Daren Orzechowski

Daren Orzechowski

Partner

Email

daren.orzechowski@aoshearman.com

Phone

16503881701

Offices

Silicon Valley

San Francisco

Links

Twitter

LinkedIn

V-CARD
Daren is Technology Sector Lead.

He focuses on M&A and technology transactions. For more than 20 years, Daren has represented clients from a variety of industries in connection with their most important strategic intellectual property, data and technology-focused transactions. He regularly counsels clients in connection with M&A and IP strategy and licensing matters.

Daren is recognized as a top technology deal lawyer both in Silicon Valley, where he is based, and globally. He has handled matters relating to a wide variety of technologies, including cloud computing and software-as-a-service offerings, drones, autonomous vehicles, semiconductors, artificial intelligence, social media, infrastructure and platform technologies, blockchain, and augmented and virtual reality related technologies. This experience provides him with a broad perspective that is essential to analyzing difficult legal issues related to new and emerging technologies. He is ranked by Chambers, Legal 500, IAM Patent 1000, and IAM Strategy 300: The World’s Leading IP Strategists.

Private equity and venture capital investors as well as large corporate and start-up clients seek Daren's advice regarding transactions involving the acquisition, development and licensing of intellectual property, software, hardware and data. Daren has also assisted clients in forming new funds for investment into the technology industry. He has an extensive track record in M&A, strategic alliances, outsourcing, and licensing arrangements, as well as day-to-day operational matters ranging from product development to supply chain issues for devices and cloud-based solutions. He regularly handles complex international joint ventures and corporate transactions and projects related to digitization and information technology.

Expertise

Industries

Experience

Representative matters

  • Meta in connection with various intellectual property, product, content, and technology transactions matters, including numerous transactions relating to its Facebook, Messenger, Instagram, and various augmented and virtual reality offerings.
  • Intel in a series of acquisitions of technology companies: Intel Corporation, in a series of acquisitions of technology companies innovating in sectors such as AI, deep learning, semiconductors, autonomous vehicles, drones, and IoT, including acquisitions of innovative technology companies in Germany, Russia, Italy and Asia.
  • Haveli Investments, a leading technology focused private capital firm, in connection with its formation and portfolio company investments.
  • Creation of the Crypto Open Patent Alliance (“COPA”): A financial services and digital payments company in connection with the creation of the Crypto Open Patent Alliance (“COPA”), a unique non-profit community formed to encourage the adoption and advancement of cryptocurrency technologies and to remove patents as a barrier to growth and innovation.
  • Zendesk in connection with various transactions, including its acquisition of Klaus, a provider of a leading AI-powered service quality management platform.
  • Aidentyx, a provider of smart manufacturing asset performance management software products, in connection with its formation and spinoff from BIStelligence.
  • Bain Capital Ventures in connection with various venture capital investment transactions.
  • Slack regarding various technology transactions: Slack, in connection with various technology transactions, involving its products and infrastructure, data privacy and policy matters, and customer contracts and terms of use, including transactions with key partners such as Amazon Web Services and IBM.
  • EchoStar Corp., in connection with various transactions, including a spin-off of certain technology and infrastructure assets relating to satellites and set-top boxes, and separating such business from its DISH Network consumer pay-TV business; and an exchange of its EchoStar Technologies businesses for the Hughes Retail Group tracking stock owned by DISH Network Corp., which was effectively a carve-out M&A transaction involving the cross-licensing of valuable intellectual property and information technology assets.
  • Salesforce, in connection with various transactions ranging from alliances with data provider partners to M&A transactions.
  • Baring Private Equity Asia and its portfolio company, Prometric, on its acquisition of Academic Merit (DBA Finetune Learning), a leading innovator in artificial intelligence-assisted education and workforce software tools.
  • Pegasus Capital in its acquisition of a significant equity interest in Six Senses Group, a luxury resort and spa management and development company, which manages resorts and spas under the brand names Soneva, Six Senses and Evason and Six Senses Sanctuary.
  • Iconix Brand Group, Inc., a brand management company, in a variety of transactions including an acquisition of the UMBRO brand from Nike, Inc.; sale of its entertainment division, which included the rights to Peanuts, including content featuring Snoopy, Charlie Brown, Lucy and other well-known characters, and Strawberry Shortcake and its related characters, to DHX Media Ltd.; sale of its SHARPER IMAGE business.; a transaction with Madonna resulting in the creation of a MATERIAL GIRL-branded line of clothing and a creation of a joint venture with a Hong Kong-based company to expand Iconix's business in Asia.
  • Anthem, Inc., one of the nation’s largest health benefits companies, in a number of transactions including an acquisition of myNEXUS Inc., a post-acute benefits management company focused on delivering innovative home and community-based product offerings; an acquisition of InnovaCare Health, L.P.’s Puerto Rico-based subsidiaries, including MMM Holdings, LLC, one of the fastest-growing vertically integrated healthcare organizations in the United States; an acquisition of Beacon Health Options, the largest independently held behavioral health organization in the United States, from Bain Capital Private Equity; an acquisition of Aspire Health, Inc., the nation’s largest non-hospice, community-based palliative care provider; a sale of 1-800 CONTACTS, INC., a leading contact lens retailer, to Thomas H. Lee Partners; its related sale of 1-800 CONTACTS' glasses.com business to Luxottica; and a sale of its pharmacy benefit management business to Express Scripts, Inc. 

