11th Annual Goodwin Directors Forum

Goodwin Forum Presenters

David Apfel
David J. Apfel
Partner

David Apfel, a partner in Goodwin's Financial Industry, Government Investigations, Enforcement and White Collar Defense practices, is a former federal prosecutor who specializes in white collar criminal defense, SEC and other government investigations, internal corporate investigations, and bet-the-company civil business litigation. Mr. Apfel has been regularly recognized by Chambers USA as a leading white collar criminal defense attorney, and he is noted in The Best Lawyers in America, and perennially recognized as a “Super Lawyer” by Boston Magazine. He is a trial lawyer who represents corporations and individuals in an array of criminal and civil cases, ranging from Medicaid fraud to first degree murder, and insider trading to multi-billion dollar mortgage-backed securities litigation. Mr. Apfel is a founder of the firm’s White Collar Crime & Government Investigations Practice. He is also the founder and co-chair of the firm’s Gaming, Gambling & Sweepstakes Practice, and regularly advises companies on gaming and gambling regulatory matters. In addition, Mr. Apfel has a pro bono practice in which he represents indigents in federal criminal cases and state murder prosecutions.

Experience

Mr. Apfel has defended Fortune 100 companies and other major corporations and individuals in public corruption, securities fraud, insider trading, health care fraud, stock option backdating, perjury, false statement, conflict of interest, money laundering, and other criminal prosecutions and investigations. He has likewise represented corporations and individuals in range of civil cases involving the False Claims Act, excessive fees, civil RICO, breach of contract, land use and alleged banking irregularities. Mr. Apfel's recent representations have included:

  • Bank of America and Countrywide Home Loans in mortgage-backed securities litigation;
  • A pharmaceutical company in a False Claims Act investigation conducted by the Massachusetts Attorney General concerning purported violations of Medicaid regulations with regard to the automatic refilling of prescription medications;
  • A top five international bank in an internal investigation concerning allegations that the bank corruptly attempted to influence state attorneys general to dismiss litigation involving the bank’s foreclosure practices;
  • A New England regional bank in an internal investigation concerning alleged improprieties on the part of the bank’s President and CEO;
  • A software development company in an internal investigation and related federal criminal and civil investigations regarding allegations that the company may have engaged in fraud and potential espionage in connection with its work on a series of contracts for a government agency;
  • A Fortune 50 company in connection with a federal grand jury fraud and tax evasion investigation;
  • A major financial services company in an internal investigation regarding the company’s efforts to diversify into the energy business, including allegations that the company had engaged in sharp practices with tribal nations;
  • A major New England manufacturer in an internal investigation examining a whistleblower’s allegations of fraud and violations of GAAP on the part of the company’s Finance Department;
  • A major mutual fund company in connection with an SEC investigation concerning conflicts of interest relating to the firm's securities trading desk;
  • A law firm and several individual partners of the firm in a stock options backdating investigation focused on one of the firm's clients and that client's CEO; and
  • A major university in a False Claims Act and breach of contract case involving work done by the university under contract abroad with USAID.

Mr. Apfel advises start-ups, investors and international gaming companies regarding U.S. gaming and gambling laws. He manages the firm’s interdisciplinary and industry-focused Gaming, Gambling & Sweepstakes Practice. As part of Mr. Apfel’s pro bono practice he recently argued and won two appellate cases in the Massachusetts Supreme Judicial Court: (i) He reversed the conviction and obtained a new trial for a client who has served 21 years in prison for murder – see Commonwealth  v. Cowels, __ Mass. __ (SJC-11630, decided Feb. 12, 2015); and (ii) he obtained a resentencing hearing for a client who was convicted of double homicide which occurred when the client was a 16-year-old juvenile – see Commonwealth v. Costa, __ Mass. __ (SJC-11828, decided July 9, 2015).

Professional Activities

Mr. Apfel is an active member of two panels from which attorneys are selected to defend indigents in serious criminal cases: (i) the Massachusetts State "Murder List"; and (ii) the U.S. District Court's Criminal Justice Act Panel. Mr. Apfel is also a member of the Boston, Massachusetts and American Bar Associations. He regularly speaks on panels and writes articles regarding criminal defense and government investigations, as well as online fantasy sports and other gaming and gambling matters.

