Los Angeles, CA
90067
United States
Fax: 1(310) 620-5850
Twenty-Fifth Floor
Los Angeles, CA
90071
United States
Fax: 1(213) 683-5920
Overview
David M. Hernand is a partner in the Mergers and Acquisitions practice of Paul Hastings and is based in the firm's Century City office. Mr. Hernand is also the chair of the firm's Century City office.
Mr. Hernand is a leading lawyer in M&A and investments across many industries, with a particular emphasis in media, entertainment, and technology. 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.
Mr. Hernand 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.
Much of Mr. Hernand's practice involves working with companies at the intersection of entertainment/media and technology. His past and current entertainment/media sector clients include Adaptive Studios, China Media Capital, Clarion Capital, Club Penguin, Collective Digital Studios, Dick Clark Productions, DIRECTV, DreamWorks Animation, Eldridge Industries, FilmTrack, Fox Corporation, GameMine, Idealab, Machinima, MySpace, Parcast, Playdom, QCode Media, Saban Capital, Shamrock Capital, Shaquile O'Neal, SK Telecom, Sony Pictures Entertainment, Snapchat, Style Haul, The Raine Group, United Talent Agency, Universal Music Group, Viacom, William Morris, and The Young Turks.
Accolades and Recognitions
Recognized in Variety's "Legal Impact Report" , 2016-2020
Recognized as one of 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-rated attorney in the nation and a "Super Lawyer" in M&A, Super Lawyers Magazine, 2005 - 2010, 2012 - 2013, 2016 - 2020
Recognized as a "Notable Practitioner" in the IFLR 1000 (global guide to leading law firms)
Recognized among leaders in M&A and Buyouts - M&A: Large Deals and Mergers and Acquisitions and Buyouts - M&A: Venture Capital and Emerging Companies, The Legal 500: United States 2013 Edition
Recognized as a top 100 "Power Lawyer" by The Hollywood Reporter, 2014, 2016-2017, 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
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Involvement
Mr. Hernand 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.
Mr. Hernand currently serves on the board of The Painted Turtle (a charity operating a summer camp for chronically ill kids)
Recent Representations
Mr. Hernand's M&A-related experience includes (with clients in bold):
Romeo Power's $1.3 billion 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)
The sale of Draft to Paddy Power Bet Fair
The sale of Dick Clark Productions to Dalian Wanda Group for approximately U$1 billion
Nuance Communications' US$215 million acquisition of TouchCommerce
Investments by Hearst and Verizon in AwesomenessTV 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
Mr. Hernand's capital raising-related experience includes:
Advance's $200 million preferred stock investment in Scopely
Darlington Partner's 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 more than US$50 million of preferred stock and convertible notes to Google Ventures, Redpoint, and other investors