Ameritrade Acquires TD Waterhouse USA

On January 24, 2006, Ameritrade Holding Corp. and the Toronto-Dominion Bank closed a transaction whereby Ameritrade acquired TD's US brokerage business, TD Waterhouse USA, in a deal worth US$2.9 billion. The combined company will operate under the name “TD Ameritrade” and will be the largest online retail broker as measured by the average number of retail equity trades per day. As part of the transaction, TD, through its Canadian brokerage TD Waterhouse Canada Inc., acquired Ameritrade's Canadian brokerage business, Ameritrade Canada, Inc.

TD was led by its in-house legal team, led by Christopher Montague, executive vice-president and general counsel, and assisted by Tom Litzgus, Rasha El Sissi, Jennifer Soward and Diane Kirby. TD was assisted in the US by Lee Meyerson, Ellen Patterson, Reginald Chambers and Anthony King (M&A) and Charlie Rappaport, Gary Mandel and Sonita Bennitt (tax) of Simpson Thacher & Bartlett LLP; and in Canada by Osler, Hoskin & Harcourt LLP with a team that consisted of Brian Levitt, Terry Burgoyne, Dana Easthope and Mark Hogan (M&A), John Jason (financial services), Firoz Ahmed, Patrick Marley, Matias Milet and Mária Tatarová (tax), Janet Bolton (competition), Evan Howard (benefits) and Andraya Frith (IP).

Ameritrade was represented in-house by Ellen Koplow, executive vice-president and general counsel, and Howard Possick, deputy general counsel, with assistance in the US from Larry Sonsini, Martin Korman, Brad Finkelstein, Robert Sanchez, Vijaya Gadde and Daniel Peale (M&A), Ivan Humphreys and John Chase (tax), Ralph Barry and Jessica Janov (employee benefits), Scott Sher (antitrust and competition), Len Jacoby and Michael Raschid (technology) and Susan Reinstra and Debra Summers (real estate) of Wilson Sonsini Goodrich & Rosati, and Robert Robison, Robert Mendelson, John Ayanian, Stephen Cohen and Sheryl Orr (regulatory) of Morgan, Lewis & Bockius LLP; and in Canada from Stikeman Elliott LLP with a team that consisted of Ken Ottenbreit, James Davis, Gordon Cameron, Litza Smirnakis, Kruti Patel and Terry Doherty (M&A), Kevin Kelly and Trevor McGowan (tax), Susan Hutton (competition), Julie Thibault (employment) and Wesley Ng (IP).