David P Merck


David Merck is an associate in Weil’s Technology & IP Transactions practice and is based in New York. David participates in advising Firm clients in a variety of matters relating to the licensing, acquisition, development, sale, use and commercial exploitation of intellectual property and technology. He also participates in advising clients regarding privacy and data security issues in the context of corporate transactions.

David has been part of the teams advising on the technology and the intellectual property aspects, as well as on the data privacy and cybersecurity aspects of the following matters:

  • Advent International in its acquisition of a substantial minority stake in Iodine Software, LLC, in a transaction that valued Iodine at more than $1 billion; its acquisition of a stake in Imperial Dade (a portfolio company of Bain Capital and Audax); and QW Holding Corp. (Quala) in its acquisition of PSC
  • American Securities in the pending $1.85 billion sale of its portfolio company ASP Acuren Holdings Inc. to Admiral Acquisition Limited and its acquisition of RealManage, LLC
  • Antin Infrastructure Partners in its acquisitions of Empire Access and North Penn Telephone Co Inc (together known as Empire)
  • Aterian Investment Partners in its acquisition of Allentown, LLC
  • Berkshire Partners and its portfolio company National Carwash Solutions Inc. in its acquisition of Zep Vehicle Care
  • Blackstone in its $300 million acquisition of a minority stake in Recurrent Ventures Inc. and its $130 million acquisition of a minority stake in PayCargo, LLC (a portfolio company of Insight Partners)
  • Blue Star Innovation Partners, along with institutional co-investors, in its acquisition of eMinor Inc.
  • Brookfield Asset Management and its portfolio company Westinghouse Electric Company, LLC, in the sale of the Power Delivery Business of BHI Energy to United Utility Services (a portfolio company of Bernhard Capital Partners)
  • Clayton Dubilier & Rice in the merger of its portfolio company Cynosure with Lutronic Corporation
  • Cornell Capital in its acquisition of Advancing Eyecare; and kdc/one Development Corporation, Inc. (kdc/one) in an investment by KKR and kdc/one's acquisition of Aerofil Technology, Inc.
  • CPP Investments, together with Blackstone, in the acquisition of Advarra, Inc., in a deal that implies an Advarra enterprise value of $5 billion
  • EQT Partners Inc. in its take-private acquisition of BTRS Holdings Inc. (Billtrust), in a transaction that valued Billtrust at $1.7 billion
  • First Light Acquisition Group Inc. in its merger with Calidi Biotherapeutics, Inc.
  • Genstar Capital and its portfolio company Marcone Supply (f/k/a Marcone Appliance Parts Center, Inc.) in the acquisitions of Munch's Supply, Professional Plumbing Group, The Bell Pump Service Company and The Simons Company, Inc.
  • Getty Images Inc. in its approximately $4.8 billion business combination with CC Neuberger Principal Holdings II, a SPAC formed by a partnership of CC Capital and Neuberger Berman
  • Glencore, CPP Investments and BC, as shareholders, in Viterra Ltd.’s approximately $18 billion business combination with Bunge Ltd.
  • Goldman Sachs in the sale of its Personal Financial Management unit to wealth management firm Creative Planning
  • Goldman Sachs Asset Management in its $300 million investment in Madhive; and its $1.04 billion equity investment and subordinated debt financing in World Insurance Associates LLC in a transaction that implies a World Insurance enterprise value of approximately $3.4 billion
  • Goldman Sachs, J.P. Morgan and another financial institution, as the lead underwriters, in a $1.1 billion initial public offering of UL Solutions Inc.
  • Graycliff Partners in its acquisition of a majority stake in Landmark Structures
  • Greater Sum Ventures in its acquisition of Utility Associates, Inc. and of Utility Associates, Inc.’s acquisitions of SOMA Global, Inc. and Strax Technologies, LLC
  • ICG Strategic Equity in its acquisition of an indirect interest in Datavant Group
