Practice:
Bar Admissions:
Massachusetts
Experience:
Prior to joining Burns & Levinson, Mr. Shamberger was an attorney in the Corporate Department at the law firm Day Pitney LLP. He has a broad-based corporate, securities, and transactional practice and represents entrepreneurs, emerging growth companies, private equity and venture capital funds, individual investors, and both public and private companies. David routinely counsels his clients in a wide array of matters, including the structuring and formation of start-up ventures, seed and venture stage financings, mergers and acquisitions, joint ventures and strategic alliances, federal and state securities law compliance, public and private securities offerings, commercial loan transactions, equity financing facilities, employment and stockholder arrangements, equity-based incentive programs, trademark and copyright matters, and corporate governance. David has advised clients that operate in a variety of industries, including venture capital, private equity, high tech, biotechnology, pharmaceuticals, medical devices, telecommunications, internet and e-commerce, investment management, banking and financial services, media and entertainment, homeland defense, and architecture and engineering.
Representative Transactions:
Mergers and Acquisitions
- Represented a privately owned technology company specializing in broadband routing, switching, and cable modem termination systems in a $300 million stock merger with a NASDAQ listed manufacturer of wireless telephones and wireless network infrastructure equipment
- Represented a privately owned healthcare technology company in a $95 million cash merger with a privately owned healthcare technology and consulting services company
- Represented a privately owned entertainment equipment rental and services company in a $68 million cash merger with a publicly held entertainment equipment rental company
- Represented a privately owned U.S. pharmaceuticals company in a $40 million acquisition by a German publicly held biopharmaceutical company
- Represented a privately owned provider of direct market access trading technology, risk management solutions, and brokerage services in a $27 million asset sale and equity purchase transaction with a publicly held financial services company
- Represented a privately owned leading technology news and review internet company in a $24 million asset sale transaction with a worldwide publishing company
- Represented a privately owned international investment company in a $17 million acquisition of the largest wholesale distributor of perimeter access control equipment in the United States
- Represented a private equity firm in a $5 million purchase and contribution transaction involving the combination of one of its portfolio companies with a portfolio company owned by a NYSE listed global investment banking and securities firm
Venture Capital and Private Equity
- Represented a privately owned provider of direct market access trading technology, risk management solutions, and brokerage services in a $30 million private placement of preferred stock to a leading private equity fund
- Represented a privately owned online retailer of home improvement products in a $20 million private placement of preferred stock and preferred stock warrants to certain institutional investors
- Represented a AMEX listed medical device company in a $17 million private placement of common stock, preferred stock, common stock warrants, and preferred stock rights to certain institutional investors
- Represented a AMEX listed medical device company in a $17 million private placement of common stock, preferred stock, common stock warrants, and preferred stock rights to certain institutional investors
- Represented a NASDAQ listed pharmaceuticals company in an $8 million private placement of common stock to a private equity fund
- Represented an AMEX listed medical device company in a $7 million private placement of common stock to certain institutional investors
- Represented an international private equity fund in various U.S. portfolio company investments
Securities
- Advise public companies in connection with securities offerings under the Securities Act of 1933, securities law compliance under the Securities Exchange Act of 1934, proxy statement preparation, Section 16 reporting, Rule 144 resales of restricted securities, Schedule 13D and 13G filings, stock exchange listing requirements and compliance, and corporate governance matters
- Represented a privately owned leading provider of advanced fuel cell power systems for portable, remote, and mobile applications in an initial public offering on the Alternative Investment Market (AIM) of the London Stock Exchange
- Represented a NASDAQ listed pharmaceuticals company in the establishment of a $75 million equity financing facility for sale to a private investment fund and the preparation and filing of a related shelf registration statement
- Represented a NASDAQ listed software company in the establishment of a $25 million equity financing facility for sale to a private investment fund and the preparation and filing of a related shelf registration statement
Commercial Lending
- Represented a NYSE listed lending institution in a $300 million syndicated secured loan transaction with a privately owned provider of chassis leasing services
- Represented a NASDAQ listed investment management company in a $30 million secured revolving credit facility transaction with a NYSE listed lending institution
- Represented a NASDAQ listed investment management company in a $20 million secured loan transaction with a NYSE listed financial services company
- Represented a NYSE listed lending institution in a $10 million revolving credit facility transaction with a privately owned wholesale petroleum distributor
- Represented a AMEX listed medical device company in a $5 million revolving credit facility with a NASDAQ listed lending institution
Memberships:
- American Bar Association
- Boston Bar Association
- Dartmouth Lawyer's Association
- Massachusetts Bar Association
Additional Information:
- While at Boston College Law School, David served as the Editor-in-Chief of the Boston College International & Comparative Law Review.
- While at Boston College Law School, David served as a law clerk in the Narcotics and Special Investigations Division of the Criminal Bureau of the Office of the Attorney General of the Commonwealth of Massachusetts.
- While at Dartmouth College, David served as an intern in the Office of Chief Legal Counsel to the Governor of the Commonwealth of Massachusetts.
Education:
- J.D., Boston College Law School, 1998
- B.A., cum laude, Dartmouth College, 1995
Speaking Engagements:
Burns & Levinson First Annual SBIR/STTR Forum, 9.22.2011
Location: Burns & Levinson LLP, 125 Summer Street, Boston MA
Role: Speaker
Attorney Jacob (Jesse) Erlich will speak on the topic, "Using Government Resources for Funding and Technical Assistance." Attorney David Shamberger is speaking about "Corporate Law Issues Facing SBIR Companies and Technology Start-ups."
Click here for more information.
Sixth Annual SBIR Assets Forum, 4.28.2011
Location: Boston, MA
Role: Panelist