Overview
David Marks enjoys closing fast-paced, high-pressure deals by aligning economic interests on both sides of the transaction. His practice focuses on buy-side and sell-side private equity M&A, and he has extensive experience in healthcare and other industries. In recent years, Mr. Marks has played a key role in numerous middle-market healthcare transactions involving dental, dermatology, ophthalmology, optometry and optical, chiropractic and physical therapy, women's health, gastroenterology and other specialties.
Private equity clients, investors and sellers value his counsel in recapitalizations, add-on acquisitions and roll-ups. Additionally, Mr. Marks represents private equity firms, investors and privately held companies in sales of portfolio companies and investments involving PE acquirers. Clients benefit from his ability to bring deals to successful conclusions despite the challenges often posed by the complex financing structures and deadlines of private equity transactions.
Previously, Mr. Marks gained valuable experience as an associate in New York where he advised private equity firms, distressed businesses and major financial institutions in the design and implementation of sweeping operational and financial restructurings and M&A in some of the largest Chapter 11 cases in recent history.
Representative Experience
- Represented Affordable Care, Inc. in its acquisition of an affiliated dental group, which included locations in PA, NY, TX and ND
- Represented Affordable Care, Inc. in its acquisition of two dental practices
- Represented Tru Family Dental in its acquisition by Heartland Dental and assisted with regulatory compliance and corporate matters
- Served as lead company counsel to a pediatric dental company based in California in its sale to one of the nation's largest dental providers
- Represented Lone Peak Dental Group in its acquisition by private equity firm Tailwind Capital via a leveraged buyout.
- Lead counsel to OrthoSynetics, a DSO supporting orthodontic practices across the United States, in its sale to private investors
- Represented Axia Women's Health, one of the nation's largest independent women’s health groups, in its acquisition of OB/Gyn of Indiana, a 45-doctor obstetric and gynecological practice based in Carmel, Indiana
- Represented Hildred Capital Partners in the majority recapitalization of DermCare Management
- Represent a leading vision care provider based in Irvine, California, in its acquisitions; the design of its corporate structure; and in critical negotiations with payers, manufacturers and suppliers
- Served as lead transaction counsel to Radio Systems in its acquisition by an affiliate of Clayton Dubilier & Rice (CD&R), a private equity firm
- Represented a global leader in pet containment and lifestyle products in its purchase of a competing pet products company
Credentials
- Columbia Law School, J.D.
- Dartmouth College, B.A., Government & International Relations; Geography, cum laude
- New York
- Tennessee
- Nashville Bar Association
- Tennessee Bar Associations
- Nashville Debate League, Board of Directors
- The Best Lawyers in America guide, Health Care Law, 2023-2025
- Rising Star, Mid-South Super Lawyers magazine, 2018-2024
