David specialises in major corporate transactions and managing legal issues and projects across a range of jurisdictions.

His in-depth experience of corporate and commercial law are complemented by management and leadership skills and an appreciation of corporate and boardroom strategy.

David has acted for a number of major New Zealand corporates on general corporate work, acquisitions and divestments, advises on boardroom issues and directors' duties, and companies involved in friendly and hostile public company takeovers.

He has acted as lead partner on a number of public company listings on the New Zealand Stock Exchange and markets elsewhere including London's AIM.

In 2008 David was appointed to NZX Discipline, the body which adjudicates on breaches of NZX listing and participant rules. David has previously been a member of the Market Surveillance Panel of the New Zealand Stock Exchange and the Legal & Advisory Board of the NZX.

As a former General Counsel and Company Secretary of Carter Holt Harvey Limited, then one of New Zealand's largest listed companies, for over four years, he has extensive in-house counsel experience and perspective.

David is listed as a highly recommended individual by PLC Which Lawyer? 2008 and recognised in the field of M&A by IFLR1000 2008. David is named as a leading M&A lawyer by Asialaw Leading Lawyers 2007, while Chambers Global 2008 describes him as a provider of "sound advice and guidance".

Qualifications

BA (Cantab),
MA (Cantab) St John's College, Cambridge

Admitted

1977 England and Wales
1985 New Zealand

International Career

  • Slaughter and May; McKenna & Co, London
    1977-1983

Publications

Contact

Email: David Flacks

DDI: 64 9 916 8957

Mobile: 64 21 687 844

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Areas of Expertise

Recent Work

Endace acquisition of Applied Watch
Advised New Zealand-based internet security business Endace Limited on aspects of its 2007 US$5 million (NZ$6.6) acquisition of Applied Watch Technologies, a US-based developer of centralised management tools for open source software and provider of managed security services.

Rakon initial public offering
Advised Rakon, a world leading high performance quartz crystal components manufacturer, on its initial public offering and listing on the New Zealand Stock Exchange. Advised Rakon and its selling shareholder on sale and listing options, resulting in very successful IPO, raising NZ$66 million for a market capitalisation of about NZ$170 million.

Private equity acquisitions
Advised Australian-based Pacific Equity Partners on the NZ$250 million purchase of Tegel Foods from H.J. Heinz Company and the NZ$385 million purchase of biscuit company Griffins.

Carter Holt Harvey – takeover by Rank Group
Advised Carter Holt Harvey on the NZ$514 million second takeover offer for the forest products company by Rank Group - the first time in New Zealand that a second takeover offer was launched immediately following the closing of the first. The success of the second takeover offer allowed Rank Group to delist Carter Holt Harvey, then one of New Zealand’s largest listed companies.