David R. Rudd

Partner

ruddd@ballardspahr.com
Tel 801.517.6829
Fax 801.596.6829
Salt Lake City

David R. Rudd practices exclusively in the area of complex domestic and international business transactions in a wide variety of legal fields and industrial sectors. David regularly advises clients on general business matters, mergers, acquisitions and dispositions (and related financings), private and public equity and debt financings (including venture capital and private equity), joint ventures, and distribution, agency, and licensing matters.

David has substantial experience in representing U.S. clients in virtually every major international market around the globe. He also has extensive experience with representing significant non-U.S. clients in both domestic and international business transactions. Having lived abroad full-time for over two years and part-time for over 10 years, David speaks Spanish fluently and is familiar with international cultural issues and business practices.

Representative Matters

  • Representation of successful bidder for expansion of Mexico City's Benito Jaurez International Airport
  • Representation of NuSkin Enterprises, Inc., a large U.S. personal care company, in establishment of operations in over 23 countries
  • Representation of NuSkin Enterprises, Inc., in various intra-company mergers and reorganizations
  • Representation of 1-800 Contacts, Inc., a large retailer of contact lenses, in its several international and domestic acquisitions and operations
  • Representation of Nature's Sunshine Products, Inc., in connection with establishment of manufacturing facility and retail outlets in the People's Republic of China
  • Representation of U.S. cable television consortium, led by InterComm Holdings, LLC, in connection with the acquisition of cable TV systems in Mexico and the Caribbean
  • Representation of Time Warner, Inc., a television provider, in connection with its acquisitions in various countries in Latin America, including a joint venture with the Chilean telephone company
  • Representation of OEC Medical Systems, Inc., in its merger with GE Medical Systems, Inc.
  • Representation of Staker Paving, Inc., a regional infrastructure construction company, in its merger with a large Irish public company
  • Representation of Qwest Communications, Inc., a national provider of telephone and internet services, in connection with obtaining a concession (license) from the Mexican National Railroad Company and the Ministry of Communications and Transportation to provide telephone and internet services, lay fiber optic cable in the railroad right of way, and various related joint ventures with international telecommunications companies
  • Representation of Qwest Communications, Inc., in connection with its acquisition of another major long-distance service company
  • Representation of Rocky Mountain Internet in connection with its acquisitions of 15 strategic internet technology/network/web hosting companies
  • Representation of Micron Electronics, Inc., in connection with its acquisition of three ISPs, web hosting and internet services companies
  • Representation of Flying J, Inc., a large U.S.-based hospitality and truck stop owner/developer, in a variety of financing transactions, and in connection with its acquisition of license from a Mexican Government-owned oil company (PEMEX), to own and operate travel plazas, and related Mexican joint venture and financing
  • Representation of U.S. subsidiary Kennecott Copper, the world's largest mineral company, in connection with an international joint development agreement with regard to multimillion dollar technology
  • Representation of Aguaytia, Inc., a U.S.-based energy developer, in connection with the development and financing of a gas-fired co-generation facility in Peru
  • Representation of Zars, Inc., a transdermal drug delivery company, in strategic international alliances with Johnson & Johnson, Cephalon, Inc., and Ferndale Laboratories
  • Representation of Manufacturera Montana, S.A. de C.V., a large Mexican boot manufacturer, in connection with its acquisition of its U.S. distributor
  • Representation of a U.S. data processing company in connection with the establishment of Mexican maquiladora
  • Representation of 1-800 Contacts, Inc. in connection with cash and stock-for-assets acquisition of Singapore company and its Chinese affiliates (including a contact lens manufacturing facility and related intellectual property), and related financing with large U.S. bank and The Development Bank of Singapore Limited
  • Representation of Werner Rietschle Holding GmbH, a German industrial company, and its foreign subsidiaries in its sale of stock to large U.S. public company
  • Representation of Nature’s Sunshine Products, Inc. in the spin-off of foreign subsidiaries in Chile, Argentina, Malaysia and Colombia
  • Representation of 1-800 Contacts, Inc. in connection with cooperation agreement with U.S. subsidiary of large Italian-owned optical chain, providing for joint marketing and development of national doctor network.
  • Representation of Making Memories, Inc., a large scrapbooking company, in sale to New York City-based private equity fund
  • Representation of 1-800 Contacts, Inc., in the cash and stock-for-assets acquisition of a UK company (including contact lens manufacturing facility and related intellectual property) and related financing
  • Representation of 1-800 Contacts, Inc., in connection with a joint venture with Menicon, a large Japanese optical chain, providing for the sale and marketing of contact lenses in Japan and the joint development of a proprietary contact lens
  • Representation of SonoSite, Inc., in its merger with SonoMetric Health, Inc.
  • Representation of Flying J, Inc., and its affiliate in connection with the offering and processing of debit cards in Mexico, and related international, corporate, and regulatory issues
  • Representation of a large manufacturer of specialty gases regarding export of equipment and products to Taiwan, and the structuring of a manufacturing and supply arrangement with a Taiwanese company
  • Representation of Helius, Inc., a Utah-based technology company, in its merger with Hughes Communications, Inc.
  • Representation of Vintela, Inc., a Utah-based software company, in its merger with Quest Software, Inc.
  • Representation of a prominent Utah family in connection with the contested acquisition of a venture capital firm
  • Representation of 1-800 Contacts, Inc., in connection with the sale of a joint venture interest to a large Japanese optical chain
  • Representation of Thule, a Swedish manufacturer of sports racks and other equipment, in an attempted acquisition of a specialty luggage company
  • Representation of Triumph Group, Inc., a large aerospace manufacturing company in connection with the acquisition of an aerospace component manufacturing company and related manufacturing facilities in China, Germany, and Mexico
  • Representation of a large Canadian cooperative in its acquisition of a national sporting goods chain
  • Representation of West Valley City in connection with its acquisition of the "Utah Grizzlies," a professional hockey franchise
  • Representation of C7 Data Centers, Inc., a large regional data center, in disposition of a minority interest to a private equity firm
  • Representation of Wasatch Pipeline Supply, Inc., a pipeline supply company, in disposition of its assets to a strategic buyer (two tranches)
  • Representation of Western Petroleum, Inc., a regional petroleum logistics and marketing company, in disposition of its Western U.S. operations
  • Representation of a large Canadian cooperative in its sale of stock and assets of its U.S. operations to a large, U.S. sporting goods retailer and separate real estate holding company. Included over 50 locations nationwide.
  • Representation of J.D. Clark, a Utah-based hedge fund, in its sale of stock to a large Minneapolis-based hedge fund
  • Representation of Progressive Finance, Inc., a large consumer finance company, in a sale of 75% interest to a large, New York private equity firm
  • Representation of C7 Data Centers, Inc., in recap and investment by national lender
  • Representation of a large private equity fund in its acquisition of an aircraft components manufacturing company
  • Representation of 1-800 Contacts, Inc., in its sale to a Boston-based private equity fund. Transaction included spin-off of eye care division (frames, lenses, and virtual try-on IP) to Luxottica, a large Italian optical company
  • Representation of Bass Family in the sale of a majority interest of Snowbird Ski and Summer Resort, a world-famous ski and summer resort, including real estate and resort assets and operations, to a private equity fund with other resort portfolios
  • Representation of DB Servicing Corporation in its merger with Discover Bank
  • Representation of Utah's largest exporter of commodities in internal investigation and related governmental inquiry into alleged trade violations
  • Representation of Utah's largest exporter of commodities in ongoing trade compliance matters
  • Representation of Down East Outfitters, a large apparel retail chain with manufacturing facilities in China and Mexico, in import/export and customs matters
  • Representation of International Document Systems, Inc., a large Rocky Mountain-based finance software company, in a sale to a national auto lender
  • Representation of Orange Legal, a legal outsourcing company to a private equity-backed legal outsourcing and e-discovery company
  • Representation of C7 Data Centers, Inc., a large regional data center in a sale to a large private equity-backed buyer
  • Representation of a large West Slope data center in a sale to a publicly traded REIT
  • Representation of Liingo Eyewear, an online optical frames and lens manufacturer in acquisition by the leading U.S. retailer of contact lenses
  • Representation of Cookietree, Inc., a large Utah-based maker of thaw-to-serve cookies and brownies, and frozen cookie dough, to a large national food services company
  • Representation of a national commercial real estate, media, and professional sports company in a multi-million dollar acquisition of a national marketing and media company located in a "qualified opportunity zone"
  • Representation of a Chinese public company in restructuring of its U.S. geothermal operations
  • Representation of a multi-regional commercial lighting supply company in a buyout by its employees
  • Representation of a California-based alternative energy company utilizing novel wind turbine technology in power generation, together with related acquisition, joint venture, and financing matters
  • Representation of a California-based electric power conservation technology company developed at Cal State Irvine in connection with its international joint venture, licensing, distribution, and manufacturing matters related to Latin America
  • Representation of a large multi-national consumer products company in the internal investigation of its Latin American operations

