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“David is the leading lawyer in the ethanol industry.” 

John M. May, Managing Director, Hamilton Clark

Overview

An accomplished transactional lawyer, David is a trusted advisor as companies pursue growth, acquisitions, mergers or dispositions. His emphasis is renewable energy, especially ethanol, biodiesel and wind.

David represents investment bankers, developers and owners of renewable energy projects, providing specific counsel that meshes with their business direction. David’s noteworthy industry accomplishments include:

  • Advising Texas-based Benefuel in a joint venture for development of refineries that operate with Benefuel’s patented technology for generating high yields of biodiesel from low-cost feedstocks.
  • Counseling public and private ethanol companies with all aspects of finance and operations, including strategic partnerships, senior secured debt facilities and public and private debt and equity.
  • Representing advanced biofuels companies in the development stage with matters that included debt and equity financing, procurement of technology licenses and technology scale-up.

In securities and corporate governance, David has broad experience with a variety of private and public debt and equity securities, including initial public offerings and convertible debt structures for public and private companies. He assists clients in all aspects of corporate governance, including board and committee operations, for public and private companies. Additionally, David represents early-stage and growth-stage technology companies with full life-cycle support and capital formation.

In investment management, David has represented advisors and public and private companies, both open and closed-end funds, in all aspects of investment and compliance, including structuring of fund complexes, exemptive orders, company registration, business development company (BDC) elections, ongoing Securities and Exchange Commission (SEC) reporting, SEC examinations, Small Business Investment Company (SBIC) applications and administration, portfolio investments, corporate governance and fund mergers. David has structured several unique BDCs, including funds with a two-level SBIC structure, a renewable energy fund and a growth stage venture fund.

David is a member of the firm’s Partner Board.

“David is the leading lawyer in the ethanol industry.” 

John M. May, Managing Director, Hamilton Clark


Industry

Services

Recognition

  • The Best Lawyers In America, Corporate Law, International Trade and Finance Law, 2005-2019
  • Chambers USA, Corporate/Commercial Law, 2010-2018
  • IFLR1000, M&A (Nebraska), Highly Regarded, 2018

Education

  • J.D., University of Nebraska College of Law
    • with high distinction
      • Nebraska Law Review, Managing Editor, 1978-1979
  • B.A., George Washington University
    • Political Science

Admissions

  • Nebraska

Professional Associations and Memberships

  • Association of Corporate Growth, Nebraska Chapter, Board of Directors, 2011-2016
  • Nebraska State Bar Association, Securities Law Section
  • Omaha Bar Association
  • Society of Corporate Secretaries and Governance Professionals
    • Rocky Mountain Chapter, President, 2008-2011; Advisory Board, 2000-2014
    • National Board of Directors, 2014-present
Experience
  • Represented public ethanol issuer that operates a 125-million-gallons-per-year ethanol plant that uses excess steam from adjacent coal-fired power generation plant with significant minority investment from international grain trading company.
  • Represented growth stage technology companies with businesses focused on food ingredients, software, electronic payments, electronic security and customer interface/digital signage solutions.
  • Represented clients and served as transaction leader in numerous buy-side and sell-side merger/acquisition transactions in industries,including renewable energy, manufacturing, financial services, information technology, electronic security and retail.
Community Leadership
  • Episcopal Diocese of Nebraska: Trustee of Bishop and Trustees, 2009-2015; Committee on Legislation; President, Council on Discipline
  • Nebraska Arts Council, Board of Directors, 2006-2013
  • Opera Omaha, Board of Directors, Advisory Board, 2011-present; Chair, Board of Advisors, 2015-present; Chair of Long Range Planning, 2011-2013; President, 2003-2005
  • Trinity Episcopal Cathedral, Senior Warden, 2012-2014