Professional Experience

Prior to law school, Mr. Apfel was a high school English, history and social studies teacher for 10 years (1975-1984) at Lincoln Sudbury Regional High School in Sudbury, Massachusetts. From 1988-1994, he was a litigation associate at Goodwin. In 1994, he joined the Criminal Division of the U.S. Attorney's Office in Boston where he prosecuted public corruption, securities fraud and other federal crimes until 1999 at which point he rejoined Goodwin as a partner in the Litigation Department.

Mr. Apfel also served as a prosecutor in the Iran Contra investigation conducted by Independent Counsel Lawrence Walsh.

Recognition

Mr. Apfel has been regularly recognized by Chambers USA: America's Leading Business Lawyers and Best Lawyers as a leading national business litigator, and is perennially named a Massachusetts "Super Lawyer" by Boston magazine.

While serving as an Assistant United States Attorney, Mr. Apfel received the 1997 John Marshall Award, the U.S. Department of Justice's highest award for trial work. Mr. Apfel is a recipient of Goodwin's Robert B. Fraser Award for pro bono service.

Education

  • J.D., Northeastern University School of Law, 1987
  • B.A., Swarthmore College, 1974

Admissions

Mr. Apfel is admitted to practice in Massachusetts, and before the U.S. District Court for the District of Massachusetts and the U.S. Court of Appeals for the First Circuit.

Clerkships

  • 1987 to 1988 U.S. District Court for the District of Massachusetts, Honorable Douglas P. Woodlock
Stuart Cable
Stuart Cable
Partner, Co-Director

Stuart Cable represents as outside general counsel public and private companies involved in the life sciences and technology sectors. Mr. Cable also represents private equity and venture sources investing in such companies and investment banks serving such industries. He currently serves as the chair of the M+A and Corporate Finance practices for the firm's Technology and Life Sciences business units. He previously served as chair of the firm's Corporate Department, as chair of its Hiring Committee, as chair of its Incubator, and as a member of the firm's Executive and Allocations Committees.

Experience

Mr. Cable represents as outside general counsel a number of private and public companies, where he counsels boards of directors and management teams on corporate governance, mergers and acquisitions, and disclosure and securities law matters. Representative M&A transactions include the sale of Onyx Pharmaceuticals to Amgen ($10.4 billion), the sale of Eloqua to Oracle ($1 billion), the majority sale of Foundation Medicine to Roche ($1 billion), the sale of Idenix to Merck ($3.8 billion), the sale of Pharmacyclics to AbbVie ($21 billion), the sale of Xoom to PayPal ($1 billion), the private company sale of Stemcentrix to Abbvie ($5.8 billion), the sale of Opower to Oracle ($600 million), the acquisition of NXP by Qualcomm ($47 billion), the acquisitions of Euticals ($358 million – Italy) and Gadea ($174 million – Spain) by AMRI, the acquisition of Auspex by Teva Pharmaceuticals ($3.5 billion), the private company acquisition of Cord Blood Registry by AMAG Pharmaceuticals ($700 million), the sale of Neustar to Golden Gate ($2.9 billion) and the sale of Lionbridge to HIG ($400 million). In the course of his career, Mr. Cable has negotiated and executed over 300 M&A transactions. Mr. Cable also represents public companies in connection with highly confidential “activist” matters. 

Mr. Cable serves regularly as counsel in IPOs (most recently representing J.P. Morgan in the cross-border IPO of Trivago), follow-on offerings and convertible debt transactions (including the $1.5 billion convertible debt issuance by Citrix).  He has recently represented J.P. Morgan, Morgan Stanley, Citibank and Centerview Partners in M&A and Corporate Finance transactions. 

Mr. Cable also represents a number of private venture backed life sciences companies in governance, capital formation and collaboration transactions (including Moderna in its 2016 $470 million private placement). 

Community and Pro Bono Activities

Mr. Cable serves as a member of the President's Leadership Council at Dartmouth College and as chairman emeritus of the Buckingham Browne & Nichols School. He has also served for more than a decade as a member of the Board of Fellows of Harvard Medical School. Mr. Cable leads the firm’s Pro Bono efforts on behalf of Camp Harbor View, a summer enrichment program for Boston’s youth.

