David NewlandOf CounselDavid Newland is a member of the firm’s Corporate, Commercial Transactions & Outsourcing Practice Group. David works closely both with business leaders and in-house counsel to advise on and negotiate a broad range of commercial matters in the commercial air travel, aviation, supply chain management, transportation and hospitality industries. He focuses on corporate and commercial transactions and business process outsourcing arrangements, including aircraft purchase and sale agreements, master services agreements, consulting agreements, various agreements pertaining to human resources functions, and other agreements with strategic business partners. In addition, David has experience in domestic and international mergers and acquisitions for public and private companies, general corporate governance, and the formation and structuring of business entities.
Prior to his career in law, David served in a variety of roles at a leading multinational manufacturer and marketer of branded consumer foods. He is a member of the State Bar of Texas, Dallas Bar Association and Dallas Association of Young Lawyers and also maintains an active pro bono practice.
David is a contributing writer for Winstead’s Airlines Blog.
ExperienceCommercial Transactions & Outsourcing
- Aircraft purchase and sale agreements covering over 400 aircraft, including wide-body and narrow-body mainline and regional aircraft
- Master services agreements covering various consulting services, professional services, and the outsourcing of business processes, including:
- Personnel management, including recruiting, hiring and employee development
- Human resources functions
- Aircraft maintenance and support services
- Transactions related to the marketing and sale of vacation packages and other travel products
- Collaboration with business leaders and other stakeholders in the development of requests for proposals in a variety of contexts, including fleet transactions and human resources business process outsourcing
- Representation of one of the largest U.S. commercial airlines in integration efforts following merger with major competitor, including diligence regarding existing contracts, termination or consolidation of duplicative contracts, negotiation of amendments and new agreements pertaining to expanded services, and preparation of and revisions to new and existing template agreements
Corporate, Securities/M&A
- Representation of a TSE-listed semiconductor production equipment manufacturer in connection with its proposed $29 billion merger of equals with a NASDAQ-listed company
- Representation of a TSE-listed semiconductor production equipment manufacturer in connection with its $252.5 million acquisition of a NASDAQ-listed semiconductor production equipment manufacturer
- Representation of a private equity firm in connection with the sale of two portfolio companies with significant international operations
- Representation of a private equity firm in connection with its acquisition of a leading global provider of proprietary situational awareness and LED lighting systems for nautical vessels, military and commercial aircraft and military ground vehicles
- Representation of a private equity firm in connection with its acquisition of a leading provider of aviation support services
- Representation of a private equity firm in connection with its acquisition of a designer and manufacturer of life-saving devices
- Representation of a private equity firm in connection with its acquisition of a provider of educational services for children
- Representation of a NYSE-listed construction material producer in connection with its acquisition of a national contractor and construction manager
- Representation of a private manufacturer and supplier of building materials in an internal reorganization
Technology, IT, Software, Data and Intellectual Property Transactions
- Represented first major airline to enter an in-flight connectivity agreement with SpaceX (Starlink); The deal covered hardware, services and maintenance for A321, A330 and B787 aircraft
- Enterprise platform and software agreement with Salesforce
- Customer booking platform hosting agreement and software development agreement with Switchfly
- Terminal satellite internet agreement with SpaceX (Starlink)
- Customer data enrichment agreement with Epsilon
- Various sponsorship agreements involving airline IP
Data Privacy
- Negotiated vendor/partner DPA forms in various contexts, including in connection with co-promotion, client web site, passenger booking path and alliance agreements
Loyalty Program, Co-Promotion and Inventory Agreements
- Developed loyalty program template agreement for partners to earn miles in a global airline’s loyalty program
Aircraft Finance
- Representation of a global airline in direct lease financings of 9 new A321 NEO aircraft with an international lessor
- Representation of a global airline in direct lease financings of 18 new 737 MAX aircraft with an international lessor
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