Professional Activities

American Bar Association

District of Columbia Bar Association

Inter-American Bar Association

Utah State Bar Association, Business Law Section, past Chair

Office of U.S. Senator Orrin G. Hatch, Trade Advisory Group (advises on NAFTA and GATT)

Utah Technology Council (formerly Utah Information Technology Association), International Special Interest Group, Co-chair

State of Utah, Securities Advisory Committee, appointed by Governor Michael O. Leavitt

Recognition & Accomplishments

The Legal 500 US, mergers and acquisitions – middle-market (sub-$500m), 2019

Chambers USA, corporate/M&A law, 2003-2019

The Best Lawyers in America, corporate law, mergers and acquisitions law, and venture capital law, 2006-2020; "Lawyer of the Year," Venture Capital Law (Salt Lake City), 2017

Utah Business, consistent recognition as "Our Legal Elite," international and M&A law

"AV Elite" rating by Martindale-Hubbell

Speaking Engagements

Frequent lecturer, the David Eccles Graduate School of Business at University of Utah and at many leading conferences on topics related to international and domestic business and legal matters

Co-author, "Doing Business in Mexico"

Frequent presenter/lecturer on the Foreign Corrupt Practices Act, Export/Import Controls, anti-money laundering, and other cross-border legal topics

Board Memberships

World Trade Center, Board of Trustees

Mexico Utah Business Council, Chairman ex officio, Board of Trustees

U.S. Global Leadership Coalition, Utah Advisory Counsel

Wayne Brown Institute, Board of Trustees

Pepperdine University School of Law (J.D. 1982)

Brigham Young University (B.A. 1979)

Languages

Fluent in Spanish

District of Columbia

Utah