David Forney is a “company side” corporate lawyer specializing in corporate, strategic joint venture and M&A transactions. For nearly 30 years, David has represented industry parties in complex joint venture, M&A, and other strategic transactions. This experience allows David to have a greater perspective and understanding of company side concerns and processes, whether the other side in the transaction is a competitor, another strategic party or a private equity fund. His experience includes developing close working relationships with in-house counsel, in-house business development teams, internal due diligence teams, various internal legal experts and management. It has also given David insight into pricing models, internal approval processes, accounting and reporting concerns, competition concerns, and risk tolerances unique to company side participants. David’s nearly 30 years of experience representing public and private industry participants, on top of a four-year foundation at Price Waterhouse (now PricewaterhouseCoopers) as a CPA, has made him particularly qualified to handle complex strategic transactions for middle market and large business clients.
David’s experience includes numerous domestic and international joint venture and alliance transactions for public and private clients, such as Carrier Corporation, PPG Industries, Inc., Wheeling Pittsburgh Steel Corporation, World Wrestling Entertainment (the “WWE”) and the Voest-Alpine unit of Siemens. For more than 15 years, David has been approved M&A counsel for United Technologies Corporation (UTC) for transactions under $1 billion and has handled more transaction volume for UTC business units than any other attorney during the past 15 years. He has completed over 150 transactions for Carrier Corporation, UTC Fire and Security, Pratt & Whitney, Hamilton Sundstrand, UTC’s Innovation Business Development Division, and the UTC parent company in various M&A, joint venture, re-structuring, and commercial transactions.
David represents Liberty Tire Recycling, the largest tire recycler in North America, in more than 100 strategic transactions ranging up to $250 million and represented Liberty Waste Services, formerly in the municipal solid waste business, in more than 140 strategic transactions ranging up to $225 million. David also represented United States Filter Corporation in most of its strategic acquisitions during its high growth years before it was sold to Vivendi of France.
David’s strategic transactional expertise spans a broad range of industries, including HVAC, aerospace, fuel cell patent portfolios, coal mining, metallurgical coke production, steel mill maintenance, software engineering, vehicle coatings for Japanese auto manufacturers, OEM product distribution, industrial explosion protection, home security monitoring, fire fighter training systems, industrial power cell components, grand prix race tracks, electric hand dryers, water filtration systems, energy conservation services, automobile manufacturers, municipal solid waste hauling, transfer stations and landfills, tire recycling and end products, supply chain logistics, fund-of-funds investment companies, refrigeration units, office and storage space systems, hospital patient and property tracking systems, commercial engineering, software engineering, interstate highway paving, school bus transportation, movie theatre chains, and even ice cream novelty products.
Transaction forms include severe carve-outs, squeeze-out mergers, combined asset, stock and merger transactions, 50/50 partnership buyouts, options to acquire privately held businesses, state-to-state migrations, and LLC mergers. Joint venture and M&A transaction value experience range up to U.S. $1 billion and commercial contracts arrangements range up to several U.S. billion, both in non-public transactions.
David’s nearly 30 year corporate practice working for top management in a variety of business sectors and his prior CPA experience at PricewaterhouseCoopers has made him a sought after business advisor for private company boards and management on a broad range of business issues, including minority ownership disputes, problem solving, business risk management, corporate governance, commercial contracts, financing transactions, shareholder rights, restructurings, business formations, and equity investments.
David has been with K&L Gates since 1988 and recently moved his primary office from Pittsburgh to Washington D.C.