David E. Rosewater

David E. Rosewater is a partner in the New York office, where his practice focuses on private equity, mergers & acquisitions, leveraged buyouts and activist investing. David has represented numerous corporate and private equity buyers and sellers, including in connection with the acquisitions of GMAC, Austrian bank Bawag, the Mervyn’s department store chain, tabletop icon Lenox Group, certain Newell Rubbermaid divisions, and the factoring businesses of GE Capital and HSBC Business Credit. He has represented activist investors in connection with a number of major campaigns, including those involving CNET Networks, CSX Corp. and ASA Ltd.

David received his B.A., with distinction, from the University of Michigan and his J.D., cum laude, from New York University School of Law. He co-authored the U.S. chapter of The International Comparative Guide to: Corporate Governance 2009 (Global Legal Group) and contributed to Shareholder Activism Insight, a 2008 report created in association with mergermarket.

Selected Representations

Private Equity/Leveraged Buyouts
Represented Cerberus Capital Management L.P. in connection with the acquisition of Austrian bank BAWAG P.S.K. from Austrian trade union O.G.B.

Representation of Cerberus Capital Management L. P. in connection with the acquisition of 51% of GMAC LLC from General Motors Corp.

Representation of Cerberus Capital Management L.P. in connection with the acquisition of Rafaella Apparel Group Inc.

Representation of GenNx360 Capital Partners L.P. in connection with the acquisition of Vertex Data Sciences Ltd.

Representation of Cerberus Capital Management L. P. in connection with the acquisition of the cookware, glassware and picture frame businesses of Newell Rubbermaid Inc.

Representation of Cerberus Capital Management L.P. in connection with the acquisition of a majority interest in EXCO Resources, Inc. pursuant to a management buyout.

Representation of Cerberus Capital Management L.P. in connection with its acquisition of Mervyn's department stores from Target Inc.

Representation of Cerberus Capital Management L.P. in its acquisition of Cingular Interactive, L.P. and subsequent sale to Sprint Corp.

Distressed Acquisitions/Investments
Representation of term loan lender group led by Clarion Capital Partners LLC in connection with the acquisition of the assets of Lenox Group Inc. and its subsidiaries.

Representation of Cerberus Capital Management L.P. in connection with the refinancing transactions of GMAC LLC including a $21 billion bond exchange, $5 billion TARP investment by the US Treasury, $2 billion investment by Cerberus and General Motors and conversion into a bank holding company.

Representation of Cerberus Capital Management in connection with its acquisition of the core assets of Teleglobe Inc. and its subsidiaries.

Representation of Cerberus Capital Management in connection with the acquisition of the assets of Green Tree Financial from Conseco Finance Corp.

Representation of Leucadia National Corporation in connection with the acquisition of a controlling interest in WilTel Communications Group Inc. in connection with a Plan of Reorganization.

Representation of Metrocall Inc. in connection with the acquisition of the assets of Weblink Wireless Inc.

Representation of Cerberus Capital Management in connection with the acquisition of the assets of Anchor Glass Container Corp.

Mergers and Acquisitions
Representation of The CIT Group/Commercial Services Inc. in the acquisition of the factoring businesses of GE Capital Corporation and HSBC Business Credit (USA) Inc.

Representation of SSA Global Technologies Inc. in connection with its acquisitions of Infinium Software Inc. and EXE Technologies Inc.

Representation of Teleglobe International Holdings Ltd. in connection with its acquisition of ITXC Corp.

Representation of Teleglobe International Holdings Ltd. in connection with its merger with VSNL Communications.

Representation of Agency.com in connection with its acquisition by Omnicom Group.

Representation of DoubleClick Inc. in its acquisitions of MessageMedia Inc. and FloNetwork.

Activist Investing
Represented the Children's Investment Fund in its proxy contest involving CSX Corp.

Represented JANA Partners in its activist campaign involving CNET Networks.

Represented Pershing Square in its investments in McDonald's and Target Corp.

Represented Laxey Partners in its proxy contest involving ASA Ltd.

Represented Outpoint Capital in its proxy contest involving Footstar Inc.

Selected Publications

Selected Speaking Engagements

Bar Admissions

• New York

Education