Pro bono

  • The Multiple Myeloma Research Foundation advising in connection with various trademark and commercial contracting matters.
  • Myeloma Investment Fund in connection with various philanthropic venture capital investment transactions, including investments into Cullinan MICA, Indapta Therapeutics, and Fortis Therapeutics.

Speaking Engagements

  • “IBA Roundtables: SPACs and Technology Companies,” sponsored by the International Bar Association’s Technology Law and Communications Law Committees, May 6, 2021 
  • “Trends in Technology Deal-Making: From Silicon Valley and Around the World” at the International Bar Association’s Virtually Together Annual Conference, November 18, 2020 
  • “Technology Transactions: Connecting the World – Recent Developments for IP and Technology Transactions Attorneys,” at the Association of Corporate Counsel (ACC) – San Francisco Bay Chapter’s conference entitled “Deal or No Deal,” October 28, 2020 
  • “IBA Roundtables: The Effects of Schrems II on Trans-Atlantic Data Sharing,” sponsored by the International Bar Association’s Technology Law and Communications Law Committees, October 2, 2020 
  • “Content Moderation and the Coronavirus,” at Legal Frontiers in Digital Media sponsored by Berkeley Center for Law & Technology and Media Law Resource Center, April 15, 2020 
  • “Technology Transactions Lawyers: A New Hope – Recent Developments for IP and Technology Transactions Attorneys,” at the Association of Corporate Counsel (ACC) – San Francisco Bay Chapter's conference entitled “Deal or No Deal,” November 7, 2019 
  • “Digital Assistants: Rise of the Machines” at the International Bar Association’s Annual Conference, September 23, 2019 
  • “Resolutions and Recent Developments for IP and Technology Transactions Attorneys,” at the Association of Corporate Counsel (ACC) – San Francisco Bay Chapter’s conference entitled “ACC's Resolutions to Kick Start your 2019!,” January 9, 2019 
  • “Don’t Get Blinded by the Dark Side: Recent Developments for IP and Technology Transactions Attorneys,” at the Association of Corporate Counsel (ACC) – San Francisco Bay Chapter’s conference entitled “Deal or No Deal,” November 9, 2017 
  • “Disruption or Protection? The impact of privacy, data protection, and cybersecurity laws on the adoption and use of technology,” at the International Bar Association’s Annual Conference, September 22, 2016 
  • “How Recent Supreme Court and other Federal Cases May Impact Your Tech Transactions and IP Agreements,” at the Association of Corporate Counsel (ACC) – San Francisco Bay Chapter's conference entitled “Deal or No Deal,” November 19, 2015 
  • “Cornerstones of Success for IT Services Contracts,” at the International Bar Association Annual Conference, Technology Law Committee, October 5, 2015 
  • “How to Succeed with Apps and Technology Development,” at the International Bar Association’s Silicon Valley from Start-Up to IPO/Exit Conference: The Growth of Venture Capital and Private Equity in Silicon Beach and Beyond, September 18, 2014 
  • “Legal Issues Raised by Data Security Breaches,” at the ISACA New England Annual Conference, June 17, 2014 
  • “Advising Start-Up Life Sciences and Technology Companies From Creation to Exit: Setting Up a Winning Team and Corporate Structure,” at the International Bar Association’s Annual Conference, October 9, 2013 
  • “Software as a Service Contract,” at the Association of Corporate Counsel (ACC) – San Francisco Bay Chapter’s conference entitled “Deal or No Deal 2011: Digging Deep in the Box,” November 16, 2011 
  • Panel moderator, “Do I Have a Deal for You (a mock negotiation of indemnification and other risk related provisions),” at the Association of Corporate Counsel (ACC) – San Francisco Bay Chapter's conference entitled “Deal or No Deal: Advanced Contracts in a Box,” November 12, 2010 
  • Panel moderator, “Consumer Protection, Data Portability and Competition,” at Berkeley Center for Law & Technology's conference on Emerging Law & Policy Issues in Cloud Computing, March 12, 2010 
  • “Distinguishing the Cloud from the Fog: A Practical Legal Approach” at the East Coast CIO Forum, May 17, 2010 
  • “Hey, You, Get on to My Cloud: Issues Facing Vendors and Clients in Cloud Computing” at White & Case Palo Alto Breakfast Briefing, October 1, 2009, and New York Breakfast Briefing, December 10, 2009 
  • Panel moderator, “Sports Merchandising and Memorabilia,” at Fordham Law School's 12th Annual Sports Law Symposium, April 11, 2008

