David T. Day
PEOPLE

David T. Day

Senior Attorney
day.david@dorsey.com

Overview

DAVID HELPS COMPANIES ACHIEVE THEIR GOALS THROUGH MERGERS AND ACQUISITIONS, VENTURE CAPITAL FINANCINGS, AND SECURITIES OFFERINGS AND COMPLIANCE AND GUIDES INVESTMENT FUNDS THROUGH THE FUND FORMATION PROCESS.

David Day is a senior attorney in the Corporate group. His primary practice focuses on corporate and securities law, including mergers and acquisitions, venture capital financings, SEC reporting and regulatory matters, and formation of private equity and venture capital funds.

Education & Admissions

Brigham Young University, J. Reuben Clark Law School (J.D., 2008), summa cum laude, Order of the Coif

Brigham Young University (B.S., Economics, 1998)

Admissions

  • Utah

Experience

Representative Transactions

Venture Capital and Private Equity Investments and Fund Formation 

  • Represented Cross Creek Capital in connection with the formation of both venture capital funds and venture capital fund of funds
  • Represented Cross Creek Capital in connection with numerous venture capital portfolio company investments and investments in venture capital funds
  • Represented Leavitt Equity Partners in connection with the formation of venture capital funds and several portfolio company investments
  • Represented Actium Partners in connection with the formation of several investment funds
  • Represented FJ Management in connection with investments in private funds
  • Represented Reef Capital in connection with formation of investment vehicles
  • Represented Cynosure in connection with venture capital investments
  • Represented Bridge Investment Group in connection with several investments
  • Represented Workfront, Inc. in connection with its Series C and Series D venture capital financings
  • Represented HQC Holdings, Inc. in connection with multiple venture capital financings
  • Represented Union Grove in several venture capital portfolio company investments and investments in venture capital funds
  • Represented Galileo Processing, Inc. in connection with its Series A financing
  • Represented Global Learning U, Inc. in connection with multiple venture capital financings
  • Represented Morgan Creek Partners Venture Access Fund, L.P. and certain affiliates in several venture capital portfolio company investments
  • Represented Sorenson Capital Partners in its investment in Mindshare Technologies, Inc.
  • Represented Solera, Inc. in connection with its Series C venture capital financing

Mergers & Acquisitions

  • Represented NuSkin (NYSE: NUS) in connection with several acquisitions and minority investments
  • Represented Five Star Franchisingin connection with its acquisition
  • Represented an affiliate of Klein-Becker in connection with the sale of the StriVectin skin care brand to Catterton Partners
  • Represented Franklin Covey Co. (NYSE: FC) in connection with the sale of its CSBU division to a platform company of Peterson Partners L.P.
  • Represented Evertz USA (Inc.), a subsidiary of Evertz Technologies Ltd. (TSX: ET) in connection with its acquisition of all of the outstanding stock of Antenna Technology Communications, Inc.
  • Represented Wasatch Advisors, Inc. in connection with a restructuring transaction involving Cross Creek Advisors, LLC and certain other entities affiliated with the Cross Creek family of venture capital funds
  • Represented Five Star Painting Inc. in connection with an internal restructuring and the merger of Five Star Painting Inc. into an affiliate of the Dwyer Group
  • Represented NLU Products, L.L.C. d/b/a BodyGuardz in its acquisition of substantially all of the assets of CruxCase, LLC
  • Represented a subsidiary of Franklin Covey Co. in its acquisition of substantially all of the assets of NinetyFive 5 LLC
  • Represented Current Energy Partners Corporation in connection with its acquisition via a reverse triangular merger by High Plains Gas, Inc. (OTC: HPGS)

Securities

  • Represented Nu Skin Enterprises, Inc. in connection with a fully underwritten registered secondary offering
  • Represented Perseon Corporation in filing two shelf registration statements and in multiple registered direct shelf takedown follow-on offerings and other offerings
  • Represented Roth Capital Partners in connection with the initial public offering of Neutron Energy, Inc. on Form S-1 (offering withdrawn)
  • Represented Roth Capital Partners in connection with the follow on offering of American Defense Systems, Inc. (offering not completed)
  • Represented Nu Skin Enterprises, Inc., Franklin Covey Co., The Ensign Group, Inc., Perseon Corporation, Nature’s Sunshine Products Inc., and other public companies in connection with Exchange Act reports (Forms 3, 4, 5, 8-K, 10-Q, 10-K, Schedules 13D and 13G, and proxy statements) as well as exchange (New York Stock Exchange and NASDAQ) requirements
  • Represented numerous issuers in connection with private offerings

News & Resources

Industries & Practices

  • Banking & Financial Institutions
  • Capital Markets
  • Closely Held Businesses
  • Corporate Governance & Compliance
  • Development & Infrastructure
  • Emerging Companies
  • Food, Beverage & Agribusiness
  • Healthcare & Life Sciences
  • Investment Funds
  • Mergers & Acquisitions
  • Private Equity
  • Technology

Professional & Civic

Professional Achievements

  • President, Utah Chess Association

Accolades

         Contributed 100+ Pro Bono Hours in 2021 Contributed 50+ Pro Bono Hours in 2020

  • Contributed more than 50 Challenge pro bono hours, 2020, 2022
  • Contributed more than 100 Challenge pro bono hours, 2021

Ranked in USA Chambers 2017 Leading Individual  Ranked In - USA Chambers and Partners 2016 - Leading Individual   Ranked in Chambers USA 2015 - Leading Individual 

  • Named an "Associate to Watch" by Chambers USA (Corporate/M&A), 2013-2017
  • Listed as a "Rising Star" by Mountain States Super Lawyers, 2015-2018
  • Listed in Utah Business Magazine Utah Legal Elite, 2016-2017
David T. Day