Michael Epstein is the head of Weil’s Technology & IP Transactions practice and is based in New York. Mr. Epstein’s practice involves transactions, litigation and counseling in all areas of intellectual property. His transactional work includes structuring and negotiating technology and intellectual property acquisitions and dispositions, technology transfer and licensing arrangements, outsourcing transactions, and joint ventures and other targeted alliances. He also has extensive experience with respect to commercial transactions such as supply and sourcing agreements, distribution and other marketing agreements, and services agreements, among others. He has extensive intellectual property litigation experience as well, including handling technology-related disputes and litigations involving non-compete agreements and false advertising.
Mr. Epstein is active in community, philanthropic and public service matters. He has served on advisory panels to Congress and to the National Academy of Sciences, Institute of Medicine on intellectual property matters. He is a Trustee of the Northwell Health System, the Feinstein Institute for Medical Research, Jewish Board of Family and Children’s Services and the Jonas Salk Foundation. He is a member of the Dean’s Advisory Council, College of Arts & Sciences, Lehigh University.
Selected Transactional Experience*
- American Securities in the $1.37 billion sale of Arizona Chemical Holdings Corporation.
- Array Biopharma, Inc., in its acquisition of the oncology drugs encorafenib and binimetinib from Novartis AG, and in the resolution of a dispute with Genentech, Inc.
- Antin Infrastructure Partners in its acquisition of FirstLight Fiber.
- athenaheath, Inc. in its pending $5.7 billion sale to Veritas Capital and Evergreen Coast Capital (an affiliate of Elliott Management Corporation) and planned combination with Virence Health.
- Avista in its acquisition of ZEST Anchors, Inc., in the combination of Vertical / Trigen Holdings, LLC with Osmotica Holdings Corp Limited; in the proposed $924 million merger of Avista Healthcare Public Acquisition Corp., a SPAC sponsored by Avista Capital Holdings, with Envigo International Holdings, Inc.; and MPI Research, Inc. in the approximately $800 million sale of MPI Research to Charles River Laboratories International, Inc.
- Brookfield Asset Management Inc. in its approximately $855 million acquisition of GrafTech International Ltd.
- Campbell Soup Company in its $6.1 billion acquisition of Snyder’s-Lance, Inc.
- Engility Holdings, Inc. in its approximately $1.3 billion stock-for-stock merger with TASC, Inc.
- EQT Partners and its portfolio company Sivantos Pte. Ltd. in its acquisitions of TruHearing, Inc. and Clearwater Clinical Limited.
- Getty Images in intellectual property, technology and content licensing matters, including in connection with Getty Images’ acquisition of PicScout.
- G & K Services, Inc. in its $2.2 billion merger with Cintas Corporation.
- Gores Holdings II, a SPAC sponsored by an affiliate of The Gores Group, in its transaction with Verra Mobility Corporation, with an initial enterprise value of approximately $2.4 billion.
- Heartland Dental Care, LLC in the sale, by Ontario Teachers’ Pension Plan and other existing shareholders, of a majority stake in Heartland to KKR & Co., with Ontario Teachers' retaining a sizeable ownership stake.
- The Home Depot, Inc. in its acquisition of the assets of The Company Store Group, LLC.
- Institut Pasteur including, the dispute between Institut Pasteur and the United States Government concerning the rightful discoverer of the AIDS virus and the inventorship of the AIDS diagnostic test, and collaboration agreements between Institut Pasteur and the United States Government concerning AIDS and avian flu.
- inVentiv Health, Inc. in its $4.6 billion merger with INC Research Holdings, Inc. creating Syneos Health, Inc.
- JAB Holding Company, as leader of an investment group, in that group's $13.9 billion take-private of Keurig Green Mountain, Inc.
- The Kroger Company in the $2.15 billion sale of its convenience store business unit to EG Group and its acquisitions of Roundy’s, Inc., Vitacost.com, Inc. and Relish Labs LLC (d/b/a Home Chef).
- Lantheus Medical Imaging in several matters including its acquisition of products from Epix Pharmaceuticals.
- L’Oréal USA in its $1.3 billion acquisition of the CeraVe, AcneFree and AMBI skincare product brands from Valeant Pharmaceuticals International, Inc. (n/k/a Bausch Health Companies), $1.2 billion acquisition of IT Cosmetics and acquisitions of Essie Cosmetics and Urban Decay Cosmetics.
- The McGraw-Hill Companies, Inc. (n/k/a S&P Global Inc.) in the divestiture of its education business.
- Nexeo Solutions, Inc. in its pending $2 billion sale to Univar Inc.
- Oak Hill Capital Partners in its acquisition of Edgewood Partners Insurance Center, Inc. (EPIC) and EPIC’s acquisition of Frenkel & Company.
- Ontario Teachers’ Pension Plan in its acquisitions of APCO Holdings, PetVet Care Centers, CSC ServiceWorks Holdings and Synergy Outdoors LLC; and in, together with L Catterton and others, the sale of PetVet Care Centers.
