David C. Meyer
Mr. Meyer heads the office’s Corporate and Real Estate Transactional practice. Mr. Meyer’s nationally recognized transactional practice is adapted to the wide-ranging needs of his clients which include international corporations, auto industry companies, emerging growth companies, select startups and prominent individuals. Mr. Meyer provides effective counsel throughout the business life cycle from formation through operations, expansion, and eventual sale. His practice focuses on business transactions, real estate, financings, intellectual property, and mergers and acquisitions.
Recent representative matters include consummation of the following transactions:
Advised a national dealer group in its acquisition of its first Texas car dealership. Mr. Meyer and his team also advised our client's acquisition entities on the acquisition of the real property underlying the dealership. Mr. Meyer was able to close the transaction quickly and smoothly, in advance of the client’s aggressive year-end closing target.
Advised a regional dealer group in its refinancing of one of its dealership’s commercial mortgage. Mr. Meyer negotiated loan documents with the financing company’s counsel, provided corporate counsel to the client, and advised on title matters. Despite a difficult lending environment, the transaction closed quickly and smoothly only a few days after the loan documents were finalized.
Advised a luxury automotive retailer on the successful sale of two of its dealerships to the nation’s third-largest automotive retailer.
Advised a California technology startup in acquiring its first California dealership and related matters. The startup is primarily involved in digitizing automotive sales and providing cloud-based dealer management software aimed at outperforming the current dealer management systems available in the market.
- Advised a Mexico-based dealership group on its disposition of its California operations, which resulted in them being able to avert bankruptcy, work-out complicated financial arrangements with the manufacturer and its financial affiliate, and consummate the sales of all six of its California dealership franchises.
- Advised a Canadian dealership group on its acquisition of the Santa Monica, CA Ford and Lincoln dealerships, expanding the dealership group’s presence from Canada into the United States. As part of the transaction, Arent Fox advised the acquisition entity in its organizational matters, its financing arrangements with its American partner, and with respect to employment matters for the dealerships’ employees.
- Advised a regional dealer group on a high value sale of two dealerships and the lease of the underlying properties to a Canadian automotive group. The acquisition transaction, which took about ten months to complete, was notable for its high multiple of earnings which triggered a Hart Scott Rodino filing.
- Advised a regional dealer group in the sale of its dealership assets and real property to an affiliate of an international automotive dealership group.
- Advised an automotive dealership in the sale of its assets, the sale of underlying real estate in a multi-parcel 1031 real property exchange in Hollywood, California, and in associated leasing matters.
- Advised a large automotive group in its ongoing expansion, recently closing real property and dealership acquisitions in Huntington Beach, California.
- Advised a prominent private equity fund in the formation of its auto retail joint venture with a prominent auto retail operator and in the acquisition of its first dealership groups. The deal involved a complicated operating structure, several obstacles to manufacturer approvals and substantial due diligence. The deal reflects a trend of increasing private equity interest in the auto retail business sector.
- Advised one of the 100 largest auto groups in the nation, in its successful sale of eleven automobile dealerships, a collision center, and fourteen associated real estate properties. The dealerships and real estate were sold to the largest privately held automotive group in the nation. Among the brands sold were Lexus, BMW, Infiniti, Honda, Buick GMC, Chrysler Jeep Dodge Ram, Alfa Romeo, Fiat, Cadillac, Volvo and Volkswagen. The size of the transaction which was among the largest in the industry in 2015, resulted in a complex closing process and required a Hart Scott Rodino filing.
- Advised a Texas and Mexico based dealership group in its successful acquisition of a flagship dealership in downtown San Francisco. The deal was notable for the location of the dealership and the financial assistance of the manufacturer in making the transaction go forward. Arent Fox negotiated a very favorable Framework Agreement on behalf of the companies and Mr. Meyer consummated the acquisition, which substantially expands the client’s footprint in Northern California.
- Advised a large regional dealer group in its expansion and in its acquisition of a large local competitor. Mr. Meyer oversaw a team which handled the transaction and the complex real estate transactions which closed concurrently with it.
- Advised one of the nation’s largest private dealer groups in the country in its acquisition of Honda, Volkswagen and Buick/GMC dealerships in Orange County.
- Advised the country’s 10th largest dealership group in its first California dealership acquisition. Mr. Meyer led the Arent Fox team which advised the client on the high-value acquisition, in its California employment practices and compensation structure, regulatory compliance and licensing, and in the related real estate matters.
