David Smith


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David Smith advises public and private companies and institutional investors on a wide range of business transactions, including mergers, stock and asset acquisitions, tenders offers, going-private transactions, minority investments, leveraged buyouts, joint ventures, related financings, and venture capital investments. He also counsels management, boards of directors, and other governing bodies on fiduciary duties and other corporate responsibilities, and is proficient in California, New York, and Delaware corporate laws.



Bar Admissions

  • California
  • New York


  • Pennsylvania State University, J.D., 1999: magna cum laude and salutatorian; member, Penn State Law Review, Woolsack Honor Society, and Corpus Juris Society
  • Saint Joseph's University, B.S., 1992

Professional Activities


  • “Representations and Warranties in M&A Transactions,” Bloomberg (March 2014)
  • “Tips for Entering NDAs in a Merger,” The Daily Journal (May 2012)

Board Member

  • Board Member, National Association of Counsel for Children
  • Former Board Member, Constitutional Rights Foundation


  • American Bar Association

In the News

Press Releases

O’Melveny Advises Solace Capital Partners in Acquisition of Sun Mountain Sports

March 7, 2022

O’Melveny Represents Nolan Capital as it Acquires Majority Stake in Coastal Farm & Ranch

December 29, 2021

O’Melveny Advises Charger Investment Partners on Acquisition of PerTronix

December 9, 2021

O’Melveny Advises Diversis on Acquisition of Fishbowl

December 1, 2021

O’Melveny Acts for Kayne Partners Fund in Closing of GeoWealth Funding Round

December 1, 2021

O’Melveny Advises PMC Capital on Sale of StyroChem Canada Ltd.

October 4, 2021

O’Melveny Advises TELEO Capital in Growth Equity Investment in Golf-Focused SaaS Provider Teesnap

May 6, 2021

O’Melveny Guides Diversis Capital in Acquisition of Performance Designed Products

April 27, 2021

O’Melveny Assists Kayne Partners in Consecutive Healthcare IT Exits

April 21, 2021

O’Melveny Advises Fabcon Precast in Acquisition of Kerkstra Precast

April 1, 2021

O’Melveny Advises rfXcel In Antares Vision Group Acquisition

April 1, 2021

O’Melveny Represents Fabcon Precast in Acquiring Oldcastle Infrastructure’s Building Services Division

February 23, 2021

O’Melveny Represents Diversis and ArrowStream in Deal with Tailwind Capital

December 16, 2020

O’Melveny Advises Diversis Capital in RFi Group Investment

November 17, 2020

O’Melveny Advises Kayne Partners in Investment in Wholesale Auto Platform Signal Automotive

November 16, 2020

O’Melveny Advises Windy City Wire on Sale to Diploma PLC

October 21, 2020

O’Melveny Advises Kayne Partners In FreightWaves Investment

July 24, 2020

O’Melveny Advises Platinum Equity in Acquisition of L&R Distributors

July 6, 2020