Leadership Positions And Professional Affiliations

  • Member, American Bar Association (including the ABA’s Intellectual Property Law and Business Law Sections)
  • Member, California Lawyers Association’s IP Section’s Licensing and Technology Transactions group
  • Former Officer, Technology Law Section of the International Bar Association

Recognition

“…Daren Orzechowski, who is known for his efficiency and accuracy of execution when it comes to transformational deals. His tech knowledge is on par with the best in Silicon Valley.”
IAM Strategy 300
“Daren Orzechowski is very responsive with lots of experience and knowledge on a wide variety of commercial deals, and able to handle the most complex and contentious negotiations with the biggest heavyweights in tech. He handles M&A, as well as outsourcing transactions, for a number of well-known technology companies. He is also well versed in licensing agreements. ”
Chambers

Awards

  • Band 2, Technology Transactions, California, Chambers USA, 2020-2023
  • Leading Lawyer, Technology Transactions, The Legal 500 US, 2021-2022
  • IAM Strategy 300, Intellectual Asset Management (IAM), 2020-2022
  • IAM Patent 1000, Intellectual Asset Management (IAM), 2012-2022

Qualifications

Admissions

Registered Foreign Lawyer, England and Wales, 2024

Admitted: State Bar of California, 2018

Admitted: Bar of the State of New York, 2000

Courts

US District Court for the Southern District of New York

US District Court for the Eastern District of New York

US Court of Appeals for the Second Circuit US Supreme Court

Academic

JD, Fordham University School of Law, 1999

BA, Tufts University, 1996

Disclaimer
A&O Shearman was formed on May 1, 2024 by the combination of Shearman & Sterling LLP and Allen & Overy LLP and their respective affiliates (the legacy firms). Any matters referred to above may include matters undertaken by one or more of the legacy firms rather than A&O Shearman.