David Wittmann

Partner

617-292-7900

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David is an experienced business lawyer that helps his clients manage risks and grow. He concentrates his practice on corporate finance and mergers and acquisitions transactions and regularly acts as general outside counsel for many clients, addressing their day-to-day business issues. David frequently represents entrepreneurs and technology companies with respect to formation matters, intellectual property protection, contract negotiation and drafting, and capital raising matters (including debt, equity, and SAFE transactions). David also routinely works with investors ranging from independent angels to international venture capital firms.

Education

Suffolk University Law School, J.D., cum laude, 2007
- Moot Court Board, President (2006-2007)
- Suffolk Journal of Trial and Appellate Advocacy, Staff Member (2005-2006)
Ohio University, College of Business, B.A., cum laude, 2001

Bar Memberships & Admissions

Massachusetts
New Hampshire
U.S. District Court, Massachusetts
U.S. District Court, New Hampshire

Practice Areas

Honors

Named a “New England Super Lawyer Rising Star” in Boston Magazine

Professional Affiliations

Boston Bar Association
New Hampshire Bar Association

Representative Engagements

Serves as outside general counsel to privately-held companies in a variety of industries providing advice relating to governance, formation, contract, licensing, employment and finance (debt and equity) matters.
Represents several technology companies (including bloggers, other internet-based companies, mobile app and software developers, and robotics companies) with respect to general corporate matters including entity selection and formation, rolling out stock option plans and other employee incentive plans (including the issuance of restricted stock), contract matters, advisory boards matters, and employment matters.
Represents several early stage technology companies with respect to capital raising matters including seed financing rounds (i.e., series seed preferred stock deals, SAFE deals, and convertible promissory note deals) and venture capital-backed deals.
Represents venture capital firms in investments in and recapitalizations of portfolio companies in multiple sectors.

Representative Transactions

Seed Financings

David represented:

a venture capital firm in connection with multiple SAFE and seed investment rounds in the technology space;
a veterinary-based mobile application company in connection with a SAFE offering;
a SaaS (Software as a Service) company in connection with
a SAFE offering; a mobile app developer in connection with multiple bridge loan (convertible promissory notes) offerings;
a mobile app developer in connection with the sale of Series Seed Preferred Stock;
an independent solar power producer in connection with multiple bridge loan (convertible promissory notes) offerings; and
a cloud technology company in connection with multiple bridge loan (convertible promissory notes) offerings.

Venture Financings

David represented:

a nightlife technology company in connection with a Series A Preferred Stock offering;
a communication analysis SaaS (Software as a Service) company in connection with a Series A Preferred Stock offering;
a venture capital firm in connection with a Series A investment round in a cloud service provider;
a venture capital firm in connection with Series A and B investment rounds in an IT infrastructure design/implementation provider;
a robotics start-up in connection with a multi-tranche Series A investment round and Series B investment round from a venture capital firm;
a developer of an advertising platform designed for a global social networking company in connection with Series A and Series A-1 investment rounds from a venture capital firm; and
an independent solar power producer in connection with Series A and Series B investment rounds from a venture capital firm.

Mergers and Acquisitions

David represented:

a cloud technology company in connection with the sale of equity (structured as a reverse triangular merger) to a publicly traded data storage company.
a vibration isolation materials manufacturer in connection with the sale of equity (structured as a reverse triangular merger) to a private equity firm.
a regional financial services firm in connection with its restructuring and the sale of a minority equity stake to a strategic buyer.
a specialty vehicle up-fit company in connection with its acquisition of a minority equity stake in a specialty electronics up-fit company.
a national online marketing and public relations firm in connection with its recapitalization and the sale of a majority equity stake to a strategic buyer.
a fiber optic infrastructure provider in connection with its acquisition of substantially all of the assets of a major metropolitan dark fiber network.
a financial services database provider in connection with the sale of substantially all of its assets to a New York City-based private equity firm.

Other Private Placements of Securities

David represented:

a real estate investment firm in connection with the private placement of equity to finance the acquisition of a student housing portfolio at multiple universities.
a prominent Boston restaurant group in connection with the private placement of equity to finance the launch of a new restaurant.