Peter D. Feinberg
San Francisco, CA 94131
*****@*******.***
Summary
Senior business attorney with a track record of successfully closing more
than 100 corporate and real estate debt and equity finance, merger and
acquisition, licensing, corporate reorganization and venture capital
transactions. Additional in-depth experience in commercial transactions,
intellectual property, employment, and tax law. Diligent and energetic
business developer with the capacity for establishing and a proven record
of maintaining lasting professional relationships. Known as an outstanding
team player with a results and bottom line orientation.
Professional Experience
LAW OFFICES OF PETER D. FEINBERG, SAN FRANCISCO, CA 2003-
CURRENT
Represented corporations and individuals in contractual matters, stock
transactions and entity formations; worked on an independent basis with
other attorneys on mergers and acquisitions and other corporate
transactions; worked on an extended temporary basis with 1) Wilson Sonsini
Goodrich and Rosati on venture capital and merger and acquisition
transactions (2004); 2) Clorox on intellectual property matters (inbound
and outbound licensing, joint development, evaluation and option and
technical service agreements) and general transactional matters (real
estate purchase and lease, sales and procurement, and miscellaneous
corporate agreements) (2005-06); 3) Network Appliance on corporate and
intellectual property matters (primarily inbound licensing and procurement)
(2006-2008), and 4) Lesser Law Group as of counsel on commercial
transactions and corporate governance matters (2009-present).
Thelen Reid & Priest LLP, San Francisco, Ca 2000 - 2002
PARTNER (2000-2002); OF COUNSEL (2002) BUSINESS & FINANCE GROUP
Negotiated and drafted documents for merger & acquisition and real estate
transactions; prepared and negotiated venture capital and loan agreements
in corporate and real estate transactions; counseled clients on commercial,
corporate, intellectual property, real estate, employment, securities,
banking, licensing and tax issues.
Significant Transactions:
. Represented TCI International (Nasdaq: TCII), a telecommunications and
cable television equipment manufacturer, in its acquisition by SPX
Corporation in an approximately $50 Million transaction.
. Represented Mandarin Oriental Hotels in financing transactions
aggregating approximately $160 Million with the District of Columbia
and an international syndicate of banks in establishing a development
group in the construction of a Washington, DC hotel.
. Represented a Japanese public company in purchasing a medical devices
manufacturer for approximately $165 Million.
Ferrari, Olsen, Ottoboni & Bebb, LLP, San Jose, Ca 1995 - 2000
ASSOCIATE 1995 - 1999
Partner 1999 - 2000
Negotiated terms and drafted documents for merger, stock and asset purchase
transactions; prepared agreements relating to corporate governance and
capitalization, including buy-sell agreements, stock option plans and
agreements, agreements regarding reorganization, recapitalization, and spin-
offs; drafted miscellaneous documents including procurement and sales
agreements, operating agreements, partnership agreements, licensing
agreements, distribution agreements, real estate leasing and purchase and
sale agreements; confidentiality agreements, and employment and consulting
agreements; advised clients on securities compliance and exemption issues;
negotiated financing agreements with lenders, venture capitalists and
investors.
Significant Transactions:
. Represented 4 companies being acquired representing approximately $175
Million in equity in a simultaneous consolidation/IPO transaction.
. Represented Symmetricom (Nasdaq: SYMM) in an approximately $25 Million
acquisition of the wireline assets of Hewlett Packard.
. Represented an electronics manufacturing services company whose assets
were acquired for approximately $200 Million by SCI Systems.
California Department of Justice, Oakland, Ca 1993 - 1994
DEPUTY ATTORNEY GENERAL
Prepared briefs, argued motions, negotiated settlement agreements, took
depositions and propounded discovery for the State of California on behalf
of the California Department of Toxic Substances Control.
Nossaman, Guthner, Knox & Elliott, San Francisco, Ca 1989 - 1993
ASSOCIATE
Prepared manufacturing, distribution, licensing, and purchase and sale
agreements; drafted documents, letters and memoranda for bond and stock
transactions; prepared trial and appellate briefs; argued motions;
coordinated claims and strategy for receiving indemnification from state
insurance guaranty associations; advised clients in various commercial
matters.
