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David L. Hayes

David L. Hayes

Of Counsel| Orange County


David Hayes focuses his practice primarily on representing companies in the life science area; including companies in the pharmaceutical, biotechnology, and medical device areas, and also has experience representing technology companies. Prior to joining Snell & Wilmer, he served as the general counsel for two medical device companies, NeuroSigma, Inc., a neuromodulation med device company, and NSVascular, Inc., a medical device company developing thin-film nitinol stents for neurovascular brain aneurysms. While there, David was responsible for counseling the company in key strategic areas, including corporate governance, technology license agreements, strategic collaborations, joint ventures, manufacturing agreements and commercialization agreements and led the company's negotiations on complex licensing, strategic partnering and financing transactions, including the preparation for an IPO.

Prior to moving in-house, David was a partner in private practice where he focused on companies in need of counseling in a wide range of transaction types, including intellectual property focused transactions, collaborations, joint ventures, outsourcing, licensing, distribution, mergers and acquisitions and other deal-related work. His practice included extensive experience in every aspect of corporate and intellectual property related issues across a wide range of industries, including advising clients in connection with intellectual property protection strategies and all aspects of life science, medical device and technology transactions including the acquisition and protection of intellectual property assets, research and development transactions, commercialization of life science assets, co-promotion, celebrity endorsement, trademark licensing,  financings as well as on the buying, selling, leasing, distribution, licensing and development of technology products and services.

David's industry experience covers a wide variety of areas including life science, pharma, biotech, medical devices, computer hardware, semiconductors, software and information technology and outsourcing, among others. His practice includes domestic and international transactions that focus on the entire intellectual property life cycle, including acquisition of intellectual property assets, research and development, manufacturing-supply agreements, professional services, distribution of intellectual property assets, patent, copyright and trademark licensing, outsourcing and facilities management, strategic alliances, biotechnology research and development, system integration, computer services, and software and hardware development and maintenance.

Prior to practicing law, David was a computer programmer and software engineer for a major utility company where his responsibilities included research into various state-of-the-art technologies. This background is extremely valuable in connection with technology-related transactions.

