firm in representing tech companies in the current deal climate?
Right now, as a team that focuses on technology M&A, we are honestly seeing more opportunities than challenges. Not surprisingly, deals involving China have ground almost completely to a halt, with companies often considering some complex corporate gymnastics to avoid any kind of China antitrust review, including rethinking entire deal structures. The current political climate also is stirring understandable uncertainly.
However, from our vantage point, the trade wars, the risk of a hard Brexit and other such headline-grabbing occurrences do not seem to be impacting the volume of deal activity as much as one might expect. We see the tech deal pipeline as very robust, certainly more robust than one would expect given certain markers portending a potential economic downturn. We do not see tech companies waiting until after the 2020 election to contemplate or execute deals.
Cybersecurity is top of mind for our clients and for us. It's still rare for a data breach to spell the end of a deal, but it could delay the transaction or impact a target's value. Data breaches and cybersecurity remain a big issue for boards of directors, especially those being carried out by state actors.
Finally, companies focused on the gig economy are carefully eyeing new legislation that may impact their current business models. The influence of this certainly has been seen in the capital markets and likely will be considered in future M&A transactions.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllHow the Deal Got Done: Sidley Austin and NWSL Angel City Football Club/Iger
How Uncertainty in College Athletics Compensation Could Drive Lawsuits in 2025
How I Made Practice Group Chair: 'Think About Why You Want the Role, Because It Is Not an Easy Job,' Says Aaron Rubin of Morrison Foerster
Outgoing USPTO Director Kathi Vidal: ‘We All Want the Country to Be in a Better Place’
19 minute readTrending Stories
- 1Call for Nominations: Elite Trial Lawyers 2025
- 2Senate Judiciary Dems Release Report on Supreme Court Ethics
- 3Senate Confirms Last 2 of Biden's California Judicial Nominees
- 4Morrison & Foerster Doles Out Year-End and Special Bonuses, Raises Base Compensation for Associates
- 5Tom Girardi to Surrender to Federal Authorities on Jan. 7
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250