Recognition

Mr. Cable is annually ranked in Chambers USA: America’s Leading Lawyers for Business (Corporate/M&A – Band 1), Chambers Global: The Leading Lawyers for Business (Corporate/M&A) and U.S. News-Best Lawyers (Corporate Law). Global M&A Network has named him one of the world’s top 50 M&A lawyers, recognizing his work advising Onyx Pharmaceuticals in its $10.4 billion purchase by Amgen – a transaction named 2014 Global Major Markets Life Sciences Deal of the Year. Mr. Cable also was recognized by the Financial Times in both 2015 and 2016, winning its award for Innovative Deal of the Year in advising Foundation Medicine in its $1 billion majority purchase by Roche, and in 2016 advising Citrix in its $2.6 billion Reverse Morris Trust merger with LogMeIn.  In 2016, Mr. Cable was recognized by LMG as Life Sciences Transaction Attorney of the Year.

Viewpoints

Mr. Cable lectures annually in the fields of corporate governance and mergers and acquisitions at MIT's Sloan School of Management, the Tuck School of Business Administration at Dartmouth College, the Haas School of Business at the University of California (Berkeley) and the Wharton School at the University of Pennsylvania. Mr. Cable founded (2006) and co-directs Goodwin's annual Directors Forum, a Goodwin educational program designed specifically for the independent directors of the firm’s public company clients. Some of his recent speaking engagements include:

  • Boom or Bust: Opportunities and Risk in M&A,” a panel with leading investment bankers to discuss global dealmaking in sectors including biopharma, technology and energy as well as the increasing role of activist shareholders (2015 Milken Global Conference)
  • A Foundational Transaction,” a discussion of how Boards should approach strategic partnerships when a majority stake acquisition is proposed (2015 Directors Forum)
  • Sitting at the Head of the Table,” a roundtable discussion with three Board chairpersons addressing strategy, shareholder outreach and the relationship between a Board chair and the CEO (2015 Directors Forum)
  • The Directors Challenge--A Lightning Round,” features a series of boardroom "crisis" case studies presented in ‘lightning rounds’ (2016 Directors Forum)

Education

  • J.D., Columbia Law School, 1979 (Harlan Fiske Stone Scholar)
  • M.B.A., Tuck School of Business at Dartmouth, 1976
  • A.B., Dartmouth College, 1975 (magna cum laude)
Lisa Haddad
Lisa Haddad
Partner, Co-Director

Lisa Haddad, a partner in the firm's Business Law Department and member of the Executive Committee, focuses on mergers and acquisitions, corporate governance, securities offerings, securities law compliance for public companies, and general corporate matters. Ms. Haddad is a member of Goodwin's M+A/Corporate Governance Practice and co-chairs the firm’s Women’s Initiative.

Experience

Ms. Haddad has extensive experience in representing buyers and sellers in merger and acquisition transactions involving both public and private companies, especially in the life sciences and technology sectors. In this area, she has a special focus on public company mergers and acquisitions. Ms. Haddad also advises public companies on a wide variety of corporate and securities matters and represents public companies as general corporate and securities law counsel. In that capacity, she provides advice in all aspects of corporate governance and securities law compliance.

Some of her recent experience includes representing:

  • Citrix Systems in its Reverse Morris Trust transaction with LogMeIn
  • LoJack Corporation in its $135 million sale to CalAmp Corp.
  • Foundation Medicine in its $1.0 billion sale of a majority stake to Roche
  • Teva Pharmaceutical in its $3.2 billion acquisition of Auspex Pharmaceuticals
  • Trulia in its $3.5 billion sale to Zillow
  • Eloqua in its $1.0 billion sale to Oracle
  • Citrix Systems in its cooperation agreement with Elliott Management
  • Cognex Corporation in the sale of its surface inspection systems division to AMETEK
  • Teva Pharmaceutical in the sale of its animal health division to Bayer
  • Haemonetics Corporation in its acquisition of Pall Corporation's blood collection, filtration and processing product lines

ViewPoints

Ms. Haddad is a co-director of Goodwin Procter’s Annual Directors Forum, an educational program designed for directors of public companies. She also speaks at various board education programs and legal seminars on topics in her areas of practice.