- Partners Group Limited in its acquisition of a majority stake in Pacific Bells, Inc. and World Wide Wings, LLC.
- Pirelli & C. S.p.A. in most major matters involving technology and intellectual property over the past 20 years.
- Providence Equity Partners its sale of World Endurance Holdings, Inc., operator of the Ironman Triathlon competitions, to Wanda Sports Holdings (USA) Inc., and in its acquisition of an equity stake in RentPath, Inc.
- Providence Strategic Growth Partners in its investment in Burning Glass Technologies.
- PSAV, Goldman Sachs and Olympus Partners (PSAV’s sponsors) in the sale of PSAV to Blackstone.
- Reorg Research, Inc. (at the time, a portfolio company of Susquehanna Growth Equity) in its sale to Warburg Pincus.
- Sanofi in numerous transactions, including its $25 billion exchange of Merial, its animal health business, for the consumer healthcare business of Boehringer Ingelheim GmbH, its $125 million investment in Warp Drive Bio and its acquisitions of Pluromed, Inc., Genzyme Corporation, and Chattem, Inc.
- Signet Jewelers Limited in its approximately $1.4 billion acquisition of Zale Corporation, its $328 million acquisition of R2Net, Inc., and in its $625 million sale of convertible preferred shares to Leonard Green & Partners, the proceeds from which were to be used to fund a repurchase of up to $625 million in Signet common stock.
- Snow Phipps Group in its acquisitions of DecoPac, Inc., Kele, Inc. and FeraDyne Outdoors, the acquisition by FeraDyne of Field Logic., Inc., and the acquisition by Cascade Environmental Holdings of TerraTherm, Inc.
- Straight Path Communications Inc. in its $3.1 billion sale to Verizon Communications Inc.
- Sun Life Financial Inc. in its acquisition of Prime Advisors.
- Technology Crossover Ventures in its $250 million minority investment in Vice Media.
- Thomas H. Lee Partners in its acquisitions and sale of a majority stake in 1-800 CONTACTS; acquisition of Systems Maintenance Services; its sale of a 50% interest in inVentiv Health, Inc. (n/k/a Syneos Health, Inc.), to Advent International, valuing inVentiv at $3.8 billion; and Intermedix Corporation in its $460 million sale to R1 RCM Inc.
- TPG Growth and TPG Special Situations Partners in their acquisition of a minority stake in Spotify Technology S.A.
- VIVUS, Inc. in a licensing and supply arrangement with Metuchen Pharmaceuticals LLC.
- The Walt Disney Company on intellectual property aspects of its $4 billion acquisition of Marvel Entertainment.
Mr. Epstein is the author of the treatises, Epstein on Intellectual Property and Modern Intellectual Property, a co-author of Online – Internet Law, International Intellectual Property, and a co-editor of Drafting License Agreements, The Corporate Counsellor’s Deskbook, The Departing Employee, Doing Business in Eastern Europe, Biotechnology Law, The Trademark Law Revision Act, Joint Ventures and Other Cooperative Business Arrangements, and Trade Secrets, Restrictive Covenants and Other Safeguards. He is the author of more than sixty articles on intellectual property law as well. He has lectured all over the world on intellectual property matters, including on such topics as trade secrets, biotechnology law, computer law, e-commerce, unfair competition, outsourcing, trademark law, licensing and non-compete agreements. Mr. Epstein is a founder and co-editor of Intellectual Property & Technology Law Journal; and a member of the Editorial Boards of Computer Lawyer, Intellectual Property Strategist, and Cyberspace Lawyer.
Mr. Epstein is consistently recognized as a leading lawyer for Technology & Outsourcing in Chambers USA and has been “praised for his outstanding ability in litigation and licensing, outsourcing and strategic alliance transactions” and as a “a seminal figure in the New York area” with “very wide-ranging and superior skills.” He was named to Legal 500’s “Hall of Fame” in both Patents: Licensing and Technology: Transactions and is recommended in Healthcare: Life Sciences. He is recognized as an “IP Star” for IP Transactions by Managing Intellectual Property and recognized by IAM Patent 1000, with clients noting he is “not like your typical external service provider – he acts like he’s in-house and provides extremely close support. In negotiations, he’s reasonable yet tough, and he really pushes to reach your objectives.” Mr. Epstein is also recognized as a leading lawyer for Technology Law in New York by Best Lawyers in America and for Intellectual Property by Super Lawyers.
Mr. Epstein is a member of the American Bar Association: Litigation Section; Intellectual Property Law Section; and Section on Business Law and a member of the New York State Bar Association: Intellectual Property Law Section.
Mr. Epstein is a member of the Firm’s Corporate Leadership Team and has been a member of the Firm’s Management Committee.
* Many of the acquisitions listed had separate technology/IP transactions as components of the larger transaction.