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November 16, 2021

7 Due Diligence Issues to Avoid False Claims Act Lawsuits

Nelson Mullins partners Jennifer Malinovsky and Ed White join Alice Harris, an attorney with Nexsen Pruet, to go over the key compliance areas to look for in due diligence. 

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David J. White

David J. White

Partner

One Nashville Place
150 Fourth Avenue North
Suite 1100
Nashville, TN 37219
david.white@nelsonmullins.com

David concentrates his practice in the areas of corporate and municipal finance, portfolio real estate transactions, mergers and acquisitions, and airport and aviation-related finance and development.

 

David concentrates his practice in the areas of corporate and municipal finance, portfolio real estate transactions, mergers and acquisitions, and airport and aviation-related finance and development.

 

David J. White

David concentrates his practice in the areas of corporate and municipal finance, portfolio real estate transactions, mergers and acquisitions, and airport and aviation-related finance and development.

 

Experience

Following is a selected sampling of matters and is provided for informational purposes only. Past success does not indicate the likelihood of success in any future matter.

Experience

  • Assisted clients in the implementation and consummation of a number of different types of complex structured financial transactions, including mergers, acquisitions and divestitures, sales and purchases of medically related and multifamily real estate projects, multistate securitized and non-securitized sale/leaseback transactions, multistate commercial lending facilities, airport development and concession projects (including retail, food and beverage, parking, and rental car operations), and letters of credit
  • Represented sellers and buyers in numerous portfolio real estate transactions
  • Prepared and negotiated complex corporate and financial documentation
  • Completed institutional development projects
  • Has served in a number of capacities in the issuance of debt obligations, including as bond counsel, trustee's counsel, and placement agent's counsel
  • Has advised officers and directors of both publicly traded and privately held companies with respect to both recurring and extraordinary transactional matters

Representative Transactions

  • Represented publicly traded real estate investment trust in providing approximately $200 million in construction development financing for medical properties
  • Represented seller in approximately $97 million sale of hospital and medical office building
  • Represented publicly traded borrower in $750 million secured credit facility
  • Represented privately held software company in transaction valued at approximately $39 million
  • Represented underwriters in offering of approximately $623 million convention center authority revenue bonds
  • Represented publicly traded real estate investment trust in approximately $400 million divestiture program of properties throughout the United States
  • Represented international airport in the structuring and preparation of concession and facility lease documentation for the development and financing of a consolidated rental car operations facility
  • Structured and prepared concession and lease documentation for international airport retail, food and beverage, advertising, and parking concession programs
  • Represented publicly traded real estate investment trust in acquisition of hospital and medical office properties
  • Represented purchaser in approximately $23 million apartment acquisition
  • Counseled issuer in the issuance of $201 million convertible subordinated debt obligations
  • Structured and closed land sale and a number of different interrelated transactions for the development of a $150 million condominium and resort project involving the exchange of a number of tracts of property between a client and a local governmental entity and extensive infrastructure development
  • Represented subsidiary of publicly traded company in $213 million sale/leaseback transaction involving approximately 65 restaurant locations in 14 states
  • Served as special counsel to publicly traded company in connection with $80 million sale/leaseback program involving properties throughout the southeastern United States
  • Represented privately held company in $100 million sale/leaseback program of properties throughout the southeastern United States
  • Counseled publicly traded company in divestiture of restaurant division (280 company-owned and franchised restaurants in the United States and Canada)
  • Represented publicly traded company in $270 million reducing revolving credit facility involving several hundred locations throughout the eastern United States

Education

  • Vanderbilt University Law School, JD (1983)
    • Order of the Coif
    • Senior Managing Editor – Vanderbilt Law Review

Admissions

  • Tennessee
  • U.S. District Court for the Middle District of Tennessee

Practice Areas

Industries

The bar rules of some states require that the standards for an attorney's inclusion in certain public accolades or recognitions be provided. When such accolades or recognitions are listed, a hyperlink is provided that leads to a description of the respective selection methodology.

  • Nashville Bar Association
  • Tennessee Bar Association
  • American Bar Association
  • Deacon, Forest Hills Baptist Church
  • Past President, Middle Tennessee Football Officials Association
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