Overview

David Hernand is a partner in the Mergers and Acquisitions and Private Equity practices of Paul Hastings and is based in and chairs the firm’s Century City office.

David is a leading lawyer in M&A and investments across many industries, with a particular emphasis in media, entertainment, technology and consumer products. His practice includes advising companies, boards of directors, special committees, investment banks, private equity and venture capital firms, and high net worth individuals and families in public and private merger and acquisition transactions (including cross-border and distressed M&A transactions), corporate control contests, strategic partnering arrangements, public and private capital raising transactions, and general company representation matters.

David has been recognized as one of the top 100 Lawyers in California by the Daily Journal, a leading lawyer in M&A and venture capital by industry publications such as Chambers USA, Super Lawyers Magazine, and Legal 500, as a “Power Lawyer” by The Hollywood Reporter, and one of the best lawyers in the entertainment industry by Variety.

In addition to working with large private and public companies and investment firms, David has nearly 30 years’ experience representing high-growth innovative companies and their investors in capital raising and M&A transactions, and is generally regarded as one of the leading lawyers in Southern California for “technology” companies and companies across industries undergoing digital transformation.

Recognitions

  • The Legal 500, Media, Technology and Telecoms: Media and Entertainment: Transactional, 2023
  • The Legal 500, M&A/Corporate and Commercial: M&A: Large Deals ($1BN+), 2023
  • Recognized as a notable practitioner in IFLR1000, 2023
  • Recognized as a Top DeSPAC Lawyers in North America by MergerLinks League Tables, 2022
  • Recognized in Chambers USA, Corporate/M&A (2022-2023)
  • Recognized in Variety's “Legal Impact Report”, 2016-2022
  • Recognized as one of the Top 100 Lawyers in California by the Daily Journal
  • Recognized as a leader in Corporate/M&A in California by Chambers USA
  • Recognized as a top 100 "Power Lawyer" by The Hollywood Reporter, 2014, 2016-2017, and 2019
  • Recognized as a leader in America's Leading Lawyers for Business, Corporate/ M&A, Chambers USA, 2020
  • Recognized as Hollywood’s Top 20 Dealmakers by The Hollywood Reporter, 2016.

Education

  • Georgetown University Law Center, J.D., 1992
  • University of California, Los Angeles, B.A., 1989

Representations

David’s M&A-related experience includes (with clients in bold):

