Dave is the firm's Managing Partner and chairs its Electronic Transactions Processing Group. He has over fifteen years of deep experience in merchant bank card law, and regularly assists both growing and mature payment processors, vendors, independent sales organizations, sales representatives, and merchants in a variety of matters relating to electronic transactions.
In his role as advisor and general counsel to merchant bank card providers, he has negotiated and documented BIN/ICA, DEX/MIP, PSP, card processing and related sponsorship and service agreements, vendor reseller and referral agreements, and master and standard sales agent agreements.
Specifically, Dave has helped develop and document residual buyback, merchant advance, split funding, up-front bonus, free terminal, merchant benefit, gift/loyalty/stored value, sales affiliate, private label, mobile payments, and other programs. He has represented buyers and sellers alike in strategic acquisitions/sales and portfolio acquisitions/sales, and regularly advises clients on card association rules and regulations, PCI DSS and PA DSS compliance, IRS 6050W compliance, data breach and privacy statutes, and a host of federal and state compliance matters.
Appreciated by his clients for his clear and timely communication, Dave brings a highly organized and proactive approach both to issue spotting and to legal project management.
Dave also chairs the firm's Creditors' Rights and Commercial Finance Group. He has represented both lenders and borrowers in structuring, negotiating and documenting complex commercial lending transactions. These transactions include syndicated and participated loans, asset-based loans, mezzanine financings, acquisition financings, credit enhancements, and equipment leasing transactions. He has also counseled clients extensively on creditors' rights and loan workout matters.
Dave has extensive experience in real estate matters, where he typically represents commercial real estate developers and investors relating to land acquisition, development and financing matters. He has extensive experience with large commercial and residential developments and renovations, including affordable housing.
Dave attended the George Washington University, where he received his B.A. degree with Distinction in Economics in 1980, and his J.D. with Honors in 1983. Dave served as a member and notes editor of The George Washington Journal of International Law and Economic Development.
Following his graduation from law school and admission to the Connecticut Bar, Dave worked as an associate for the law firm of Pullman & Comley LLC (1983-1990). In 1990, Dave joined the law firm of Trager & Trager, LLC, as a member of the firm, which merged into Berkowitz, Trager & Trager, LLC in 1999.
Dave has been listed in "The Best Lawyers in America®" since 2007, and enjoys a Martindale-Hubbell AV peer review rating.
The George Washington University, J.D., 1983
The George Washington University, B.A. Economics, 1980
State of Connecticut, as well as the U.S. District Courts for Connecticut.
- Representation of merchant bank card acquirer in the acquisition of a fully integrated, end-to-end payment processor handling $20,000,000,000 in annual card transactions.
- Representation of merchant bank card acquirer in the acquisition of 15,000+ merchant portfolio and related sales engine.
- Representation of merchant bank card acquirer in development of one of the first merchant advance programs on the market.
- Representation of merchant bank card acquirer as borrower of $90,000,000 in revolving and term credit facilities issued by syndicated lending group.
- Served as lead counsel in effort to acquire 90,000 merchant portfolio and related sales engine out of Bankruptcy.
- Representation of loan arranger, administrative agent and lead lender in syndicated $18,000,000 refinance and construction loan facilities extended to a 250-room hotel and conference center.
- Representation of hedge fund in $11,000,000 fully monitored warehouse line of credit to national cosmetic surgery finance company.
- Representation of developer in the first privatization of publicly owned housing project in the State of Connecticut, consisting of 450 affordable housing units, and funded by $16,000,000 in housing authority bonds, $6,000,000 in state grants and $10,000,000 in tax credit financing.
- Representation of development joint venture in the acquisition, development and sale of 40-acre waterfront parcel located in Stamford, Connecticut.
- Representation of affordable housing developer in acquisition, financing and development of 100 unit affordable housing project.
Representation of 100 unit, regional restaurant chain in Chapter 11 bankruptcy reorganization.
Representation of limited partner investor group in bankruptcy reorganization of major Connecticut real estate developer and operator.