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  • Represented a major pharmaceutical company in connection with a long-range joint development and marketing collaboration.
  • Represented a major pharmaceutical company in connection with in-licensing Phase 3 compounds and joint control of testing and approval process.
  • Represented a major pharmaceutical company in connection with multiple co-promotion agreements.
  • Represented a major medical device company in connection with in-licensing new device technology.
  • Represented a start-up medical device company in connection with in-licensing foundational technology from a major university.
  • Represented a major biotechnology company in connection with the spin-out of major development program to VC-backed venture. 
  • Represented a major online retail organization in connection with various product distribution agreements.
  • Represented many biotechnology companies in connection with all aspects of technology acquisition and commercialization including joint development agreements, acquisition and licensing of technology, co-promotion agreements and the like.
  • Represented a major data processing service provider in connection with the outsourcing of a major defense contractor’s nationwide data processing operations.
  • Represented a major communications chip company in connection with various licensing and commercial transactions.
  • Represented a major fabless communications chip company in connection with semiconductor manufacturing (foundry) agreements.
  • Represented a California telecommunications company in connection with a multi-million dollar hardware technology development agreement with a Canadian circuit board developer which required disclosure of key technology by the acquiring party and involved Canadian government subsidy of the developing entity.
  • Represented an internet service provider in connection with the distribution of various affinity products.
  • Represented a software development company in connection with the multi-tiered distribution of medical records software.
  • Represented a semiconductor chip manufacturer in connection with the development and distribution of navigation technology products.
  • Represented a NDAS disk drive manufacturer in connection with distribution of products to various retail distribution channels.
  • Represented a major videogame developer in connection with the development and distribution of various titles.
  • Represented an independent toy development company in connection with the development and distribution of various products.
  • Represented a major wireless networking company in connection with international purchase agreements and domestic product distribution agreements.
  • General representation of a new wireless communication technology venture from start-up research and development to product production, marketing and distribution through wholesale and retail channels.
  • Represented a major fabless semiconductor company in connection with a variety of agreements related to the sale and distribution of products.
  • Represented a major disk drive manufacturer in connection with a strategic alliance for the marketing and distribution of newly developed technology.
  • Represented an early stage fabless semiconductor company in connection with development and product distribution agreement with a major international cell phone manufacturer.
  • Represented a cable television technology provider in connection with an exclusive distribution agreement for the distribution of its hardware and software in Australia and New Zealand.
  • Represented an international industrial pump manufacturing company in connection with its acquisition of hardware, software and services related to the implementation of a worldwide computer system.
  • General representation of a major Internet access service provider in connection with the licensing and distribution of Internet access, browser and e-mail products.
  • General representation of a major internet access service provider in connection with various operational issues including employee confidentiality and invention assignment, executive employment, internet access provider liability and compliance requirements under the Communications Decency Act of 1996.
  • Represented a  Texas-based computer-assisted manufacturing software developer in connection with distribution of its software for use in the United States, France, Italy, Switzerland, Germany and Singapore.
  • Represented a Texas-based computer-assisted manufacturing software developer in connection with OEM licensing for the distribution of its software worldwide.
  • Represented a California-based routing and delivery planning software developer in connection with distribution of its software for use in the United States.
  • Represented a California-based credit card security software developer in connection with a strategic alliance with a major credit card company for the development and marketing of credit card security and data services in the United States.
  • Represented a national computer maintenance service provider in connection with the outsourcing of the repair of all of its hardware components.
  • Represented a California-based federal savings bank in connection with the outsourcing of its data processing operations to an Arkansas-based national service provider.
  • Represented a commercial bank in connection with a systems integration agreement related to its acquisition of computer hardware and software.
  • Represented a California-based mortgage company in connection with its acquisition of remote processing services from a Florida-based service provider.
  • Represented a California telecommunications company in connection with a multi-million dollar software development agreement with a Canadian software developer which required disclosure of key technology by the acquiring party.
  • Represented a national temporary services provider in connection with a pilot system development agreement and related system acquisition agreement in connection with their acquisition of strategic information systems technology.
  • Represented a national computer repair service provider in connection with strategic alliances with various OEMs.
  • Represented a major disk drive manufacturer in connection with the sale of its state of the art integrated circuit silicon wafer fabrication facility and related long-term silicon wafer requirements contract.
  • Represented a manufacturer of capital equipment used in the semiconductor wafer fabrication process in connection with its initial public offering.
  • Represented a major airline in connection with the outsourcing of a Canadian airline’s data processing operations.
  • Represented a Korea-based multinational corporation in connection with a strategic alliance with a major California-based computer manufacturer which included a major equity investment by the Korean corporation and a variety of strategic technology agreements.
  • Represented a major law firm in connection with its acquisition of a data processing system including the development of enterprise-specific software.
  • Represented a cable television technology provider in connection with the sale of its hardware and licensing of its software in Thailand.
  • Represented a national chemical distribution company in connection with its acquisition of a data processing system.
  • Represented a national retail inventory management service and software company in connection with a software development agreement related to its next generation software product.
  • Cornell Law School (J.D., cum laude, 1990)
    • Herbert W. Briggs International Law Society, President
    • Law and Ethics Society
  • University of California, Irvine (B.A., Psychology, cum laude, 1979)
    • Minor: Economics
  • California Bar Association
  • State Bar of California, Intellectual Property Section
  • America MENSA
  • NeuroSigma, Inc., Senior Vice President, Chief Administrative Officer, General Counsel and Corporate Secretary (2014-2017)
  • Haynes and Boone, Partner (2012-2014)
  • Dorsey & Whitney, Partner (2003-2012)
  • Brobeck, Phleger & Harrison, Partner (2001-2003)
  • O'Melveny & Myers, Partner (1996-2001)
  • Gibson, Dunn & Crutcher, Associate (1990-1996)
  • Southern California Edison Co., Software Engineer, Systems Analyst, Programmer (1983-1987)
  • Quality Systems, Inc., Systems Analyst, Programmer (1982-1983)
  • California
  • Supreme Court of California