Corporate Law Mergers and Acquisitions Law
J. David "David" Washburn
Recognized in Best Lawyers since 2015 Awarded Practice Areas
Biography
When business owners, boards of directors and investment bankers are tasked with buying or selling a sophisticated business enterprise, they call David Washburn. And should a controversy arise following closing, clients seek David out to fully understand their options, mitigate losses and plan their next steps. Having been recognized as one of the Best Lawyers in America since 2015 and as head of Katten's Corporate practice in Dallas, David is a true legal strategist who brings a passion for winning and a proven ability to get things done.
M&A transactions have become exponentially more complex in recent years. In addition, an increasing number of high value transactions are resulting in some form of post-closing controversy – whether as a result of a working capital true-up dispute; earn-out or other purchase price issue; indemnity claim; or alleged misconduct on the part of one of the parties. Armed with a rare "360-view" of these transactions, David utilizes his in-depth understanding of market trends, relevant case law and complex transaction structures, as well as his skills as a persuasive negotiator, to meet his clients' business objectives – whether that is getting the deal done on time, within budget and without controversy or securing a client's rights after the deal is already done, but controversy appears unavoidable.
Overview
- University of Tulsa, J.D., graduated 1992
- Texas, United States
- "Building a Winning Board" workshop presented by Texchange and NASDAQ OMX, The University of Texas at Dallas (April 29, 2008) - Panelist
- "Dealing with Businesses in Distress: Minimizing Risks and Maximizing Opportunities" (June 2, 2009) - Panelist
- "Journey to an IPO" presented by American Woman's Society of CPA's Conference, Fairmont Hotel, Dallas, Texas (October 30, 2008) - Panelist
- Dallas Bar Association's Sixth Annual "M&A Nugget-Palooza" (October 12, 2010) - Panelist
- Texas, United States
- "Building a Winning Board" workshop presented by Texchange and NASDAQ OMX, The University of Texas at Dallas (April 29, 2008) - Panelist
- "Dealing with Businesses in Distress: Minimizing Risks and Maximizing Opportunities" (June 2, 2009) - Panelist
- "Journey to an IPO" presented by American Woman's Society of CPA's Conference, Fairmont Hotel, Dallas, Texas (October 30, 2008) - Panelist
- Dallas Bar Association's Sixth Annual "M&A Nugget-Palooza" (October 12, 2010) - Panelist
- University of Tulsa, J.D., graduated 1992
Client Testimonials
Awards & Focus
Recognized in The Best Lawyers in America® 2026 for work in:
- Corporate Law
- Mergers and Acquisitions Law
Special Focus:
- Mergers & Acquisitions
- Securities
Awards:
- Best Lawyers Under 40, D Magazine (2002)
- Best Lawyers, D Magazine (2012, 2015)
- Texas Super Lawyer in Mergers and Acquisitions Law, Texas Monthly (2013, 2014)
- Lead M&A Attorney on the 2012 Aerospace and Defense Deal of the Year
- Profiled as one of the leading Mergers and Acquisitions lawyers in the United States, The US Legal 500 (2008, 2009, 2012 and 2014)
News & Media
Additional Information
- Part 2
- represented Composite Engineering, Inc. (U.S. drone-maker) in its sale to Kratos Defense & Security Solutions Inc. Transaction was recognized as the Aerospace and Defense "Deal of the Year - 2012;"
- represented vAuto, Inc. (a high-tech automotive inventory management tool and the second fastest growing software company in the country) in its sale to AutoTrader.com;
- represented ATX Group (following Onstar, the second largest telematics provider in the world) in its sale to Cross Country Automotive Services;
- represented Silverleaf Resorts (a publicly traded timeshare company) in its sale to Cerberus;
- represented Handango in its sale to PocketGear in a transaction that created the world's largest cross platform, open app store for mobile content;
- represented Huawei Technologies in its acquisition of Cognigene;
- represented a “top five” domestic interexchange carrier in the acquisition of a multinational telecommunications company;
- Part 3
- represented buyers and sellers of various construction companies—both bonded and unbonded (including a manufacturer of high-rise and commercial construction components, a high-power line installation and service company, a bridge and infrastructure company, and a turf field and sports track installer);
- represented numerous public companies in M&A transactions, including the merger of the world’s leading technology services company; and
- represented scores of other private sellers and buyers of “middle-market” businesses valued between $10 million and $500 million (including those in the aerospace and defense, medical devices, biotechnology, software, distribution, food products, online services, manufacturing and services industries).
- representing companies with FCPA investigations and inquiries;
- representing clients (both employers and whistleblowers) in connection with internal investigations including as it relates to purported accounting fraud (including revenue recognition, channel stuffing and earnings management claims); employee embezzlement; insider trading; and Sarbanes-Oxley violations; and
- representing clients in connection with regulatory review proceedings.
Governance
David’s governance-related experience includes:
David also represented a number of special committees, individuals and companies in connection with stock option backdating investigations; including some of the most high-profile cases in the country.
- Part 4
Securities Offerings
David has handled the initial public offering of numerous clients in a variety of industries including high technology, telecommunications, banking, manufacturing and service.
He has also handled numerous:
- private placements;
- preferred stock financings for issuers and private equity investors;
- secondary and PIPE transactions; and
- 144A transactions, including the first Trust Originated Preferred Securities Offering outside of New York.
David was Special U.S. Counsel in the IPO of Petro-Victory Energy, a South American-focused oil and gas company with E&P opportunities in Paraguay on the Toronto Stock Exchange.
- Representative Experience
Mergers and Acquisitions
David's M&A practice is distinguished by the fact that he is routinely engaged by Boards, Senior Management, investment bankers and other counsel who are tasked with managing a high-stakes, complex or usual M&A transaction. David's practice has been recognized by numerous industry and legal publications and in 2014 he was selected as one of the Best Lawyers in America. The Legal 500 (a directory of leading practitioners compiled on the basis of peer and client referrals) called Mr. Washburn one of the leading M&A lawyers in the United States and reported: "His straight-forward, goal-oriented, 'place-the-client's-objectives first' attitude is refreshing and places him in a very small elite of attorneys. He always delivers prompt, courteous, best practice services."
David:
- represented Impartial Services Group (the nation's largest provider of vehicle reacquisition and recall management services to automobile manufacturers) in its sale to a global regulated waste services business;
- represented Source Technology (manufacturer of specialized components for the Measurement While Drilling industry) in its sale to Audax Private Equity;
- represented Pecos Gathering and Marketing, Black Hawk Gathering and Striker Oilfield Services in their sale to NGL Energy Partners;
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