EDUCATION
J.D, University of California, Davis School of Law, 1989
. Editor, University of California, Davis Law Review
. Law School Representative, Graduate Student Association
. Joint Chairperson, Faculty Recruitment Committee
. Moot Court Participant
. Winner, U.C. Davis/ A.B.A. Negotiations Competition
. Regional Finalist, Tempe, Arizona
B.A., History, University of California, Berkeley, 1983
. Academic Awards: College Honors Graduate, Honors in History
. President, Andres Castro Arms Cooperative House (52 people)
. Tutor, Willard Junior High School in English and History
University of Chicago
. Dean's List, 1979-1980
PROFESSIONAL ASSOCIATIONS
Chair and Vice Chair of the Business Law Committee of the Barristers Club
of the Bar Association of San Francisco (1991-1992).
Member, California State Bar (1989-present)
SIGNIFICANT TRANSACTIONS LIST
The following is a partial list of major commercial, merger & acquisition,
intellectual property and financing transactions on which I was lead
counsel:
At NetApp (all transactions on a company-wide, worldwide basis unless
otherwise noted):
. Represented the company in an approximately $25 Million information
technology and outsourcing transaction with IBM.
. Represented the company in procuring voice and data agreements with AT&T,
Verizon, Qwest, BT, France Telecom, Telefonica, BCE, Telus, Bhati,
Telstra and China Mobile in their respective countries.
. Represented the company in inbound licensing and hosting services
agreements with Oracle for a suite of customer, enterprise, database and
other applications.
. Represented the company in purchasing personal computers and
miscellaneous hardware and peripherals from Lenovo.
At Clorox:
. Represented the company in an outbound licensing transaction with the
American subsidiary of Esseplast for Clorox trademarks on a line of
kitchen cleaning tools being sold throughout North America and selected
other countries.
. Represented STP in an outbound licensing agreement with Marathon Oil for
STP trademarks and additives to be used at Marathon gasoline stations
throughout the Southern, Midwestern and parts of the Eastern United
States.
. Represented KC Masterpiece in an outbound licensing transaction with
Frito-Lay for KCM's trademarks and flavor profiles for use in Frito-Lay
products throughout North America.
. Represented the company in a worldwide, company-wide outsourcing and
information technology transaction with Accenture.
At Thelen Reid & Priest:
. Represented Moscape, an EDA software maker, in its merger with Magma
Design (approximate transaction value of $75 Million).
. Represented PixelCam, a CMOS designer, in its merger with Zoran
(approximate transaction value of $50 Million).
. Represented NEC Computers in the sale of its automobile electronics
assets to Honda Motor Company for approximately $50 Million.
At Ferrari, Olsen, Ottoboni & Bebb:
. Represented VA Linux in the stock for stock acquisition of a privately
held company for approximately $25 Million.
. Represented TAG Manufacturing, an electronic manufacturing services
company, in the sale of its assets, including real estate, to SCI (now
Sanmina) for approximately $165 Million.
. Represented Oztek, a semiconductor manufacturing equipment company, in a
merger with a publicly traded company which was acquired by KLA Tencor
(approximate transaction value of $50 Million).
. Represented four companies being acquired for approximately $175 Million
by U.S Concrete in a simultaneous merger IPO transaction.
. Represented the San Francisco 49ers as part of an approximately $1
Billion securitization transaction with the National Football League and
its teams.
. Represented Specialty Baking in a nationwide, exclusive supply agreement
with Togo's.
. Represented Showerman's Distribution Company, one of the fifty largest
beer distributors at the time, in its acquisition by Miller Brewing
Company for approximately $40 Million.
The following is a partial list of other major transactions on which I was
co-lead or secondary counsel:
At Thelen Reid & Priest:
. Represented TCI International (Nasdaq: TCII), a telecommunications and
cable television equipment manufacturer, in its acquisition by SPX
Corporation in an approximately $50 Million transaction.
. Represented Mandarin Oriental Hotels in financing transactions
aggregating approximately $160 Million with the District of Columbia
and an international syndicate of banks in establishing a development
group in the construction of a Washington, DC hotel.
At Ferrari, Olsen, Ottoboni & Bebb:
. Represented Symmetricom (Nasdaq: SYMM) in an approximately $25 Million
acquisition of the wireline assets of Hewlett Packard.
. Represented a pharmacy benefits management company in licensing its
software and forming joint ventures with Thrifty-Payless, Eckerds and
Walgreens.
. Represented Career Choices, a for-profit vocational and technical
educational provider, in obtaining three rounds of venture capital
financing from Lombard North America and in making several
acquisitions.