Ajay Mago is a corporate and technology lawyer with a focus on complex transactional and advisory matters. Because of his consistently high volume of complex transactional engagements, he has developed a broad vision of the issues that confront business organizations and an aptitude for developing novel, creative and constructive solutions.
Mergers, Acquisitions, Investments & Divestitures
Mr. Mago advises public and private companies and firms on all types of single-jurisdiction and cross-border M&A transactions, including negotiated and unsolicited acquisitions; going private transactions; stock-for-stock acquisitions; auctions; spin off transactions; acquisitions of minority interests; tender and exchange offers, and joint ventures. During his career Mr. Mago has advised clients on M&A transactions with cumulative total value of several billion dollars.
Mr. Mago’s practice also focuses on representing private equity sponsors and their portfolio companies in connection with acquisitions, investments, financings, joint ventures and strategic alliances. He has represented general partner and limited partner clients across a broad spectrum of private equity fund types and transactions, including buyout, growth equity, real estate, venture capital, mezzanine, special opportunity, secondary market, fund of funds, feeder funds, co-investment, distressed debt, and pledge funds/seeding arrangements. Mr. Mago also represents multiple private equity investors in “club” transactions.
Mr. Mago has broad experience representing lenders, agents and other market participants in a wide variety of commercial financing transactions. His practice includes structuring, negotiating, and documenting syndicated secured and unsecured and multicurrency financings, private debt placements, structured financings, acquisition financings, construction financings, liquidity facilities, and debtor-in-possession and exit financings. He also has extensive experience in restructurings and workouts.
Additionally, Mr. Mago has significant experience with the complex intercreditor aspects of mezzanine and subordinated debt transactions. He also has represented numerous business entities acting as borrowers, including financial sponsors and large and middle market companies, in negotiating and closing their credit facilities.
Venture Capital and Emerging Companies
A number of emerging growth companies have relied on Mr. Mago to serve as outside counsel. In addition to guiding companies on day to day legal needs, his practice focuses on helping technology and growth companies form and operate new businesses, raise capital through private offerings, and buy and sell companies.
Mr. Mago works proactively and collaboratively with clients’ managements and boards of directors to coordinate and oversee clients’ legal needs and their integration with operations and business initiatives.
In addition to his work with growth companies, Mr. Mago represents a number of venture capital firms and angel investors.
Technology Transactions, Outsourcing and Licensing
Mr. Mago has extensive experience representing domestic and foreign technology companies in the legal and business issues related to the development and deployment of technology businesses and services for Fortune 500 and other companies. He handles information systems and information technology implementation transactions (including large scale, multi-site ERP and CRM implementation transactions), IT development, technology services, professional services, service level, large scale computer and telecommunications network services, equipment purchases, sales and maintenance deals.
Mr. Mago has broad experience in technology transactions, licenses, technology transfer and all forms of business process outsourcing (SaaS, IaaS and PaaS) and serves as a contributing author to LexisNexis’ Lexis Practice Advisor® Outsourcing module. He represents clients in the acquisition, divestiture and licensing of IP assets and rights involving a wide variety of technologies, including apparel and textiles (fabrics and garments), software, high speed machinery, industrial products, electronics, chemicals, medical devices and products, household goods, and furniture.
Cybersecurity, Privacy and Data
Mr. Mago has also frequently worked on matters involving Big Data, data warehousing, data classification, and federal, state, local and foreign privacy and data security (including Canadian and European Union rules and directives, US/EU and US/Swiss Safe Harbors, HIPAA and HITECH, and Gramm Leach Blilely privacy and security rules), COPPA, FTC Red Flag rule, and data breach response and notification.
Mr. Mago works to protect companies both before and after a data breach. This includes helping companies institute security systems and procedures to minimize the chances of a cybersecurity incident through development or improvement of data privacy practices and incident response plans through privacy and security assessments. This proactive approach helps minimize the risk of a data breach and puts the company in the best position to respond if a breach occurs.
