David Marx
PEOPLE

David Marx

Partner
marx.david@dorsey.com

Overview

DAVE HELPS PUBLIC AND PRIVATE CLIENTS ACHIEVE THEIR OBJECTIVES THROUGH SECURITIES OFFERINGS AND MERGERS AND ACQUISITIONS; AND ASSISTS WITH CORPORATE GOVERNANCE AND PUBLIC COMPANY DISCLOSURE REQUIREMENTS.

Dave is a Partner in Dorsey's Corporate Group and Co-Chair of the Capital Markets practice group. He focuses his practice on corporate and securities law. He advises companies from their initial formations to eventual sales or initial public offerings. His experience includes advising public and private companies with venture capital financings, mergers and acquisitions, executive compensation, SEC reporting and regulatory matters, Sarbanes-Oxley Act compliance, NASDAQ and NYSE compliance matters, and general corporate counseling and governance. In addition, Dave represents issuers and underwriters in public equity offerings.

Education & Admissions

Harvard Law School (J.D., 2002)

Brigham Young University (M. Acc., 1999)

Brigham Young University (B.S. Accounting, 1999)

Admissions

  • Massachusetts
  • Utah

Languages

  • Japanese

Experience

Representative Work

Select Securities Offerings

  • Issuer’s counsel for the initial public offering of People’s Utah Bancorp 
  • Issuer’s counsel for the initial public offering of Great Basin Scientific, Inc. 
  • Issuer’s counsel for the initial public offering of The Ensign Group, Inc. 
  • Underwriter's counsel for the initial public offering of Volcom, Inc.
  • Underwriter’s counsel for the initial public offering of ASV Holdings, Inc.
  • Issuer’s counsel for multiple public offerings of Avinger, Inc.
  • Issuer’s counsel for Nu Skin Enterprises, Inc.’s $135 million registered secondary offering of Class A Common Stock 
  • Issuer’s counsel for two Franklin Covey Co. issuer tender offers
  • Issuer’s counsel for multiple follow-on offerings of SINTX Technologies, Inc. (f/k/a Amedica Corporation) Issuer’s Counsel for Follow-on Offering for Profire Energy, Inc.
  • Underwriter’s Counsel for the Follow-on Offering of Global Water Resources, Inc.
  • Issuer’s counsel for multiple registered direct and follow-on offerings for Perseon Corporation
  • Issuer’s counsel for multiple public offerings of Purple Innovation, Inc.
  • Issuer’s counsel for multiple public offerings of Lipocine, Inc.

Select Merger and Acquisitions Transactions

  • Represented Nu Skin Enterprises, Inc. in multiple acquisitions
  • Represented Workfront, Inc. in its acquisition of ProofHQ
  • Represented People’s Utah Bancorp in multiple acquisitions
  • Represented NI Holdings, Inc. in its acquisition of Direct Auto Insurance Corporation
  • Represented Franklin Covey Co. in multiple acquisitions
  • Represented Lyons Magnus, Inc. in its acquisition by Sierra Acquisition, Inc., an affiliate of Paine Schwartz Food Chain Fund IV, L.P. 
  • Represented Wawona Packing Co., LLC in its acquisition by Paine Schwartz Food Chain Fund IV, A, L.P. 
  • Represented Spillman Technologies, Inc. in its acquisition by Motorola Solutions, Inc.
  • Represented Perseon Corporation in its attempted tender offer/merger with Galil Medical and in its subsequent section 363 sale
  • Represented L.A.R. manufacturing in its sale
  • Represented Western-Fuels Colorado in its acquisition of the Colowyo Coal Mine from Rio Tinto 
  • Represented iArchives, Inc. in its sale to Ancestry.com Inc. 
  • Represented a large international resources company in the sale of its interest in an Alaska gold mine. 