Education

  • J.D., Harvard Law School, 1996 (magna cum laude)
  • B.B.A., University of Massachusetts Amherst, 1993 (cum laude)

Admissions

Ms. Haddad is admitted to practice in Massachusetts.

Guest Speakers

Stephen Berenson
Former Vice Chairman of Investment Banking at JPMorgan Chase & Co.
Berenson retired from JPMorgan in January 2017 after more than three decades with the firm. He helped the firm establish its investment banking franchise, and held roles including head of Latin American M&A, head of equity capital markets in Europe, the Middle East and Africa and co-head of equity derivatives in the Americas. Berenson later joined the technology, media and telecom coverage group and was global co-head of technology investment banking.
Nanci Caldwell
Director of Canadian Imperial Bank of Commerce, Citrix Systems, Inc., Donnelley Financial Solutions, Inc., Equinix, Inc. and Talend SA
Ms. Caldwell is the Former Executive Vice President and Chief Marketing Officer of PeopleSoft, Pleasanton, California (Human resources management software company) and member of Board of Directors of Citrix Systems, Inc.  Since December 2015, Ms. Caldwell has served on the Board of Directors of Equinix, Inc., a publicly-traded IT data center company, as well as the Board of Directors of Canadian Imperial Bank of Commerce, a publicly-traded financial institution. Since November 2016, Ms. Caldwell has served on the Board of Directors of Donnelley Financial Solutions, Inc., a publicly-traded financial communications and data services company and since February 2017, Ms. Caldwell has served on the Board of Directors of Talend SA, a publicly-traded data integration company.
Kevin Fisher
Former Chairman of the U.S. Marijuana Industry Group and Founder of State-Authorized Marijuana Businesses in Colorado and Massachusetts
Kevin began his commercial participation in the regulated medical and adult-use cannabis spaces in 2009. In these fields, he owns and operates facilities in Colorado and Massachusetts under the Rocky Mountain Remedies, River Rock, and New England Treatment Access banners. These entities represent more than 150,000 square feet of operational space, hold over thirty state licenses, employ nearly 400 individuals, and will generate nine figure revenues in 2018.  He is also a partner in a pharmaceutical-facing research and development company, Molecular Infusions based in Massachusetts.  

Policy work and governmental interaction are part and parcel to a successful cannabis business.  In that capacity, Kevin has served as board member and Chair of the Marijuana Industry Group in Colorado, has been appointed to numerous governmental task forces and work groups, and his company representative currently sits as board member and President of the Commonwealth Dispensary Association in Massachusetts.
Lisa Hook
President, Chief Executive Officer and Director of NeuStar, Inc. and Director of Vantiv, Inc.
Ms. Hook has served as a director of Neustar since November 2010, as Chief Executive Officer since October 2010, and as President since joining Neustar in January 2008. Prior to joining Neustar, Ms. Hook served as President and Chief Executive Officer of Sunrocket, Inc., a voice over IP, or VOIP, service provider, from 2006 to 2007. From 2001 to 2004, she held several executive-level posts at America Online, Inc., a web services company, including President, AOL Broadband, Premium and Developer Services; President, AOL Anywhere; and Senior Vice President and Chief Operating Officer, AOL Mobile. After leaving America Online in 2004, Ms. Hook briefly consulted for AOL and served on various corporate boards. Earlier, she was partner at Brera Capital Partners, LLC and managing director at Alpine Capital Group LLC. Ms. Hook also served in executive and special advisory roles at Time Warner, Inc., was legal adviser to the Chairman of the Federal Communications Commission, and was a senior attorney at Viacom International, Inc. Ms. Hook also serves on the board of directors of Vantiv, Inc. and previously served on the boards of directors of RELX PLC, RELX NV and RELX Group plc (formerly, Reed Elsevier PLC, Reed Elsevier NV and Reed Elsevier Group plc, respectively) from 2006 to April 2016. 
Mark King
President, adidas Group North America and Chairman, TaylorMade Golf Company

As president of adidas Group North America, Mark King oversees adidas in the U.S. and Canada and is responsible for driving the business and culture. Mark began his current role in June 2014.

