David M. Smith
Partner
David Smith is a partner in the Corporate and Mergers and Acquisitions Practice Groups. Mr. Smith's practice is centered on corporate transactions including mergers, tender offers, stock and asset acquisitions, recapitalizations, joint ventures, related financings, private equity and venture capital investments, and reorganizing distressed assets and companies. Mr. Smith has represented acquirers, targets, boards of directors, special committees, pension funds, private equity and venture capital investors and investment banks in many complex domestic and cross-border, negotiated and unsolicited, and public and private transactions.
Representative Matters
- Canadian Pension Fund. Mr. Smith represented a Canadian Pension Fund in its Series C investment in Calera Corporation, Series B and Series C investments in KiOR, Inc., Series C investment in Square, Inc., Series F and Series G investments in Bloom Energy Corporation and Series C investment in FloDesign Wind Turbine Corp.;
- Resort Finance America. Mr. Smith represented an RFA affiliate in its stalking-horse credit bid to acquire certain promissory notes from debtor Pacific Monarch Resorts Inc.;
- Bankrate. Mr. Smith represented members of Bankrate's management in connection with Apax Partners' going private tender offer for Bankrate;
- LADWP. Mr. Smith represented LADWP in connection with its planned disposition of certain generation and upstream assets;
- eBay. Mr. Smith represented eBay in connection with a stockholders agreement entered into in connection with its sale of Skype to an investor group led by Silver Lake Partners; its acquisition of GittiGidiyor; and a stockholders agreement entered into in connection with its acquisition of GSI Commerce;
- Entegra Power Group. Mr. Smith represented Entegra in two separate sales of two of four generation units of the Gila River Power Station to affiliates of Wayzata Investment Partners;
- Goldman Sachs. Mr. Smith represented Goldman Sachs in its entry into a stockholders agreement in connection with an investment in Prosight Specialty Insurance;
- Levine Leichtman Capital Partners. Mr. Smith represented Levine Leichtman in connection with a management agreement entered into with Santa Cruz Nutritionals;
- Phoenix Motorcars and ZAP. Mr. Smith represented the foreign controlling investor of two electric automobile manufacturers in various corporate matters;
- Linder Industrial Machinery Company. Mr. Smith represented Linder in its sale of certain assets to Kirby Smith Machinery, Inc.;
- Erickson Air-Crane. Mr. Smith represented Erickson Air-Crane and former members of management in various corporate matters;
- Regan Holding Corp. Mr. Smith represented Regan Holding Corp. in a going private transaction that included a fairness hearing before the California Department of Corporations;
- Space Energy. Mr. Smith represented Space Energy in various corporate matters;
- Ettamogah Entertainment. Mr. Smith represented Ettamogah in various corporate matters;
- Puget Sound Energy. Mr. Smith represented Puget Sound Energy in its acquisition of Mint Farm Energy from Wayzata Opportunities Fund;
- The Walt Disney Company. Mr. Smith represented The Walt Disney Company in its acquisition of Disney Stores' assets from The Children's Place;
- Go Industry. Mr. Smith represented Go Industry in its acquisition of DoveBid Inc.;
- Accredited Home Lenders. Mr. Smith represented Accredited Home Lenders in its merger with Lone Star;
- Illumina, Inc. Mr. Smith represented Illumina, Inc. in its acquisition of Solexa, Inc.;
- Abgenix, Inc. Mr. Smith represented Abgenix, Inc. in its merger with Amgen Inc.;
- Sempra Energy Trading Corp. Mr. Smith represented Sempra Energy Trading Corp. in its sale of Energy Center Investments, LLC; and
- Sumitomo Corporation/Sumitomo Corporation of America. Mr. Smith represented Sumitomo in its acquisition of Oxford Finance Corporation.
Selected Activities
Publications
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Co-author with Doron Goldstein and Joshua Heideman, "Reverse Mergers and Nanotechnology," Nanotechnology Law & Business (March 2007, Volume 4.1)
Education
- Dickinson School of Law at Pennsylvania State University, 1999, J.D.,
magna cum laude, salutatorian, Dickinson Law Review, Woolsack Honor Society
- Saint Joseph's University, 1992, B.S.
Bar Admissions