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.
- Suffolk University Law School, J.D., cum laude
- Moot Court Board, President
- Suffolk Journal of Trial and Appellate Advocacy, Staff Member
- Ohio University, College of Business, B.A., cum laude
Bar Memberships & Admissions
- New Hampshire
- U.S. District Court, Massachusetts
- U.S. District Court, New Hampshire
- Named a “New England Super Lawyer Rising Star” in Boston Magazine
- Boston Bar Association
- New Hampshire Bar Association
- Volunteers of America, Massachusetts
- Board of Directors
- 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 TransactionsSeed Financings
- 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.
- 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.
- 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.
- 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.
- Investing In a Startup - 8 Red Flags to Consider
February 20, 2019
- Don't Be Cryptic When Talking About Crypto - A Beginner's Guide to Digital Assets
Partridge Snow & Hahn Client Advisory, December 12, 2018
- Follow-On Investment in a Venture Capital Financing - Pros and Cons to Consider
August 28, 2018
- Make Your Online Terms of Service "Uber" Enforceable
November 17, 2017
- Using Convertible Notes or Safes? Beware of The Liquidation Overhang!
January 19, 2017
- SEC Adopts Final Rules to Amend Rule 504
December 19, 2016
- Regulation Crowdfunding: Worth the Wait?
May 10, 2016
- Is a SAFE, well, um... Safe?
May 5, 2016
- 5 Steps a Founder Should Take Before Raising Capital
April 13, 2016
- 5 Steps a Founder Should Take Before Raising Capital
If you are a founder of an early stage company, the issue of raising money is likely top of mind and a material source of anxiety., April 13, 2016
Representative Speaking Engagements
- Representing Start-Ups - A primer from conception, formation, and funding through growth and sale.
June 6, 2017
- PS&H Attorneys Named 2018 Super Lawyers and Rising Stars
American Lawyer Media, October 22. 2018
- PS&H Attorneys Named 2017 Super Lawyers and Rising Stars
- PS&H is pleased to announce that David Wittmann has become a Partner of the Firm
January 1, 2017