Mr. Mago has advised numerous companies in response to breaches, including management consulting, education companies, health care, technology services, and financial institutions. He has assisted these companies in determining the source and scope of the breach, assessing regulatory compliance requirements, managing notifications, resolving disputes and conducting after-action review.
Mr. Mago has advised both domestic and international clients on matters involving a wide range of jurisdictions, including India, the United Kingdom, Singapore, Turkey, Russia, Brazil, Peru, the Netherlands, Mexico, Bangladesh, Japan, Indonesia, Germany, Kazakhstan, Russia, Southern Sudan and Uganda.
Companies for which Mr. Mago has worked on substantial matters during his legal career include ACI Worldwide, Bank of America, Walton Street Capital, Starwood Capital Group, The Duchossois Group, Imperial Capital, LLC, Canaccord Genuity Corp., Grainger Worldwide, The Riverside Company, BBVA Compass, SKS Microfinance, Lennox International, Kaiser Aluminum, KeyBank, PMFG, Koch Industries, JPMorgan Chase Bank, Macy’s, PNC Bank, Wells Fargo Bank, AT&T, Novartis International, International Wire Group, Inc., Saputo, Inc., and Woodward, Inc.
Prior to entering private practice, Mr. Mago served as law clerk to the Hon. Sam A. Lindsay of the U.S. District Court for the Northern District of Texas.
Awards & Recognitions
- Selected as an Emerging Lawyer, Emerging Lawyers, 2015
- Referenced in Legal 500 U.S.– Leading Lawyers for M&A: Middle-Market 2015
- Texas Intellectual Property Law Journal, Editorial Staff
- Judge, Global Venture Labs Investment Competition, McCombs School of Business
- President of Chicago Bar Foundation Young Professionals Board (2012-2013)
- Greater Dallas Chamber of Commerce (Alumni, Leadership Dallas, Class of 2005)
- The Family Place, Board of Directors (1998-2002)
- Dallas Urban League, Board of Directors (1998-2001)
- Dallas Texas Exes, Board of Directors of Alumni Association (1998-2001)
Selected Presentations & Publications
- Speaker, Cybersecurity, Argyle 2016 Chief Information Security Officer Leadership Forum, Los Angeles, CA, May, 10, 2016
- Speaker, Cybersecurity Nuts and Bolts: What to do in Case of Breach, U.S. India Chamber of Commerce, Dallas, TX, April 21, 2016
- Speaker, “Analysis of a Technology License Agreement,” Practicisng Law Institute, Chicago, IL, April 23-24, 2015
- Author, “Delaware Court of Chancery Rules to Invalidate Two Post-Closing Obligations in the Audax Merger,” Duane Morris Alert, 2015
- Co-author, “Foreign Investment Overview,” Outlook on India 2010: Delivering on the Promise in Turbulent Times, Practising Law Institute, 2010
- Speaker, “Legal Aspects of Doing Business in India” University of Wisconsin Law School, Madison, Wisconsin, 2010
- Co-author, “Developments in the Indian Economy and the Impact on Foreign Investment,” Doing Business in India 2009: Critical Legal Issues for US Companies, Practising Law Institute, 2009
- Speaker, “U.S. and India: Doing Business in Today’s Economy,” ABA International and U.S. India Business Council, Conference on the topic of “Private Equity and Venture Capital: Searching for Maximum Returns,” New Delhi, 2009
- Co-author, “Legal Process Outsourcing: A Guide to Important Considerations, Risk Mitigation and Achieving Success,” Doing Business in India 2008: Critical Legal Issues for US Companies, Practising Law Institute, 2008
- Moderator, “Microfinance: Taking Microfinance to New Heights,” North American Bar Association Annual Meeting, Chicago, 2008
- Speaker, “Making the Most of Your Career at a Private Law Firm,” North American South Asian Law Student Association 10th Annual Meeting, Los Angeles, 2008
- Speaker/Panelist, ABA Judicial Clerkship Program Annual Meeting, Chicago, 2006