Matthew S. Makover

Partner

New York
Willkie Farr & Gallagher LLP
787 Seventh Avenue
New York, NY 10019-6099
T 212 728 8739
F 212 728 9739
mmakoverwillkie.com

Matthew S. Makover is a partner in the Intellectual Property Department in New York. Mr. Makover's focus includes intellectual property transactions and counseling. Mr. Makover has advised on intellectual property matters involving the sale and licensing of software, patents, trademarks and copyrights (including media content) and has experience with both private and public mergers and acquisitions, financings and capital market transactions. Mr. Makover also has experience structuring and negotiating project and commercial agreements. Mr. Makover has worked with a number of clients in the entertainment, media, software, art, sports, consumer products, manufacturing, telecommunications, gaming and fashion industries.

Mr. Makover is a member of the firm’s trademark prosecution practice and prosecutes trademarks for clients in the entertainment, art, spirits/winery, financial, cryptocurrency, technology, private equity, and insurance industries, as well as numerous pro bono clients. Mr. Makover also advises clients on IP prosecution and enforcement strategy, acquisitions, and ownership structures.

Matthew S. Makover is a partner in the Intellectual Property Department in New York. Mr. Makover's focus includes intellectual property transactions and counseling. Mr. Makover has advised on intellectual property matters involving the sale and licensing of software, patents, trademarks and copyrights (including media content) and has experience with both private and public mergers and acquisitions, financings and capital market transactions. Mr. Makover also has experience structuring and negotiating project and commercial agreements. Mr. Makover has worked with a number of clients in the entertainment, media, software, art, sports, consumer products, manufacturing, telecommunications, gaming and fashion industries.

Mr. Makover is a member of the firm’s trademark prosecution practice and prosecutes trademarks for clients in the entertainment, art, spirits/winery, financial, cryptocurrency, technology, private equity, and insurance industries, as well as numerous pro bono clients. Mr. Makover also advises clients on IP prosecution and enforcement strategy, acquisitions, and ownership structures.

Selected Significant Matters

Matthew has advised on the following significant matters:

  • Aralez Pharmaceuticals in connection with sales of its various business units in connection with its bankruptcy liquidation.
  • L. Molteni & C. dei F.lli Alitti Società di Esercizio S.p.A. in connection with an Asset Purchase, Supply and Support Agreement with Titan Pharmaceuticals.
  • Apollo Management Holdings in complex licensing and services transactions concerning software and technical services.
  • Take-Two Interactive Software, Inc. in its $12.7 billion pending acquisition of Zynga
  • Represented numerous high profile celebrities, musicians and athletes in connection with brand ambassador and endorsement deals and investments, across a variety of industries including metaverse/NFTs, cosmetics/beauty, apparel, distilled spirits and tech platforms.
  • Marsh & McLennan in complex licensing and services transactions relating to new technology initiatives.
  • Allstate in complex licensing transactions concerning software and technical services.
  • eVestment in its $705 million sale to Nasdaq.
  • An insurance holding company in its $525 million acquisition of an identity protection services company.
  • CNO Financial Group in the reinsurance of a substantial portion of its Long Term Care book to Wilton Re.
  • Voya Financial in the sale of its variable annuity and fixed and fixed indexed annuities businesses to an investor group including affiliates of Apollo Global Management LLC and Athene Holding, Ltd.
  • Protective Life Corporation in its $1.2 billion acquisition of Great-West Life & Annuity Insurance Company's individual life insurance and annuity business.
  • HealthEquity, Inc. (Nasdaq: HQY) in its agreement to acquire WageWorks, Inc. (NYSE: WAGE) for approximately $2 billion.
  • SmartBear Software in its acquisition by affiliates of Francisco Partners.
  • Interpublic Group in its $2.3 billion acquisition of data marketing company Acxiom Marketing Solutions.
  • KIK Custom Products in*:
    • its acquisition by affiliates of Centerbridge Partners; and
    • connection with a long-term licensing arrangement with The Clorox Company for the use of the CLOROX® brand on pool-cleaning products.
  • Spectrum Brands, in its $1.4 billion acquisition of Armored AutoGroup Parent, Inc., a Connecticut-based consumer products company consisting primarily of the Armor All and STP brands.*
  • Citigroup, Inc. in the sale of*:
    • its retail banking business in Japan, including about 740,000 customer accounts, to Sumitomo Mitsui Banking Corporation; and
    • Citi Cards Japan, Inc., a Japan-based issuer of branded credit cards, to Sumitomo Mitsui Banking Corporation.
  • Ericsson in its acquisition of MetraTech, a Massachusetts-based provider of metadata-based billing, commerce and settlement solutions.*

*Matthew advised on these matters prior to joining Willkie.

Selected Professional and Business Activities

Mr. Makover serves as Co-Chair of the IP Transactions Committee for the New York Intellectual Property Law Association.

Selected Publications and Lectures

  • "Inside-Out Corporate Governance," Journal of Corporation Law (Volume 37, 2011, co-author)
  • American Intellectual Property Law Association, Mid-Winter Institute, Tokenizing Creativity: Non-Fungible Tokens (NFTs) and Intellectual Property, February 3, 2022

Publications / News / Events

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