![David M. Greenberg](/-/media/images/team/g/greenberg-david-m/2876largepng.png?rev=6103d1cdad454d95a8181f0f0ab20db5&sc_lang=he)
Profile
David M. Greenberg is a shareholder in Greenberg Traurig’s New York office. A leader in the field of technology and intellectual property transactions and strategy, David has been recognized as an “IP Star” in Managing IP Magazine's World IP Handbook and Survey (2017-2018).
David focuses on a broad range of intellectual property and technology issues in high-stakes transactions, including mergers, acquisitions, spin-outs, joint ventures, strategic collaborations, and licenses. David has wide-ranging experience in the licensing and transfer of patents, trademarks, trade secrets, know-how, content, data, software, and other technology, working with clients across a broad number of industries including financial services, banking, pharmaceuticals and medical devices, biotechnology, consumer products, luxury goods, fashion, health care, energy, software and digital advertising. David regularly counsels clients on privacy and data security issues, IP or data-related investigations, commercialization or monetization of “big data,” and e-commerce transactions, leveraging many years of experience in the field to provide practical and business-oriented advice.
Concentrations
- IP aspects of corporate transactions
- Patent, trademark, IP, software, data, and technology licensing
- Technology transfer
- IT and business process outsourcing
- Electronic and mobile commerce
- Software as a Service (“SaaS”) and Platform as a Service (“PaaS”)
- Electronic/mobile payments and Payment Card Industry (PCI)
- System integration (e.g., ERP and other corporate systems)
- Privacy, cybersecurity, and big data
- Content distribution
- Open source
Capabilities
Experience
- Represented Consello Capital in connection with its acquisition of EHE Health, a national health care provider network in preventive health.
- Represented GTCR in connection with its acquisition of Foundation Source, the nation’s largest provider of foundation management services.
- Represented Sidereal Capital Group in connection with its acquisition of Peachey Hardwood Flooring, a manufacturer of premium hardwood flooring and a leading supplier of various types of custom products to both wholesalers and distributors nationwide.
- Represented Watchtower Capital Partners in connection with its acquisitions of SPS Mechanical and JF Plumbing & Heating.
- Represented Marque Brands, LLC, an affiliate of Neuberger Berman, in connection with its acquisition of a majority ownership in America’s Test Kitchen (“ATK”) and its associated brands, including Cook’s Illustrated and Cook’s Country. ATK is a food and culinary media business, which leverages its industry-leading testing process for recipes and kitchen equipment to produce top class recipes and unbiased product reviews. ATK and its diverse portfolio of brands has an expansive audience across various media platforms.
- Represented PWCC Marketplace, LLC, PWCC Services, LLC and PWCC Vault, LLC in connection with their senior secured credit facilities in an amount up to $175 million from WhiteHawk Capital Partners, LP and Wingspire Capital LLC.
- Represented Carrick Capital Partners in connection with its Series B Investment in Bishop Fox. Bishop Fox provides offensive security solutions ranging from continuous penetration testing, red teaming, and attack surface management to product, cloud and application security assessments.
- Represented Blue Wolf Capital Partners, LLC and GCM Grosvenor, as joint sponsors, in connection with their acquisition of Hallcon Corporation from Canadian private equity firm Novacap. Hallcon is the leading North American provider of mission-critical transportation services and infrastructure for a broad range of customers including railroads, universities, airports, hospitals and health care systems, public transit, technology and industrial companies, and other large employers seeking custom transportation solutions.
- Represented Crestview Partners in connection with the acquisition of Emerald EMS, an electronics manufacturing services provider specializing in high-mix, low-volume engineering, design, prototyping, testing, assembly and lifecycle support services for blue-chip original equipment manufacturers across a range of end markets.
- Represented Sun Capital Partners in its sale of Ames Taping Tools, the nation’s foremost provider of automatic taping and finishing tools and related products to the professional drywall finishing industry.
- Represented Blue Wolf Capital Partners, LLC in connection with the sale of StateServ Medical, the leading durable medical equipment (DME) benefit management company supporting hospices and other post-acute care providers in the United States.
- Represented Blue Wolf Capital Partners, LLC in connection with the acquisition of CIVCO Radiotherapy, a global leader of radiotherapy patient positioning and immobilization equipment.
- Represented Black Dragon Capital in connection with its acquisition of Grass Valley, a leading technology supplier of advanced broadcast and media solutions, with operations in over 20 different jurisdictions worldwide.
- Represented an affiliate of Centre Partners in connection with its acquisition of Boomerang Laboratories, Inc., a manufacturer of liquid products for personal care, household and pharmaceutical use.
- Represented an affiliate of Centre Partners in connection with its acquisition of Outdoor Recreation Company of America, LLC, a leading manufacturer of coolers and various drinkware.
- Represented Blue Wolf Capital Partners, LLC in connection with its acquisition of Kirlin Design Build LLC, one of the country’s leading engineering and construction companies, focused on large, complex federal and private sector projects.
