David Lopez
Partner
“[A]n ‘exceptionally strong technical lawyer’ who is ‘able to understand the multidimensional issues faced by large, global organizations.’”
Chambers Global
“David Lopez always works to solve the problem in a manner that is most efficient and effective.”
Chambers Global
David Lopez’s practice focuses on corporate matters and financial transactions across governance, public reporting, capital markets, finance, liability management, digital assets, and distributed ledgers.
He has extensive experience with initial public offerings for domestic and foreign private issuers, public and private equity, debt and structured securities offerings, and with a range of liability management transactions such as issuer self-tender, exchange offers, consent solicitations, and open market strategies.
David also co-leads Cleary’s practice in digital assets and distributed ledger applications, representing payment companies, exchanges, custodians, and corporates. His work includes both structuring and securities law compliance.
David joined the firm in 1989 and became a partner in 1998.
Notable Experience
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Counseled a number of issuers on corporate finance, corporate governance, securities/disclosure, and/or liability management, including for Alcoa, Arconic, Citigroup, Credit Suisse, Global Foundries, HCA Healthcare, HigherOne, IASIS Healthcare, International Flavors and Fragrances, Liberty Mutual, McDonalds, PEMEX, Petrobras, Sabre, Sotera Health, Starbucks, Surgical Care Affiliates, The Hartford Financial Services Group, Verisign, Verizon, and Walgreens Boots Alliance.
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Advised various underwriters on debt and equity offerings, including for American Express, Amkor Technology, BlackRock, Citizens Republic Bancorp, Heartland Payment Systems, Ladenburg Financial, Patriot Coal Corporation, Pacific Life, PROS Holdings, Regions Financial, Teva Pharmaceuticals, Unum Group, and XLCapital.
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Advised in various liability management transactions, including tender offers, exchange offers, and consent solicitations for AIG, CEMEX, CFR Pharmaceuticals, Citigroup, Credit Suisse, Codelco, Forest Laboratories, Kindred Healthcare, Liberty Mutual, PEMEX, Petrobras, Playa Resorts, Verizon, and Zions Bancorporation.
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Issuers’ counsel in a number of SEC-registered IPOs, including for Global Foundries, Higher One Holdings, Sabre, Sotera Health, and Surgical Care Affiliates.
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Underwriters’ counsel in a number of SEC-registered IPOs, including for Adeptus Health, Aptalis Pharmaceuticals (subsequently purchased), IMS Health, MasterCard, and VMware.
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Represented major digital asset custodians, payment companies, investment funds, ecommerce platforms, and corporates on various projects to develop or analyze lending, staking, stablecoin-as-a-service, tokenized real-world asset, and/or utility token projects in compliance with U.S. regulations.
Publications
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Jury Decision Lends Support for “Shadow” Insider Trading Theory
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It’s Not Going to Be Easy Being Green: Final SEC Climate Rules
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Delaware Court of Chancery Invalidates Common Provisions in Stockholder Agreements
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AI May Do Wonders for Your Business, But What About Your Risk Profile?
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The Need for a Modernized Response to Financial Product Regulation
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The Potential U.S. Federal Shutdown – Planning Considerations for Our Clients
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Second Circuit Affirms Syndicated Loans Are Not Securities, Avoiding Market Disruption
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IFRS Releases New Global Sustainability Disclosure Standards
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Supreme Court Adopts Strict Section 11 Tracing Requirement in Slack’s Direct Listing
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Corporates Face Novel Risks From Debt Ceiling Impasse—Even if No Default Occurs
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SEC Imposes Largest-Ever Audit-Firm Penalty in Exam-Cheating Case
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The SEC Climate Disclosure Proposal – Top Ten Issues for Comment
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Climate Change Disclosures – Three Deep Dives Into the SEC Proposal
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The Materiality Debate and ESG Disclosure: Investors May Have the Last Word
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Divided Ninth Circuit Finds Securities Act Standing for Purchasers in Slack’s Direct Listing
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SEC Charges Eight Companies and Signals Need for Better Disclosures About Delayed Filings
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Corporate Sustainability: Moving Faster and Faster to the Center of Strategy and Shareholder Value
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SEC Harmonizes Regulation and Improves Access to Capital in Private Markets
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SEC Proposes a Significant Change in Reporting by Institutional Investors
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Q2 Reporting: How Should a U.S. Public Company Quantify the Impact of COVID-19?
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Slack’s Direct Listing - Court Allows Securities Act Claims Without Requiring Tracing
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First Quarter Earnings and COVID-19: SEC Officials Ask for More
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SEC Proposal: Improving Access to Capital in Private Markets
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Leading Disclosure Issues for U.S. Public Companies in the COVID-19 Era
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SEC Proposes Amendments to the Definition of Accredited Investor
Events
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October 27, 2022
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April 9, 2020
Governance Watch Webcast: COVID-19: What Companies and Boards Should Be Considering
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May 10, 2018
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April 17, 2017
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October 16, 2014
The Conference Board's "Recent Developments Related to Earnings Guidance" Webcast
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December 16, 2011