David has negotiated and closed business deals on behalf of his clients for more than ten years. As deal quarterback, he regularly works with buyers, sellers, investors, brokers, accountants and other professionals to understand key deal points, assess risks, bridge gaps between parties and efficiently drive deals to conclusion. David prides himself on being a responsive and strong, but pragmatic advocate for his clients, whether they engage in significant deals every day or just once in a lifetime.
David has extensive experience with lower-middle market business mergers and acquisitions in price from $1 million to over $100 million, in many industries. His clients have included private and public companies, private equity funds and sponsors, founders and multi-generation families. David also regularly helps technology companies bring their products and services to market and enter into key strategic alliances.
David chairs the firm's General Counsel Services practice and has worked as outside general counsel for various clients, coordinating litigation, real estate, intellectual property, estate planning and foreign legal experts where necessary.
Practicing in Texas for several years before moving back to Tennessee in 2012, his clients and deals have ranged across the U.S. and beyond.
M & A Deals
- Represented private equity funds in a variety of significant platform acquisitions, including acquisitions of the following: a multi-state urgent care clinic business, a national oilfield production components manufacturer, a leading paperboard packaging business in the Northwest, a leading supplier of aftermarket automotive parts, an international leather products company and a nationwide debt collection company.
- Led teams of international attorneys in the acquisition of a leading designer, manufacturer and marketer of sporting equipment and apparel with worldwide operations, and in the sale of an international industrial components manufacturer.
- Represented regional and small businesses, such as funeral homes, home improvement businesses and propane supply businesses, and various family owner groups, in sales to larger competitors.
- Negotiated sale of privately-held social media company to large social media conglomerate, with unique purchase price components based on social media metrics.
- Assisted strategic buyer in purchases and sales of worldwide rights to long-running, over-the-counter medicine brands.
- Represented privately-held and publicly-held companies in multiple add-on acquisitions, including of a multi-national professional services information technology support business and of a carpet manufacturing business with national sales scope.
- Negotiated purchase of real estate services company and represented buyers in successful post-closing enforcement of indemnification covenants, getting purchase price reduced by 33%.
- Represented venture-backed software company in license of software and services to multiple publicly-held financial institutions in multiple countries.
- Counseling publicly-held manufacturing companies on international joint venture distribution and supply arrangements with strategic partners.
- Represented wealthy investors and institutional investors in private equity, hedge fund and venture capital investments, including investments in vendor partners.
- Negotiated various founder exits, company recapitalizations and venture capital investments on behalf of founds and companies, including financings involving Tennessee’s TNInvestco and Incite programs.
- Negotiated buy-ins, buy-sell agreements, and terminations of professional practices of doctors, veterinarians and lawyers and other professional groups.
- Represented founders of hedge funds in fund formation and financing.
- Drafted and negotiated executive employment agreements, independent contractor service agreements and employee separation agreements, for a variety of clients.
General Counsel Services
- Provides counsel to venture capital-backed, multi-national software-as-a-service company with respect to contract-based relationships, including those with developers, clients and strategic partners.
- Counseling with respect to periodic Exchange Act filings and securities law compliance in connections with investments in private equity and hedge funds.
- Counseling with respect to registration of investment advisors and representatives with the SEC and state securities boards.
- J.D., with Honors, The University of Texas School of Law, 2006
- B.A., summa cum laude, Philosophy, with Honors, The University of the South (Sewanee), 2000
- Recipient of the Wilkins Scholarship Award
- Recipient of the Hugh H. Caldwell Award for the outstanding graduate in the Philosophy Department
- Briefing Attorney for Justice Nathan L. Hecht, Supreme Court of Texas, 2006-2007 term
- City Scope magazine - Gold Club – Influential Business Leaders, 2017
- Mid-South Super Lawyers® - Rising Stars, Mergers & Acquisitions, 2013-2017
- American Bar Association
- Tennessee Bar Association
- Chattanooga Bar Association
- State Bar of Texas, Law Practice Management Committee - Advisory Member, 2011-2012
- Association for Visual Arts, Board of Directors
- Holmberg Arts Leadership Institute - Graduate, 2016
- Hunter Museum of American Art, Avant-art Steering Committee
- Manker Patten Tennis Club, Long-Term Planning Group
- St. Paul’s Episcopal Church - Member
- Business Investment Growth Austin (BiGAustin) - Former Volunteer Teacher
- Texas Community Building with Attorney Resources (Texas C-BAR) - Former Volunteer Attorney
- Texas Hearing and Service Dogs, Board of Directors - Member, 2009-2012
- Nineteen Miller & Martin Attorneys Named 2017 Mid-South Super Lawyers and Rising Stars
- Miller & Martin Represents US Floor, Inc. in Sale to Shaw Industries Group
- Miller & Martin represents American Trust Bank of East Tennessee in an Agreement to Merge with Citizens Bank
- Miller & Martin Attorneys Selected as 2016 Mid-South Super Lawyers
- Miller & Martin Assists Larsen MacColl Partners with Investment in B&B Franchise Group
- Miller & Martin Attorneys Named Mid-South Super Lawyers for 2015
- Miller & Martin Played Significant Role in Elevating the Chattanooga Entrepreneurial Community
- Miller & Martin Attorneys Named Mid-South Super Lawyers® 2014
- David Spiller Speaks at Webinar on "Buying and Selling a Small-to-Medium-Sized Business" as Guest Panelist
- Miller & Martin Team Completes Transaction of Chartwell Investments in the Acquisition of Easton Hockey
- Miller & Martin Represents The Dixie Group in Acquisition of Atlas Carpet Mills
- Miller & Martin Represents Heritage Funeral Homes, L.P. in Sale to Carriage Funeral Holdings, Inc.
- Miller & Martin Attorneys Named 2013 Mid-South Super Lawyers®
- Miller & Martin Represents Chattem, Inc. in Acquisition of Rolaids®
- Six Miller & Martin Attorneys Named Members
- Miller & Martin Represents River Associates Investments in Acquisition of Rose City Printing and Packaging, Inc.
- Miller & Martin Advises A & S Services Group in the Acquisition of Kinard Trucking
- Miller & Martin Advises Burner Systems International, Inc. in the Sale of its Stock to an Affiliate of Aterian Investment Partners
- David Spiller Joins Miller & Martin
David is an avid tennis player (and possible future “tennis parent”) and has worked as a professional artist specializing in oil portraits (though he has since retired, he remains open to commissions at his hourly attorney rate!).