David M.Warburg

Private Investment Fund Formation and Institutional Investor Representation

• Some of the largest US public and private corporate, multi-employer and state governmental pension plans in their individual alternative investments in various US and offshore private equity funds, hedge funds, real estate funds, funds-of-one and individual managed accounts (over 125 investor transactions engagements in the past five years alone).
• A US-based real estate debt provider in the structuring, organization and funding of private real estate debt funds focused on first mortgage and mezzanine debt real estate investments in US gateway cities, with structures optimized for capital contributed by non-US institutional, other non-US investors, and US investors.
• The endowment fund of a leading US state university system in the formation of a joint venture with one of the world’s largest sovereign wealth funds to invest in in industrial real estate properties.
• A California-based real estate company in the structuring, organization and funding of a private open-ended real estate fund focused on self-storage properties in the US.
• Several different US-based real estate owners and developers in the structuring, organization and funding of various different offshore investment structures designed to facilitate investment in individual US commingled real estate funds and individual projects from non-US institutional investors, non-US family offices and high net worth non-US individuals.
• A California-based real estate company in the structuring, organization and funding of a private open-ended real estate fund focused on investments in commercial office buildings, industrial properties and multifamily communities in Western and Southwestern US cities.
• A Fortune 500 financial services company in its strategic equity investments in leading technology-focused private equity funds.
• The US sponsor in the development and funding of a US small-cap special situation fund.
• Special corporate counsel to the US sponsor of a private equity fund comprised exclusively of large Taft-Hartley multi-employer plans and other ERISA investors and investing in one of the world’s largest infrastructure funds.
• The US public company sponsor of a private M&A acquisition platform in the structuring and formation of its internal compensation plan and other arrangements.
• A seasoned US real estate management and development sponsor in the structuring and formation of a new private real estate fund focusing on multifamily housing acquisition and development.
• A US private equity and hedge fund sponsor in the structuring and formation of a new hedge fund focusing on publicly-traded investment grade and convertible debt and preferred equity securities.
• A European publicly-traded company sponsor in the structuring, formation and syndication to US and European pension plan investors of a large private investment fund targeting French real estate investment.
• Various US sponsors in the formation of individual real estate opportunity funds targeting the acquisition of real estate assets throughout the US and Europe.

Private Equity/Mergers and Acquisitions

• The private M&A group of a NYSE-listed financial services company, in its acquisition of a majority equity investment in a US-based provider of contract manufacturing services.
• A Fortune 100 healthcare company in its acquisitions of specialty pharmacy companies with multiple locations and operations in various regions of the United States.
• The endowment fund of a leading US state university system in its sale of its joint venture interest in a large portfolio of industrial properties to one of the world’s leading private equity firms.
• The private M&A group of a NYSE-listed financial services company, in its acquisition of a majority equity investment in one of the largest technical service providers of construction and engineering services focused on the global pharmaceutical and biotechnology industries, based in the US, with substantial operations in South Asia and Latin America.
• The US shareholder of a marine services technology platform in the sale of 100% of its equity ownership to a leader in the worldwide marine and logistics industry.
• A mobile virtual network operator offering services across the Middle East, South Asia and Africa, in several rounds of private equity financing provided by a leading sovereign wealth fund, several venture capital funds and other institutional investors, and in its non-US acquisition activities.
• The US shareholders of a major worldwide provider of marine fuel brokerage services in their sale of 100% of their equity ownership to a leading Scandinavian holding company in the marine fuel industry.
• The private M&A group of a a NYSE-listed financial services company, in its initial acquisition of a substantial minority preferred equity investment, and thereafter of a majority equity interest in a privately held toy and consumer electronics company based in the US, and a concurrent equity investment in its affiliated production and distribution companies in Europe and Asia.
• A US real estate investment company focused on the suburban office market and holding over 145 operating properties, in its issuance of $100 million of preferred equity and over $100 million of common equity to US and non-US institutional investors.
• A retirement services company in its sale to the largest specialty insurance brokerage firm in the United States.
• A consortium of international investors including an international investment company focusing on investments in media in Europe and the US, and a developer and operator of digital media distribution and filtering platforms for publishing and financial services in their acquisition of the assets of a US-based news content provider from a leading worldwide news media/financial data company.
• Nice Systems, Ltd., a NASDAQ/NMS-quoted Israeli-based leading global provider of advanced multimedia digital recording platforms, software applications and consulting services, in its acquisition for cash of the assets of the CRS Division of Dictaphone Corporation.
• A US/European-based real estate fund in its preferred equity and mezzanine debt investments, and in its workouts of certain investments.

Securities Representation

• A Shenzhen, China-based company engaged in designing, developing, marketing and distributing consumer fashion products, in its reverse acquisition and concurrent PIPE financing in the United States.
• An investor/management buyout group in a leveraged "going-private merger" with a NASDAQ-quoted leading global marketer and distributor of performance chemicals and manufacturer and marketer of phenol and acetone, including a restructuring of its debt and equity and new asset-based financing.
• A major US financial institution in its structuring and formation of an investment advisor subsidiary to house a “robo-advisor” to be marketed to middle-income clients, and its related investment products, including filings and disclosures under the Advisers Act.
• A US small-cap special situation fund in multiple PIPE and controlling interest investments in various public companies traded in the US, including companies with operations in China, Latin America and the Middle East.
• Various private equity and real estate fund sponsors and various crowdfunding portals with respect to securities law compliance, including under the Advisers Act.