- Represented Centre Partners in connection with its sale of Stonewall Kitchen, a leading manufacturer of premium branded specialty food and gift products, including jams, olive oils, bottled sauces, crackers and pancake mixes.
- Represented Blue Wolf Capital Partners, LLC in connection with its acquisition of RHA Health Services, a leading provider of community-based health services focused on individuals with intellectual and developmental disabilities, behavioral health needs and substance use challenges.
- Represented WeWork in connection with its acquisition of Emprenurban, a Latin American-based real estate development and construction company.
- Represented Centre Partners in connection with its acquisition of Guy & O’Neill, Inc., a consumer products company that focuses on private label and contract manufacturing.
- Represented H.I.G. Growth Partners in connection with its acquisition of a regional provider of comprehensive hospice related services.
- Represented Blue Wolf Capital Partners in connection with its joint venture with Kelso & Company to combine Jordan Health Services, Great Lakes Caring, and National Home Health Care, creating one of largest home-based care providers in the United States.
- Represented affiliates of Crestview Advisors in connection with their acquisition of ATC Drivetrain, a leading independent remanufacturer of automotive drivetrain components (primarily transmissions, engines and related components) for in-warranty vehicles in the United States.
- Represented Blue Wolf Capital Partners in connection with the acquisition of Hospicelink, the largest hospice-focused durable medical equipment benefit manager in the United States.
- Represented Centre Partners in connection with its acquisition of Nearly Natural, a leading e-commerce vendor and “drop-shipper” of artificial plant products.
- Represented Vista Equity Partners (Vista), a leading private equity firm focused on software, data, and technology-enabled businesses, in its acquisition of Regulatory DataCorp, Inc. (RDC) from Bain Capital Ventures and others.
- Represented Sun Capital Partners in connection with its acquisition of AMES Taping Tools.
- Represented the middle market fund of a global private equity firm in connection with its acquisition of an operator of adolescent behavioral health treatment centers in the United States
- Served as lead counsel in numerous IT and business process outsourcing transactions for major multinational corporations.
- Advised leading companies in connection with software development transactions, OEM, VAR and dealer agreements and information services contracts.
- Represent major pharmaceutical company in contract manufacturing agreements.
- Represented AstraZeneca in multiple transactions relating to disposition of small molecule drug assets, including license and supply agreements and tech transfer relating to global commercialization.
- Advised leading multinational pharmaceutical company in collaboration agreement relating to research, development and commercialization of late stage pharmaceutical product.
- Represent Bracco Diagnostics, Inc. in contract manufacturing agreement covering the establishment of a new facility to produce radionuclide generators used for diagnostic purposes.
- Represent leading pharmaceutical company in a joint venture to establish in Canada with Canadian biotech company to research, develop and commercialize pharmaceutical product.
- Represent NASDAQ-listed pharmaceutical company in licensing transaction relating to commercialization of Phase IV product in multiple jurisdictions.
- Served as lead counsel to one of the largest ISPs and content providers in numerous technology procurement and licensing transactions as well as related policy issues.
- Represent major network in user-generated content, video-on-demand, and related distribution agreements.
- Advised companies and agency clients in the area of online advertising.
- Provided counseling to major financial services companies and other multinational corporations in the area of information security and privacy issues, including the development of enterprise-wide policies and compliance programs.
- Negotiated numerous hardware and procurement agreements for leading quick-serve restaurant company.
- Assisted companies with RFP preparation, response and assessment relating to technology transactions.
- Served as lead counsel in numerous e-commerce transactions for major fashion companies and others.
- Represented numerous clients in technology and intellectual property aspects of joint ventures, mergers and acquisitions and strategic alliances.
- Assisted technology and new media clients in connection with multimedia and electronic publishing ventures, including mobile device distribution.
- Represented writers and artists in publishing, television and film transactions as well as related podcast, licensing and merchandising opportunities.
- Assisted Mobile Virtual Network Operator (MVNO) in technology and services agreements to create MVNO network and procure digital content and ringtones.
- Assisted cable network operator in technology infrastructure agreements, including uplink, backhaul, and communications.
- Counseled clients on technology and data export compliance.
- Counseled and represented clients in the selection, prosecution and defense of opposition proceedings before the U.S. Patent and Trademark Office and infringement actions in federal courts.
- Speechwriter and Policy Analyst, Office of Lt. Governor Stan Lundine, Albany, NY, 1988-1990
Recognition & Leadership
- Listed, The Legal 500 United States,
- Finance - Fintech, 2024
- Media, Technology and Telecoms - Fintech, 2021-2023
- Listed, Managing IP Magazine's World IP Handbook and Survey, "IP Stars: New York Transactions Stars," 2017-2024
- Notable Practitioner, Chambers and Partners 2019 FinTech Guide, 2019
- Member, American Bar Association, Committee on Cyberspace Law
Credentials
-
J.D., University of Pennsylvania Law School
- Associate Editor, Comparative Labor Law Journal
- B.A., Political Science, Williams College
- New York
- U.S. District Court for the Southern District of New York
- U.S. District Court for the Eastern District of New York
- U.S. Court of Appeals for the Second Circuit