  • Clarion Capital in the acquisition of a majority stake in Vin Di Bona Productions, creator of the “America’s Funniest Home Videos” franchise and other programming, and Fishbowl Worldwide Media
  • Underscore Talent, a leading next-generation management company that helps creator economy talent, in the sale of a majority stake in the company to TheSoul Publishing, a global digital media company that produces digital content for global audiences
  • Hyperloop Transportation Technologies (HyperloopTT), a leading transportation and technology licensing company focused on realizing the hyperloop, in its pending business combination with Forest Road Acquisition Corporation II
  • Digital Transformation Opportunities Corp. (DTOC), a publicly traded SPAC, in its business combination with the American Oncology Network, a network of community-based oncology practices
  • Paramount Global, Warner Bros. Discovery, and The CW Network in a definitive agreement for Nexstar Media Group to acquire a 75% ownership interest in The CW Network, LLC. Warner Bros
  • The Agency, a global, boutique real estate brokerage, in its acquisition of Triplemint, a software-powered real estate brokerage that makes it easier for people to buy, sell, and rent properties
  • Amazon’s acquisition of MGM for $8.45 billion (representing Morgan Stanley and Lion Tree as financial advisors to MGM)
  • Netmarble in connection with the $1.2 billion deSPAC acquisition of Jam City by DPCM Capital
  • HYBE in its acquisition of Ithaca Holdings for $1.0 billion
  • Castle & Cooke in the combination and initial public offering of Dole Food Company and Total Produce
  • Colony Capital in connection with the $825 million deSPAC acquisition of Blade Urban Air Mobility by Experience Investment Corp.
  • Romeo Power’s $1.3 billion deSPAC acquisition by RMG Acquisition Corp. (SPAC)
  • Colony Capital’s acquisition of 90% of data center assets of Vantage Data Centers for $3.4 billion
  • Walmart’s sale of streaming media service Vudu to NBCU
  • The sale of Parcast to Spotify
  • Fox Corporation’s acquisition of Bento Box animation studio
  • Viacom's acquisition of PlutoTV for US$340 million
  • The sale of a substantial stake of Dole Food Company to Total Produce at an enterprise value of approximately US$2 billion
  • Cineworld's US$3.6 billion acquisition of Regal Cinema (representing Morgan Stanley as financial advisor to Regal)
  • The sale of Draft to Paddy Power Bet Fair
  • The sale of Dick Clark Productions to Dalian Wanda Group for approximately US$1 billion
  • Nuance Communications’ US$215 million acquisition of TouchCommerce
  • Investments by Hearst and Verizon inAwesomenessTV and related content production agreements
  • China Media Capital's joint venture with Warner Brothers to establish a new movie studio
  • Collective Digital Studio’s US$240 million merger with Prosieben’s Studio71
  • Fosun International’s US$1.4 billion acquisition with TPG of Cirque du Soleil
  • Shaquile O'Neal's sale of rights to Authentic Brands Group
  • Nordstrom’s US$350 million acquisition of TrunkClub and US$270 million acquisition of HauteLook
  • Billabong’s disposition of Swell.com
  • Niagara Bottling’s acquisition of Advanced Refreshment
  • DreamWorks Animation’s US$150 million acquisition of AwesomenessTV and separate acquisition of Big Frame
  • The management buyout of Classes USA, PriceGrabber, and LowerMyBills from Experian Interactive
  • Madison Tyler Holdings’ combination with Virtu Financial and investment by Silver Lake Partners
  • ABB’s US$3.1 billion acquisition of Baldor Electric
  • Disney’s US$763 million acquisition of Playdom
  • Shamrock Capital’s acquisition of Screenvision
  • Saban Capital’s acquisition of Paul Frank Industries
  • EBay’s sale of 65% of Skype to a private equity consortium (representing Goldman Sachs as financial advisor)
  • Microsoft’s unsolicited US$44.6 billion offer to acquire Yahoo (representing Goldman Sachs and Lehman Brothers as financial advisors)
  • The merger of William Morris and Endeavor
  • Odyssey Investment Partners’ acquisitions of EAG, SM&A, and Wencor
  • URS Corporation’s US$2.6 billion acquisition of Washington Group
  • The US$3.4 billion merger of Molson and Coors (representing Morgan Stanley as financial advisor)
  • Sale of Club Penguin to Disney for US$700 million

David’s capital raising-related experience includes:

  • Advance’s $200 million preferred stock investment in Scopely
  • Darlington Partners’ investment in IKE Smart City
  • DigiTour Media's $10 million preferred stock financing led by Viacom
  • GF Capital’s investment in Whalerock Industries
  • Prodege, LLC’s (aka Swagbucks) $60 million capital raise led by Technology Crossover Ventures
  • TeleSign’s $40 million preferred stock financing led by March Capital
  • DealerTrack’s sale of $80 million of capital stock of TrueCar
  • The Honest Company’s sale of $52 million of preferred stock to General Catalyst, IVP, Lightspeed, and Iconiq (representing The Honest Company)
  • FilmTrack’s US$20 million capital raise led by Insight Ventures
  • Machinima’s sale of US$50 million of preferred stock and convertible notes to Google Ventures, Redpoint, and other investors

Involvement

  • David was previously a managing director of Idealab, a Pasadena, California-based technology company incubator, and the founding CEO of New.net, an Idealab portfolio company.
  • Past Co-Chair of the Corporations Committee of the Business Law Section of the California State Bar.
  • Member of the Mergers and Acquisitions Committee of the Business Law Section of the American Bar Association.
  • David currently serves on the board of The Painted Turtle (a charity operating a summer camp for chronically ill kids)

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