David W. Clark

Partner

Overview

David W. Clark is a partner and business lawyer at Foley & Lardner LLP. He represents both public and private companies in a variety of industries with respect to transactional and business law matters, with an emphasis on the energy industry. Mr. Clark routinely advises clients on acquisition and divestiture transactions, including various types of cross-border transactions, commercial transactions and general corporate matters. He is vice chair of the Milwaukee Office Pro Bono Committee and is a member of the firm’s Finance & Financial Institutions and Transactional & Securities Practices and the Energy Industry Team.

Mr. Clark’s work within the energy industry focuses primarily on the acquisition and sale of regulated and non-regulated companies and related transactions. He also counsels clients with respect to the development, acquisition and sale of energy infrastructure projects and equipment assets.

Recognition

Mr. Clark was named to BTI Consulting Group’s coveted Client Service All Star Team in 2017. This honor is bestowed upon individual attorneys who deliver outstanding client service according to corporate counsel interviewed at large organizations with $1 billion or more in revenue. In 2016, Mr. Clark was recognized by The Legal 500 for his work in project finance, and in 2014 and 2015 he was recognized for his work in the area of renewable/alternative energy.

Education

Mr. Clark received his law degree from Indiana University School of Law-Bloomington (J.D., magna cum laude, 2005), where he was a senior production manager for the Indiana Journal of Global Legal Studies and was elected to the Order of the Coif. He received his bachelor’s degree, with high distinction, in psychology and political science from Indiana University (B.A., 2001).

Admissions and Professional Memberships

Mr. Clark's professional affiliations include memberships in the State Bar of Wisconsin and American Bar Association. He is admitted to practice in the State of Wisconsin.

Representative Matters

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Foley advised Canadian Solar Inc., one of the world's largest solar power companies, in its acquisition of Recurrent Energy, LLC, a leading North American solar energy developer, from Sharp Corporation for approximately $265 million. This represents the largest solar transaction to date that the Foley Energy Industry Team has closed.
Foley advised Canadian Solar Inc., one of the world's largest solar power companies, in its acquisition of Recurrent Energy, LLC, a leading North American solar energy developer, from Sharp Corporation for approximately $265 million. This represents the largest solar transaction to date that the Foley Energy Industry Team has closed. The acquisition of Recurrent expanded Canadian Solar’s position as a leading solar energy developer and deepened the company’s project development and financing capabilities. The acquisition has increased Canadian Solar's total solar project pipeline by 4.0 gigawatts (GW) to a total of 8.5 GW and added approximately 1.0 GW of late-stage projects, representing a revenue opportunity of at least $2.3 billion over the next two years. The transaction closed on March 30, 2015. The Foley team was led by partners Jeffery Atkin and Jason Allen, and included partners David Clark, Jason Barglow, Jamshed Patel and Leigh Riley; special counsels Justus Britt, Jeffrey Hua and Annie Tsai; of counsel Tom Mullooly; senior counsel Holden Brooks; and associate Bill DuFour.
Harley-Davidson is an American manufacturer of heavyweight touring and cruiser motorcycles. In October 2009, Harley-Davidson announced its long-term business strategy to drive growth through a single-minded focus of efforts and resources on the unique strengths of the Harley-Davidson brand and to enhance productivity and profitability through continuous improvement. That included a strategy to develop world-class manufacturing capability throughout the company by restructuring and consolidating operations for greater competitiveness, efficiency, and flexibility. The company sought flexibility to produce motorcycles closer to customer demand, enabling delivery of the right motorcycle to the right customer at the right time. Harley-Davidson certainly has had many advisors in its 110-year history who have supported the company’s vision, and Foley is honored to have been one of its legal advisors in a wide array of areas for more than 25 years. In particular, Harley-Davidson gave Foley the opportunity to assist with its recent strategic efforts in several ways. We supported Harley-Davidson in the transformational restructuring of its manufacturing operations in York, Pennsylvania; Kansas City, Missouri; and Wisconsin by assisting the company in negotiating new “state-of-the-art” labor agreements to facilitate flexible manufacturing, continuous improvement and third-party sequencing. Foley also has assisted Harley-Davidson with the insourcing of its transportation management operations, which also supports the company’s advanced manufacturing philosophy and commitment to efficiency. We have been involved in contract development in logistical areas such as a new shipping crate that enables the company to better track and manage motorcycles during shipping and a corresponding shipment/distribution arrangement that helps the company to more efficiently manage its shipment of motorcycles to dealers. Another area in which we assisted the company was in the negotiation of a sequencing and subassembly services contract under which a third party provides those services to support just-in-time manufacturing at Harley-Davidson’s restructured York, Pennsylvania, manufacturing facility. In addition to our significant work on that venture, we assisted Harley-Davidson in connection with the opening of the new leased facility from which the third party provides those sequencing and subassembly services. Our assistance included negotiating service agreements with equipment and service providers who were responsible for moving equipment from the service provider’s former facility to the new facility, installing electrical/compressed air systems, installing docking systems, and other important logistical aspects. At a Glance: Next-Generation Manufacturing Business Issues: • Continuous Process Improvement• Enterprise-Wide Supply and Distribution Chain Management and Collaboration• Facilities Siting, Reconfiguration, and Management• Next-Generation Technologies