Experience

David Benson is a partner in the Corporate, Securities and Finance practice group and a member of the Renewable Energy group. He leads the firm's Biofuels Initiative and Biomass Initiative. He represents clients in public and private transactions, including debt and equity financings, merger and acquisition transactions, joint ventures and other strategic alliances. David also has experience in structuring and advising on international transactions, primarily in Europe, Asia and the Middle East. He represents alternative energy and clean technology clients in biofuels, biomass, wind, solar, geothermal, ocean energy and other energy related areas. His clients are also engaged in fuel cell and other storage technologies, smart grid and energy efficiency and other technologies focused on alternative energy markets. He represents clients in the development, structuring, financing and acquisition of facilities producing ethanol, cellulosic ethanol, biodiesel and other advanced biofuels, including those producing or using a variety of feedstocks such as algae, jatropha, MSW, woody waste and other sustainable, non-food feedstocks. David has extensive experience with advising clients in the development, financing and acquisition of wind and biomass (including biosolids, MSW, biogas, waste-to-heat and landfill gas facilities). In addition to advising on the financing and acquisition of alternative fuel and energy projects, David has represented clients in negotiating turbine supply contracts, development agreements, operation and maintenance agreements and related development agreements. He also represents a number of other technology companies, including internet-based and software companies, in structuring operations, financings and acquisitions, and advising to successfully commercialize technology. David has experience representing food and beverage companies, including wholesale and retail distributors, and advises his clients on their operations and significant corporate transactions.

He was a law clerk to the Honorable Richard Suhrheinrich, U.S. Court of Appeals, Sixth Circuit (1992).

Representative Work

• Advised biofuels company based in Ontario, Canada on private placement and filing of S-1 registration statement in US
• Advised publicly-held company on acquisition of three separate wind energy projects in Texas
• Advised company developing commercial scale production of algae for biofuels in private placement
• Advised international financial services company on structuring joint venture in Dubai
• Advised publicly-held energy producer on the acquisition of a wind energy developer and on all projects under development throughout North America.
• Advised client on investment in series of companies owning and operating a winery and vineyard property.
• Advised client on acquisition of all outstanding shares of brewing company from parent brewery in the United Kingdom.
• Advised social networking Internet company on various rounds of financing and start-up matters.
• Advised energy technology company on commercialization of new turbine technology and private placement of convertible notes.
• Advised biodiesel company on structuring and acquisition of facility and EPC contract; advised company in redemption of interests held by minority equity holder.
• Advised wholesale/retail distributor of specialty bakery products with regard to securities compliance and corporate governance matters.
• Advised energy developer on structure and negotiation of geothermal power plant in Nevada.
• Advised minority equity holder in taking control of fishing company and its crab fishing rights under the NMFS.
• Advised software company with respect to development, acquisition and protection of IP rights.
• Advised manufacturer of specialty brushes on recapitalization of preferred stock holder.
• Advised biomass fuel producer on structuring and financing of biomass projects, including offtake contracts for feedstock and sale of feedstock to biomass plant.
• Represented power producer in renegotiating and extending the terms of two wind power projects in California and negotiating options to acquire another wind power project and hydro-storage project.
• Advised wind energy developer on sale of 90% interest in wind energy projects located in Montana.
• Advising a provider of electro-optical materials for optical telecommunications and data networks and its publicly traded parent in the subsidiary's private placement of $24 million of equity securities.
• Advising a provider of software tools for wireless communications on general corporate matters and the private placement of approximately $10 million of equity securities.
• Advising the largest wholesale life insurance broker in the United States in the sale of all of its domestic operations through a combination of asset sale, share sale and merger transactions.
• Advised Taco Bell franchisee management in buyout of all equity holders and the refinancing of all debt.
• Advising a provider of life insurance products in the restructuring of its international operations, including the formation and operation of its offshore and Hong Kong based subsidiaries.

Professional Honors & Activities

• Named a Top Lawyer in Washington in 2008 by Washington CEO and Avvo
• Named one of Washington's "Rising Stars" by Washington Law & Politics
• Appointed by Governor Chris Gregoire to the Washington Clean Energy Leadership Council, 2009-2010
• Appointed by the Washington State Department of Commerce to the State Energy Strategy Advisory Committee, 2010-2011
• Board member, Washington Clean Technology Alliance
• Past-Chair, Privately Held Companies Subcommittee, Committee on Corporate Counsel of the American Bar Association
• Past-Board member and vice president of sponsorships, Association for Corporate Growth, Seattle Chapter
• Screening and Coaching Committee, Angel Investor Forum, Zino Society
• Member, Business Law Section, Washington State Bar Association
• Member, Business Law Section, American Bar Association

Presentations

• Presenter, Review of the State of Renewable Energy in the Pacific Northwest, the Western U.S., and Around the Globe, Financing Renewable Energy Projects Seminar (Seattle 2010)
• Presenter, Novel Approaches to Financing the Clean Energy Technology Revolution, National Renewable Energy Laboratory Annual Growth Financing Conference (Denver 2007)
• Panelist, Critique business plans at , National Renewable Energy Laboratory Annual Growth Financing Conference (Denver 2007)
• Presenter, "Capital Stress Points in Renewable Energy Projects," FRA Renewable Summit, Phoenix, AZ (2007)
• Presenter, "Corporate Compliance Issues in the U.S., Asia and Latin America," R.E. Lee International Underwriting and Reinsurance Forum (November 2002)
• Presenter, "Securities Law Issues in Mergers and Acquisitions," University of Washington Continuing Legal Education Program (November 2000)
• Presenter, "Choice of Business Entity," Garage.com Boot Camp follow-up seminar (May 2000)

Civic Activities

• Board Member, Washington Clean Technology Alliance
  Member, Board of Trustees, Seattle Repertory Theatre
• Chair, member and past chair, Board of Directors, King County Boys and Girls Clubs, Southwest Branch
• Former member, Board of Directors, King County Boys and Girls Club
• Former partner and member, Environmental Grant Committee, Social Venture Partners
• Past member, Executive Committee and Board of Directors, Kent County Literacy Council
• Past member, Development Council, St. Mary's Health Services
• Past member, Finance Committee and Investment Committee, St. Cecelia Music Society

Publications

• Coauthor, Post Cash Grants, Developers Mull Financing Options, North American Windpower (2010)
• Coauthor, Financing Your Biofuels Project, The Law of Biofuels (Second Edition 2008)
• Coauthor, Next-Generation Biofuels, The Law of Biofuels (Second Edition 2008)
• Coeditor, The In-House Counsel's Essential Tool Kit, American Bar Association (2007)
• Contributor, M&A Process: A Practical Guide for the Business Lawyer, American Bar Association (2005)

Education

• Georgetown University Law Center, LL.M. international and comparative law, 1993, with distinction
• Michigan State University College of Law, J.D., 1992, summa cum laude
  MSU Law Review
• Arizona State University, B.S. finance, 1989

Admissions

• Michigan
• Washington

Print to word