Dewey & LeBoeuf refugees Keith Flaum and Morton Pierce, both of whom left the now-defunct firm in May as it spiraled toward its death, are advising clients Oracle and Sony/ATV and EMI Music Publishing on a pair of notable deals this holiday season.
In its latest acquisition in the cloud-computing sector, Oracle has announced its $871 million purchase of Vienna, Virginia–based Eloqua.
Goodwin Procter corporate partners Stuart Cable, David Cappillo, and Lisa Haddad, tax partner Janet Andolina, labor and employment partner Robert Hale, and employee benefits chair Marian Tse are leading a team from the firm advising Eloqua.
The automated marketing and demand generation software company tapped Cappillo and Goodwin Procter technology partner Christopher Austin to advise on its $92 million initial public offering in August. An SEC filing by Eloqua shows that the listing yielded $1.9 million in legal fees and expenses. Stephen Holsten serves as general counsel and secretary of Eloqua.
Flaum, a M&A partner now safely ensconced at Weil, Gotshal & Manges, joined the firm this past spring with a team of West Coast lawyers fleeing Dewey. Flaum is advising Oracle on its purchase of Eloqua, the latest in a string of deals he has handled for the Santa Clara, California–based software giant.
While still at Dewey, Flaum took the lead for Oracle earlier this year on its $1.9 billion buy of human resources software maker Taleo. For its part, Weil advised Oracle in July when the company picked up network virtualization provider Xsigo Systems for an undisclosed price.
Oracle has spread its transactional work among several firms over the past few years. This summer Oracle picked up two companies—social media analysis firm Collective Intellect and real estate and construction software maker Skire—for undisclosed sums. Bingham McCutchen advised Oracle on the Skire deal.
Last year Oracle turned to Latham in connection with its $1.5 billion acquisition of cloud computing company RightNow Technologies. Latham also counseled Oracle on its $7.4 billion acquisition of Sun Microsystems in a 2009 deal that saw Magic Circle firm Clifford Chance brought on to secure antitrust approval in Europe.
In 2010 Oracle turned to Davis Polk & Wardwell for counsel on its $1 billion acquisition of e-commerce software provider the Art Technology Group.
Oracle cofounder and CEO Lawrence Ellison has also kept several Am Law 200 firms advising on some of his personal endeavors. The Am Law Daily reported this summer on a DLA Piper partner’s role representing Ellison on his purchase of Hawaii’s sixth-largest island. Arent Fox, meanwhile, advised Ellison in connection with his unsuccessful bid to buy the National Basketball Association’s Golden State Warriors in 2010, according to our previous reports.
Brian Higgins, associate general counsel for M&A at Oracle, is leading the in-house team working on the company’s acquisition of Eloqua. Dorian Daley serves as Oracle’s general counsel and company secretary.
Flaum wasnt the only Dewey defector to clinch a notable deal this holiday season.
Morton Pierce, a former M&A heavyweight at the firm and onetime chair of predecessor firm Dewey Ballantine, is advising Sony/ATV and EMI on their $90 million sale of select music catalogs to BMG Rights Management, a joint venture between private equity firm KKR and German media giant Bertelsmann.
Ex-Dewey-turned-White & Case M&A partners Chang-Do Gong and Robert Chung are also working on the deal for Sony/ATV and EMI, along with White & Case IP and information technology partner Stefan Mentzer.
The sale to BMG includes catalogs owned by Virgin Music Publishing Companies and Famous UK Music Publishing, which control the rights to some 30,000 songs by artists such as Culture Club, Nirvana, and Tears for Fears. The deal comes on the heels of Citigroup’s $4.1 billion sale of EMI last year, a deal in which Dewey was one of nine firms to take an advisory role, according to our previous reports.
Media representatives for Berlin-based BMG did not immediately respond to a request for comment about the company’s external legal advisers. Stanley Schneider serves as senior vice president for business and legal affairs at BMG Chrysalis, an entity formed in 2010 by the $168.6 million merger between the two music publishers.