  • IMTT Holdings LLC (a portfolio company of Riverstone Holdings LLC) in its sale of five bulk liquids storage terminals located in Alamogordo, NM, Bremen, GA, Macon, GA, Montgomery, AL and Moundville, AL to JET Infrastructure Holding IA LLC (a portfolio company of Instar Asset Management)
  • Iron Mountain Incorporated in its acquisition of Regency Technologies
  • Kologik Software, Inc. (a platform company of GSV Management, LLC) in its acquisition of Kologik, LLC
  • The Kroger Company in its pending $24.6 billion merger with Albertsons Companies, Inc. and its pending sale of Kroger Specialty Pharmacy to CarelonRx Inc.
  • The Kroger Company, along with The Albertsons Companies, Inc., in the approximately $1.9 billion sale of 413 stores, as well as select banners, distribution centers, offices and private label brands, to C&S Wholesale Grocers, LLC in connection with Kroger’s proposed merger with Albertsons Companies Inc.
  • Lee Equity Partners in its sale of Cadent Technology, Inc. to Novacap Investments, Inc.
  • Main Event Entertainment, Inc. (a subsidiary of Ardent Leisure Group Limited in which RedBird Capital is a minority investor) in its $835 million sale to Dave & Buster’s, Inc.
  • Montagu Private Equity in RTI Surgical, Inc.’s acquisition of Cook Biotech Incorporated and Cook Biotech Europe ApS
  • Nexa Equity in its investment in, and secondary purchase of shares of, HomeTown Ticketing, Inc.; and in its acquisitions of Easy Metrics Inc. and Storewise, Inc.
  • Ontario Teachers' Pension Plan in its acquisition of a majority stake in Vantage Elevator Solutions
  • L’Oréal USA in its acquisition of Skinbetter Science
  • PSG in its acquisitions of DoseSpot, Fidelity Payment Services, Inc., a minority stake in AirWorks Solutions, Inc., mPulse Mobile, Inc.; mPulse Mobile, Inc. in its acquisitions of HealthTrio LLC and Decision Point Healthcare Solutions LLC; Kenect, LLC in its acquisition of Friendemic Inc.; SchoolStatus LLC in its acquisitions of ClassTag Inc. and TeachBoost; PRN Software LLC (d/b/a DoseSpot) in its acquisition of pVerify, Inc.; Netsurion LLC in the sale of its Secure Edge Networking business segment to Acumera, Inc. (a portfolio company of Peak Rock Capital); Sovereign Sportsman Holdings, LLC in its sale to PayIt, LLC; and Vertical Knowledge L.L.C. in its sale to Babel Street, Inc. (a portfolio company of Veritas Capital Fund Management, L.L.C.)
  • Quest Diagnostics Inc. in its $300 million acquisition of Haystack Oncology
  • Searchlight Capital Partners, together with co-investors Ares Management and Solamere Capital, in the acquisition of Integrated Power Services, LLC
  • Seven2 and its portfolio company Vitaprotech Group SAS in its pending acquisition of the physical security, access card, and identity reader operations and assets of Identiv, Inc.
  • TPG Global, as co-lead investor (along with Thoma Bravo), in a $420 million investment in project44, Inc. (a portfolio company of OpenView Venture)
  • TruArc Partners (f/k/a Snow Phipps Group) in its acquisition of Trademark Cosmetics, Inc.; and its acquisition of Watchtower Security, LLC
  • Trive Capital and its portfolio company Earthlink in its acquisition of One Ring Networks, Inc.
  • Warburg Pincus, as a co-investor with One Equity Partners, in the formation of Eco Material Technologies Inc. through a business combination with Green Cement Inc. and the $1 billion acquisition of Boral Resources LLC
  • Westinghouse Electric Company, LLC (a portfolio company of Brookfield Business Partners) in its acquisition of BHI Energy

Prior to joining Weil, David was a Privacy and Cybersecurity associate at another international law firm. During law school, he served as a judicial intern to the Honorable Judge Kenneth M. Karas of the U.S. District Court for the Southern District of New York.

David received his J.D. from Georgetown University Law Center, where he served as Executive Operations Editor of The Tax Lawyer, and his B.A. from Boston College.

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