David focuses his practice on complex business transactions. He represents public and privately-held businesses across diverse industries in a broad spectrum of transactional, regulatory and general business matters, with particular emphasis on contract preparation, review and negotiation; regulatory compliance; mergers and acquisitions; risk management; and public finance matters.
David has extensive experience with contracts and agreements of all types, including sale and vendor agreements, licensing agreements, disclosure documents, offtake agreements, supply contracts, indentures, letters of credit, and related transactional documents. He helps clients structure their business relationships and provides strategic counseling to guide them through the complexities to ensure their contracts and agreements provide the necessary framework for success.
David regularly represents developers, owners, investors, and corporate buyers in the energy and utilities industry, with a focus on the development, financing, sale, purchase, and operation of alternative and renewable energy facilities, including, but not limited to, solar, wind, geothermal and cogeneration facilities. He advises on regulatory compliance related to deal structuring and implementation. David has extensive experience with matters involving developing, selling, or acquiring renewable assets, including negotiation and diligence of power purchase and sale agreements, interconnection and transmission arrangements and fuel supply agreements.
A significant portion of David’s practice is dedicated to representing clients in the Esports industry. David provides counsel on a variety of issues, including the drafting, review and negotiation of contracts; business structure planning and modeling; and merger and acquisitions transactions, such as asset purchases, stock purchases, joint ventures and strategic alliances.
David has long-term involvement in municipal and government relations working with clients on a variety of redevelopment and public finance matters. He represents clients in the drafting, review and negotiations of redevelopment agreements and financial agreements for large-scale redevelopment projects, including multifamily, single-family and affordable housing projects. David has served as bond counsel, underwriter’s counsel, trustees counsel, and bank counsel for various public financing transactions, including financings for multi-family.
Representative Experience
- Represented leverage lender in various New Market Tax Credit projects drafting leverage loan documents and providing advice regarding NMTC compliance.
- Represented trust in making mezzanine loans for real estate development drafting and negotiating mezzanine financing documents and operating documents and inter-creditor agreements with senior debt provider.
- Represented tax-credit investor for Low Income Housing Tax Credit (LIHTC) investment drafting and negotiating partnership agreements and related documentation, and providing structuring and business advice to investor.
- Represented a State Housing and Mortgage Finance Agency as bond counsel in the issuance of a$71,375,000 of Multi-Family Revenue Bonds to finance various multi-family housing projects.
- Acted as bond counsel to State Parking Authority with respect to the refunding of the Authority’s $131,050,000 airport parking facilities revenue bonds.
- Acted as Underwriter’s Counsel in the issuance of $22,780,000 in Solid Waste System Revenue Bonds issued to finance cost of constructing three new landfill cells and various capital improvements and renovations to existing buildings at the complex.
- Acted as bond counsel for State Housing and Mortgage Finance Agency in the issuance of $120,000,000 Single Family Housing Revenue Bonds, issued to provide for the purchase of single family housing loans made by the Housing Agency.
- Served as Underwriter’s Counsel in the issuance of $57,500,000 Revenue Bonds, issued to finance various capital projects for higher education facility.
- Represented multinational corporation for permitting, land use approvals, tax issues, Power Purchase Agreement, Solar Land Lease, and other contracts for 14.1 megawatt, state-of-the-art, ground-mounted solar array on campus of corporate headquarters, the largest privately-owned, net-metered solar project in the Western Hemisphere.
- Represented international wind development company structuring and developing a 9 MW wind energy facility in Maine.
- Represented a large solar development and construction company in development of multiple solar energy facilities throughout the United States.
- Negotiated and drafted Power Purchase Agreements on behalf of two prominent New Jersey churches, both 501(c)(3) nonprofit organizations, granting licenses to power companies to install solar panel arrays on church rooftops for the production and sale of electricity.
- Representation of a financing institution that specializes in solar installations for 501(c)(3) organizations. The firm provides advice on transactional structure to permit nonprofits to receive federal grants and advises the client on Solar Renewable Energy Certificates. The firm also negotiates and drafts Power Purchase Agreements, Easement/License Agreements and Operating Agreements.
Professional and Community Involvement
- American Bar Association
- Camden County Bar Association
- Burlington County Bar Association
- National Association of Bond Lawyers
- Association for Commercial Finance Attorneys (ACFA)
- Construction Finance Mangers Associations (CFMA)
- Trustee, Moorestown Education Foundation
- Former Member, Moorestown Township Board of Education
- Former Member, Development Committee for Samaritan Hospice
- Former Member, Board of Trustees for the Moorestown Theater Company
- Former Vice President, Board of Trustees for the Burlington County Chapter of the American Red Cross
- Former Member, Moorestown Township Economic Development Advisory Committee
- Former Member, Moorestown Township Democratic Committee Chairman
- Former Member, Burlington County Democratic Committee
Select Articles
- “New Jersey Board of Public Utilities Takes New Action on Community Solar Petitions,” Archer Client Advisory (October 2023)