King has a long and successful track record with the adidas Group. He was with TaylorMade for 34 years, beginning his career in the early 1980s as territory sales representative. The adidas Group acquired TaylorMade in 1997 and King was elevated to president in 1999 and then CEO in 2002. Under King’s leadership from 1999 to 2013, TaylorMade became the leading and most profitable golf company in the world, with sales increasing from $300 million to $1.7 billion.

Recently, King led the adidas turnaround in North America, driving market share growth and creating a new energy for the business and culture. In 2016, Yahoo! named adidas “Sports Business of the Year” and Highsnobiety called adidas the “Most Relevant Brand”. Footwear News named King “2016 Person of the Year” and Portland Business Journal named him “2016 Executive of the Year”. King was named one of Sports Business Journal’s 50 Most Influential People in Sports Business in 2015.

King is currently a board member of the Two Ten Foundation, which helps provide financial assistance to people across the footwear industry. King has been profiled in some of the nation’s top business and industry publications including The Harvard Business Review, FORTUNE, The Wall Street Journal, Sports Business Daily, Footwear News and Brandweek. He has also been the subject of the television show Undercover Boss and appeared on The Apprentice as a business role model. In 2001, King was named Golf industry’s “Executive of the Year” and was inducted into the University of Wisconsin-Green Bay Sports Hall of Fame in 2002. He served as chairman of the National Golf Foundation and has been consistently named of the ten most powerful people in Golf.

King believes growth is a cultural mindset that must be infused into the culture of every organization. He believes in setting big dreams and allowing people to drive the “how.” Throughout his career, he has learned that companies must drive talent-wide organizations and create environments that allow and encourage everyone to lead organizational and industry change.

King attended Northern Illinois University for two years on a golf scholarship then transferred to the University of Wisconsin-Green Bay, from which he graduated in 1981 with a bachelor’s degree in Business Administration.

Born and raised in Green Bay, Wisconsin, King is a self-proclaimed sports guy who played golf, basketball, football, baseball and hockey in high school. A father of two daughters, he resides in Portland, Oregon and Vista, California. Together with his daughters, he has raised more than $10 million for children charities around the world through their OneKind Foundation, positively impacting kids in Uganda, India, South Africa and across the United States.

Jason Robbins
Jason Robins
Co-founder and Chief Executive Officer, DraftKings
Jason Robins is Chief Executive Officer of DraftKings, the innovative sports-tech entertainment platform that is changing the way consumers around the world engage with and consume sports. Robins co-founded DraftKings in 2012 and oversees all of the company’s strategy and operations, while also driving funding and partnerships. 

Robins has quickly built a reputation for expanding DraftKings’ reach across numerous platforms through wide-ranging, forward-thinking partnerships. Under his leadership, DraftKings became the first DFS company to sign a league partnership, with Major League Baseball (MLB) in 2013. Since then, the company has signed three additional league-wide partnerships, including the National Hockey League (NHL) and NASCAR.  DraftKings is also the exclusive partner of 12 National Football League (NFL) teams, seven National Basketball League (NBA) teams, 27 MLB teams and seven NHL teams.
 
He has also spearheaded DraftKings’ partnerships with major media outlets, including ESPN, FOX Sports and Bleacher Report; marquee facilities like Madison Square Garden, STAPLES Center, AT&T Stadium and Gillette Stadium; and charitable events with golf icon Tiger Woods and NBA Champion Shane Battier.
 
Robins’ work has been recognized by the media and his peers, both nationally and locally in the Boston region. Among his recent accolades, he was named to Fortune’s 2015 “40 Under 40” list of the most influential people in business in September 2015, appearing on that issue’s cover.  Additional honors in 2015 include being named to Sports Business Journal’s “40 Under 40” list and receiving the Ernst & Young’s Entrepreneur of the Year Award for New England. Under his leadership, DraftKings has been named the Best Fantasy Sports Provider by iGaming North America (2015) and is a two-time winner of Bostinno’s 50 On Fire Award (2014, 2015).

Robins attended Duke University, where he received his degree in Economics and Computer Science. He resides with his wife and sons in the Boston area.