- Advised the owner of a high-line automobile franchise in Northern California and its affiliated real estate entity in a high value disposition of the business and a long-term lease with the new owner.
- Advised the sellers of three dealerships in San Juan Capistrano on the disposition and in the related sale and leasing transactions involving the underlying real estate.
- Advised the buyer in the acquisition of two automobile franchises located in Florida.
- Advised ownership group in the sale of its stock and equity interests in seven dealerships located in Maryland and the associated real estate entities in a $100 million dollar transaction complicated by deep divisions among the owners regarding the future direction of the companies.
- Advised client in the acquisition and financing of a multi-million dollar commercial real estate property currently operated as an automobile dealership.
- Advised a large regional automotive dealer group in closing a Silicon Valley dealership acquisition following the manufacturer’s exercise of its right of first refusal.
Advised Krispy Kreme Doughnut Corporation on a series of recently closed transactions through which Krispy Kreme acquired the franchise rights, operating assets, equipment, personal property, rights, goodwill, and business of 11 Krispy Kreme stores in Florida.
Advised W.K.S. Krispy Kreme, LLC, a subsidiary of Krispy Kreme Doughnut Corporation on a recently closed transaction through which W.K.S. Krispy Kreme acquired the franchise rights, operating assets, equipment, personal property, rights, goodwill, and business of 7 Krispy Kreme stores located in Northern California.
Advised Krispy Kreme Doughnut Corporation on a recently closed transaction through which Krispy Kreme acquired the franchise rights, operating assets, equipment, personal property, rights, goodwill, and business of the Krispy Kreme store in Wisconsin.
Advised Krispy Doughnut Corporation on a series of acquisitions through which the company acquired the franchise rights, operating assets, equipment, personal property, rights, goodwill, and business of 23 franchised stores located in Texas, Georgia, and North Carolina. These acquisitions achieved a significant milestone for the company’s strategic plan. Mr. Meyer led the team which advised on all aspects of the asset purchase transactions, including due diligence, employment issues, and real estate matters.
Advised Krispy Kreme Doughnut Corporation on two simultaneous asset purchase transactions for the purchase of substantially all the franchise rights, operating assets, equipment, personal property, rights, goodwill, and business of 6 stores located in Missouri and Illinois. David advised on all aspects of the transaction, including due diligence, drafting of the transaction documents, employment issues, and the associated real estate matters.
Advised Krispy Kreme Doughnut Corporation on a joint venture transaction through which the company acquired a controlling interest in 31 stores, located in seven Western and Mid-Western states. Concurrently with the closing, the joint venture closed an asset purchase transaction and acquired six of the stores located in Nevada and Colorado.
Advised a private equity-backed consolidator in the plastics injection molding industry in its successful acquisition of a company in that industry. The acquisition, the client’s twelfth in sixteen months, continued the client's aggressive growth strategy, focused on building the plastics industry’s most comprehensive and vertically integrated solution provider.
- Led the legal team in a complex sale process for a large regional insurance brokerage in its successful sale to a private equity-backed roll-up of leading independent property, casualty, and employee benefits brokerage firms.
- Advised a mixed martial arts event promoter in the sale of its media library consisting of 470 televised mixed martial events, compilations, and certain media rights. The media rights will have an initial term until the end of 2017 with an option to extend until the end of 2023.
- Advised a small business private equity firm in a credit facility with a bank providing up to $50 million in leverage for its acquisition of consumer and business loan portfolios to two of its affiliated funds. The credit facility will be used to fund the acquisition of loans originated via the Lending Club and Funding Circle platforms.
- Advised a private equity fund in its recent acquisition of a company offering an online marketplace for medical devices.
- Advised a nutriceutical company in protecting its intellectual property, expanding its distribution, and rapidly increasing its sales.
- Advised a nutriceutical company in its business and legal affairs including consummating an agreement with a foreign sovereign fund to finance its clinical trials.
- Advised the management of a television and film production rental company in a management-led, leveraged buyout of a private equity portfolio company and in the preparation of its operating agreement.
- Advised a National League baseball manager in the disposition of his ownership interest in his former team.
- Advised a sports promotion company in the placement of a significant equity stake with its cable broadcaster.
- Advised an electronics manufacturing company in the sale of its stock to private equity.
- Advised a prominent jewelry designer in all aspects of its global business.
Publications, Presentations & Recognitions
Mr. Meyer has received the AV® Peer-Review Rating by Martindale-Hubbell.
National Association of Dealer Counsel (NADC), Member (2013–present)