HERBERT P. FOCKLER

Partner
Corporate

EXPERIENCE:

Herbert Fockler's practice focuses on corporate and securities work for both private and public companies. He has substantial experience with start-up companies, venture capital financings, public offerings, and public and private mergers and acquisitions in the high-technology area.

Herb has worked with computer software and hardware companies in the Internet, enterprise software, IC design automation, workstation, and mobile electronic-device areas, and with biotechnology companies in the development of new drugs and medical devices. He has represented numerous start-up, venture-backed, and public companies, as well as individual entrepreneurs.

Herb is an Adjunct Professor of Law at UC Berkeley School of Law, where he teaches Venture Capital and IPO Law. He is also the co-host of the Wharton School's San Francisco Entrepreneurs Workshop series. Previously, he taught at Santa Clara University Law School and has lectured at Harvard Law School, the Harvard iLab, the Stanford Business School's Ignite program, and Santa Clara University Business School. He is the past chairman of the Subcommittee on Transactional Documents and Issues of the American Bar Association's Committee on Venture Capital and Private Equity, and is a frequent speaker to both lawyers and entrepreneurs on a variety of topics concerning starting businesses, obtaining financing, and complying with U.S. corporate and securities laws. Herb has a leadership role in the firm's Technology and Knowledge Management programs. Outside of law, he has substantial experience as a computer programmer and ran a software house while in law school.

SELECT CLIENTS:
  • A10 Networks
  • Alien Technology
  • Autodesk
  • Cadence Design Systems
  • Cell Genesys
  • Cornerstone OnDemand
  • Dolby Laboratories
  • EO/AT&T
  • Flextronics
  • Intevac
  • J.D. Edwards
  • Linear Technology
  • Netscape
  • Philips Electronics
  • Silicon Graphics
  • Socket Mobile
  • Software Publishing
  • Sun Microsystems
  • WordPerfect
SELECT TRANSACTIONS:
  • Numerous initial and follow-on equity and debt public offerings, including:
    • A10 Networks' 2014 $187 million initial public offering
    • Cornerstone On Demand's 2011 $157 million initial public offering
    • Linear Technology's 2007 $1.7 billion convertible debt offering
    • Dolby Laboratories' February 2005 $570 million initial public offering
    • J.D. Edwards' October 1997 $417 million initial public offering, the largest software IPO in 1997
    • Multiple offerings by Earthlink, representing Deutsche Morgan Grenfell and Credit Suisse First Boston
    • Multiple offerings by Ascend Communications, representing Morgan Stanley

  • Numerous public and private acquisitions and sales, including:
    • Leading the firm's team in representing J.D. Edwards in its 2003 $1.7 billion acquisition by PeopleSoft in the face of Oracle's hostile takeover bid for PeopleSoft
    • Representing Quickturn Design Systems in its acquisition by Cadence Design Systems and subsequent successful hostile-takeover defense against Mentor Graphics
    • Leading one of the firm's teams handling acquisitions for Netscape
EDUCATION:
  • J.D., Harvard Law School
    Cum Laude
  • A.B., Physics, Princeton University
HONORS:
  • Named in Northern California Super Lawyers in numerous years
  • AV Preeminent Peer Review Rating, Martindale-Hubbell
SELECT PUBLICATIONS:
SELECT VIDEO PRESENTATIONS:
ADMISSIONS:
  • State Bar of California
  • U.S. District Court for the Northern District of California