Ash Nagdev

Litigation

• A major technology conglomerate in obtaining a settlement with the Federal Trade Commission in connection with its data privacy practices.
• Kroger Co. with regard to the Accellion data breach, which involved a complex supply chain data security incident and response, as well as class action claims attempting to press a novel theory of liability for downstream customers of a compromised vendor.
• A major computer software company in securing a complete defense jury verdict on all issues, including patent infringement, patent invalidity, trade secret misappropriation, breach of contract, and various other state law claims.
• After filing a Motion to Disqualify, represented a major electronics manufacturer accused of patent infringement to a de minimis settlement.
• A cellular communications provider in obtaining summary judgment of non-infringement against a non-practicing entity who had been successful in previous cases against similarly situated defendants.

Transactions

Conducted privacy and cybersecurity diligence counseling regarding the following transactions:

• A fund managed by Macquarie Asset Management in its agreement to acquire a 40% equity interest in Diamond Infrastructure Solutions (Diamond) from Dow Inc. for approximately US$2.4 billion. Diamond provides specialist infrastructure services to Dow and other industrial customers at five Dow manufacturing sites in Texas and Louisiana.
• Churchill Downs Incorporated in its US$250 million acquisition of Exacta Systems. 
• Avid Technology, Inc. in its all-cash US$1.4 billion acquisition by an affiliate of STG, inclusive of Avid’s net debt. 
• Cyble, Inc., a developer of cyber intelligence software intended to help with the dark web and cybercrime monitoring, in its US$24 million Series B financing round co-led by Blackbird Ventures and King River Capital with participation from Spider Capital, January Capital, Summit Peak Ventures, and others. 
• Azelis, a global innovation service provider in the specialty chemicals and food ingredients industry, in its acquisition of 100% of the shares of Gillco Ingredients. 
• Lightspin Technologies, a contextual cloud security platform, in its pending acquisition by Cisco. 
• Simeio – a portfolio company of media, entertainment, communications, and technology private equity firm ZMC – in its acquisition of PathMaker Group, which provides identity management services and solutions. 
• Magna International Inc. in its agreement to acquire the Veoneer Active Safety business from SSW Partners for US$1.525 billion in cash. 
• Fortune Brands Home & Security, Inc., a home and security products company, in its definitive agreement to acquire the Emtek and Schaub premium and luxury door and cabinet hardware business and the U.S. and Canadian Yale and August residential smart home locks business from ASSA ABLOY, Inc., for a purchase price of US$800 million in cash on a cash-free, debt-free basis, subject to customary adjustments. 
• Media, entertainment, communications, and technology private equity firm ZMC in its strategic investment in Wpromote, an independent digital marketing agency. 
• Walgreens Boots Alliance in its agreement to acquire the remaining approximately 30% stake of Shields Health Solutions for US$1.37 billion. 
• CafeMedia – a portfolio company of media, entertainment, communications, and technology private equity firm ZMC – in its acquisition of Slickstream, an engagement product for independent publishers, from Hivepoint. 
• Discovery Education, a global edtech company backed by Clearlake Capital Group, L.P., in its acquisition of Minneapolis, MN-based Pivot Interactives SBC.
• Hero Mighty Patch® brand in its acquisition by Church & Dwight Co., Inc. for US$630 million.
• Walgreens Boots Alliance in its acquisition of a majority stake in CareCentrix.
• Insurtech company Zywave, Inc., backed by Clearlake Capital Group, L.P. and Aurora Capital Partners, in its acquisition of Columbus, Ohio-based Strategic Insurance Software (SIS).
• Colliers in its investment in Versus Capital, a U.S. alternative real asset management firm with approximately US$6.0 billion of assets under management.
• Clearlake Capital Group, L.P. in its agreement to sell Brightly Software, Inc. to Siemens AG for US$1.575 billion of upfront cash consideration, along with US$300 million in cash earn-out payments, for a total of US$1.875 billion.
• GIC, OMERS Infrastructure, and Wren House in their purchase of Direct ChassisLink, Inc. from funds managed by affiliates of Apollo Global Management and EQT.
• Perforce Software, a provider of solutions to enterprise teams backed by Francisco Partners and Clearlake Capital Group, L.P., in its acquisition of Puppet.
• Provation Software in its US$1.425 billion sale to Fortive Corporation.
• Guaranty Federal Bancshares, Inc. in its sale to QCR Holdings, Inc.
• Omnicell in its US$82 million acquisition of MarkeTouch Media.
• Youth to the People, an LA-based skincare company, in its sale to L’Oréal.
• GIC in connection with its agreement to acquire an indirect 19.9% equity interest in Duke Energy Indiana, a subsidiary of Duke Energy (NYSE:DUK), for a total purchase price of US$2.05 billion.
• Zywave, Inc., a leading Software-as-a-Service (SaaS) provider of front office distribution solutions backed by Clearlake Capital Group, L.P. and Aurora Capital Partners in its acquisition of Insurance Technologies Corporation (ITC), a provider of marketing, rating, and management software and services to the insurance industry, from Accel-KKR.

• Member, Law360’s 2023 Cybersecurity & Privacy Editorial Advisory Board
• Member, The Indus Entrepreneurs (TiE), an organization dedicated to generating and nurturing the next generation of entrepreneurs 
• Serves on the Pro Bono Advisory Council of Community Legal Services in East Palo Alto (CLSEPA) and conducts pro bono work with the organization.
• Member, International Association of Privacy Professionals (IAPP)