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David G. Marks

Working closely with corporate executives, investors, specialty lenders, financial advisors and investment bankers, David Marks approaches corporate transactions from the perspective of the clients he represents. David’s experience includes mergers, acquisitions, divestitures, debt and equity financings and other strategic business transactions. By aligning economic interests and finding common ground for the parties on both sides of the transaction, David has developed a reputation for developing creative solutions that bring deals to successful closings.

Prior to joining Waller, David gained valuable experience as an associate with Jones Day in New York where he advised distressed businesses in the design and implementation of sweeping operational and financial restructurings and the acquisition and sale of business segments and assets. David also represented major financial institutions in contract and securities litigation concerning credit default, interest rate, and exotic swap agreements, collateral agreements, collateralized debt obligations, and Rule 10b-5 and Ponzi scheme liability.

Experience

  • Core member of cross-disciplinary team that negotiated the sale of intellectual property, real estate and personal property of a distressed consumer products company for more than $800 million.
  • Represented a critical vendor in negotiations with the largest public company to file for bankruptcy in 2013 and obtained full cash payment of client's claims and renewal of business relationship with reorganized company.
  • Represented debtors-in-possession as special derivatives counsel in largest chapter 11 cases ever filed. While leading discovery team in $1 billion litigation, with more than 20 reporting attorneys and paralegals, developed a computer program to solve client's confidentiality concerns in discovery while cutting redaction costs by more than 75%.
  • Represented an investment bank in pursuit of claims against a bankrupt operator of satellite and terrestrial telecommunications systems.

Professional

  • Member, Nashville and Tennessee Bar Associations

Prior Affiliations

  • Associate, Jones Day, New York, N.Y., 2009-2014
  • Director of Policy Debate, Bronx High School of Science, 2006-2010

Education

  • J.D., Columbia Law School, 2009
    • Columbia Journal of East European Law; staff editor, 2007-2008; submissions editor, 2008-2009
    • Harlan Fiske Stone Scholar
    • Harlan Fiske Stone Honors Moot Court
  • B.A., cum laude, Dartmouth College, Government & International Relations, Geography, 2006
    • Edson Memorial Prize for Excellence, Government Department
    • Champion or top-8 finish at numerous debate tournaments, including the National Invitational Debates at U.C. Berkeley (First Place, twice) and the Cross Examination Debate Association National Championship (Third Place)
    • Sigurd S. Larmon Debate Scholarship and Brooks Cup for Excellence in Forensics
    • Gerald Tracy Piano Competition (Second Place)

Legal Services

Industries Served

Bar Admissions

  • Tennessee
  • New York

Up Close

By his own admission, David has served as the commissioner of “too many” fantasy football leagues. He has recently started playing the piano again after being away from the keyboard for several years.