David Makarechian
Partner
David Makarechian is a partner in O’Melveny’s Transactions Department.
David's practice focuses on transactional and broad corporate representation of emerging growth companies, public companies, venture capital and private equity firms, and investment banks in the US and in Asia. He has handled a diverse range of business combination transactions, including mergers, acquisitions, joint ventures, spin-ins, spin-outs, and buyouts involving public and private companies, and financing transactions, including venture capital and private equity investments, public and private offerings of equity and debt, and private placements and PIPE offerings. His particular experience advising technology companies and technology-focused investors and underwriters is derived from his more than 12 years spent practicing in Silicon Valley.
David also has deep experience in the structuring and negotiation of complex, cross-border joint ventures, strategic alliances, and commercial services agreements. For two years, he served as General Counsel to a business process outsourcing company with principal operations in India and the Philippines and was responsible for all legal aspects of that company's outsourcing contracts and international joint ventures.
David has advised buyers, sellers, and private equity sponsors in more than 75 mergers and acquisitions, ranging in size from US$1 million to US$4.4 billion. Examples of such transactions include serving as:
- Lead counsel to equity sponsors of a leveraged buy-out and recapitalization of a thin client computer manufacturing company with principal operations in Taiwan, PRC, India and the US
- Lead counsel to equity sponsors in the carve-out of a server manufacturing company from a multinational telecommunications equipment manufacturer
- Lead counsel in the disposition of an Indian subsidiary to a Singapore-based joint venture partner
- Lead counsel to a telecommunications software company in its “spin-in” sale to one of the world’s largest internet companies
- Lead counsel to a publicly-traded semiconductor company in the carve-out and sale of one of its business divisions
- Lead counsel in sale of a US optical components company to a publicly traded UK-based networking company
- Lead counsel in negotiation of the divestitures of legacy business lines of a set-top box systems provider to a European semiconductor manufacturer
David has represented issuers and underwriters in capital markets transactions and in the private placements of securities, including:
- Numerous capital markets transaction in equity, debt, and convertible securities for companies spanning consumer products, information technology, e-commerce, consumer internet, enterprise software, and telecommunication systems and services industries
- More than 200 private financings for companies, venture capitalists, private equity funds, and investment banks
David's experience in the area of international joint ventures and commercial transactions, many of them intellectual property-intensive, includes serving as:
- Lead counsel to a global outsourcing company in the negotiation of an outsourcing joint venture with a European telecommunications company
- Lead counsel to an offshore software development company in its joint venture with two leading music labels.