David M. Czarnecki

With extensive transactional experience, Dave advises clients across a broad range of matters, including general corporate advice, mergers and acquisitions, private equity transactions, venture capital financings, joint ventures, and entity formations. He brings a strong background in taxation and finance, enabling him to structure transactions with both tax efficiency and economic outcomes in mind.

His experience includes:

Representing buyers and sellers in mergers and acquisitions
Advising on capital raising transactions, including venture capital and private equity financings
Structuring and forming business entities, including partnerships and LLCs.
Designing and implementing equity compensation arrangements
Forming private funds and special purpose vehicles, including venture capital and real estate funds

Representative Matters

Represented eClinical Solutions LLC, a global provider of digital clinical software and services, in connection with a growth-equity investment by Summit Partners in 2020, and subsequent majority investment by GI Partners in 2024.
Represented Cristcot LLC, a clinical-stage pharmaceutical company advancing targeted therapies for gastrointestinal diseases, in connection with a $45M Series B financing, a $16 convertible bridge financing, and a $55M Series C financing.
Represented Kyrus Tech, a specialized software development firm for mission-critical cyber solutions to the Intelligence and Defense Communities, in connection with its sale to SixGen, a company backed by Washington Harbour Partners.
Represented Smart Eye, a Swedish public company and the leader in AI-based eye tracking, in connection with its acquisition of Affectiva, Inc.

Publications

PPP Fund Exhausts; Important PPP Update for Partnerships and LLCs, COVID-19 Alert

An Overview of the Golden Parachute Payment Rules

Tax Reform and Choice of Business Entity, Xconomy

Limited Application of Covenant of Good Faith and Fair Dealing in Earn-outs

Speaking Engagements

Speaker, Tax Issues for Rollover Equity in M&A Transactions: Key Considerations for Buyers and Sellers, BARBRI (Formerly Strafford), 2023

Moderator, Alternatives to M&A: Recaps, Generational Transfers, ESOPs, Targeting a Single-Buyer & More, XPX New England

Panelist, Stepping Away from the Closely Held Business, Massachusetts Bar Association

Moderator, M&A War Stories: Unexpected Challenges and Creative Solutions, XPX New England

Panelist, S Corp Redemptions: Characterization, Tax Consequences Post-Tax Reform, Application of Sections 302 and 301, Strafford

Panelist, Should Venture Capital Take Another Look at The Use of Alternative Entities, ABA Business Law Section Annual Meeting 2018

Speaker, Meeting of the Venture Capital Financing Subcommittee, ABA Business Law Section Spring Meeting

Panelist, T&C’s Made Simple, 2018 VC and M&A Forum

Panelist, Early Stage Funding, MassChallenge Bridge to Rhode Island Bootcamp

Presenter, Venture Backed M&A Waterfall Analysis: Understanding the Impact of Preferred Stock Terms on the Allocation of Transaction Proceeds, Morse

Speaker, Choice of Business Entity and Tax Basics, Babson College