News & Resources

Articles

Chemical Industry Update - January 2019
Marijuana Investments and Fraud Featured in SEC Investor Alert
SEC Clarifies Baby Shelf Rules
SEC Staff Issues Economic Analysis Related to the Proposed Pay Ratio Rule
SEC Offers Tips for New XBRL Filers

News & Press Mentions

IFLR1000 Ranks 13 Dorsey Lawyers and 13 Practices for 2023
200 Dorsey Lawyers Selected for Inclusion in 2024 Best Lawyers in America, Lawyers of the Year, and Ones to Watch
Super Lawyers Recognizes 16 Dorsey Attorneys in Boise, Missoula, and Salt Lake City
21 Dorsey Attorneys and Four Practices Recognized in 2023 Utah Legal Elite
Chambers USA 2023 Recognizes 23 Dorsey Lawyers and Four Practices in Salt Lake City
Chambers USA 2023 Recognizes Dorsey Lawyers and Practices
Utah 2023 Legal Elite
IFLR1000 Ranks Dorsey Lawyers and Practices for 2022
Chambers USA 2022 Recognizes Dorsey Lawyers and Practices
IFLR1000 Ranks Dorsey Lawyers and Practices for 2021-2022
Super Lawyers Recognizes 16 Dorsey Attorneys in Salt Lake City
IFLR1000 Ranks Dorsey Lawyers in Capital Markets and Investment Funds
Twenty-three Dorsey Attorneys Named to Utah Legal Elite
Dorsey Represents MX Technologies in $300 Million Series C Funding
IFLR1000 Recognizes Dorsey Lawyers and Practices
Super Lawyers Recognizes 21 Dorsey Attorneys in Salt Lake City
Twenty-two Dorsey Attorneys Named to Utah ‘Legal Elite’
IFLR1000 Recognizes Dorsey Lawyers and Practices
IFLR 1000 Recognizes Dorsey Lawyers and Practices
Super Lawyers Recognizes 22 Dorsey Attorneys in Salt Lake City
Chambers USA 2019 Recognizes Dorsey Lawyers and Practices
Twenty Dorsey Attorneys Named to Utah ‘Legal Elite’
15 Dorsey Lawyers in Salt Lake City Selected for Inclusion in The Best Lawyers in America 2019 and 2019 Lawyers of the Year
Super Lawyers Recognizes 15 Dorsey Attorneys in Salt Lake City
Chambers USA 2018 Recognizes Dorsey Lawyers and Practices in Salt Lake City

Events & Speaking Engagements

Preparing for the 2017 Proxy Season

Select Presentations

  • “Securities Law Issues in Private Company M&A.,” Utah State Bar, Securities Section, 2018
  • “Executive Compensation Issues for Public Companies,” Utah State Bar, Business Law Section, 2018

  • "Capital Raising Alternatives -- Overview and Selected Legal Issues," Seminar, 2009

  • "Executive Compensation Disclosure Rules," Utah State Bar, Securities Section, 2006

Industries & Practices

  • Banking & Financial Institutions
  • Capital Markets
  • Closely Held Businesses
  • Corporate Governance & Compliance
  • Emerging Companies
  • Energy & Natural Resources
  • Food, Beverage & Agribusiness
  • Healthcare & Life Sciences
  • Mergers & Acquisitions
  • Mining
  • Private Equity

Professional & Civic

Professional Achievements

  • Board Chair and Executive Committee Member, People Helping People
  • Mentor, Utah State Bar

Accolades

Chambers USA 2023Chambers 2022Chambers USA 2021  Ranked in Chambers USA 2020  Ranked in Chambers USA 2019 Leading Individual  
Chambers USA 2018 Leading Individual  Ranked in USA Chambers 2017 Leading Individual  Ranked In - USA Chambers and Partners 2016 - Leading Individual   
Ranked in Chambers USA 2015 - Leading Individual 

  • Listed in Best Lawyers in America©, 2014-2024
  • Ranked one of "America's Leading Business Lawyers" by Chambers USA (Corporate/M&A), 2009-2023
  • Listed as a Salt Lake City Super Lawyer, 2017-2023
  • Listed in Utah Business Magazine Legal Elite, Corporate Law and Transactions, Securities, 2015-2021
  • IFLR1000 Highly Regarded – State, 2019-2023
  • IFLR1000 Ranked in Capital Markets and Investment Funds, 2021
  • Listed as a Mountain States Rising Star, 2010, 2012-2014
David Marx