David focuses on public-private partnerships involving the acquisition, financing, maintenance, and development of transportation infrastructure in the United States.

David is one of the few practitioners in the US P3 market with combined experience in the transactional, public policy and federal regulatory aspects of infrastructure public-private partnerships. From 2005 until 2009, David served at the US Department of Transportation as Deputy Assistant Secretary for Transportation Policy and Chief Counsel of the Federal Transit Administration. At the Department, David was involved in all aspects of the US Secretary of Transportation’s initiative to promote private investment in the US transportation network.

Since returning to private practice in 2009, David has acted as counsel on multiple landmark P3 transactions and “market firsts,” including (i) the Pennsylvania Department of Transportation’s award-winning Rapid Bridge Replacement Project, the first multi-asset transportation P3 in the United States, (ii) the Commonwealth of Puerto Rico’s $1.1 billion long-term concession of PR-22, the largest toll road in Puerto Rico, (iii) the $483 million long-term lease of The Ohio State University’s Parking System, the first university parking system monetization in the United States, and (iv) the long-term lease and concession of the water and wastewater systems of the Borough of Middletown, Pennsylvania. While Chief Counsel of the Federal Transit Administration, David conceived and implemented FTA’s Public-Private Partnership Pilot Program (or “Penta-P”), the federal initiative that enabled the $1.5 billion FasTracks public-private partnership led by the Denver Regional Transportation District, a model for the market today. In addition to his transactional work, David is noted for his advice to state departments of transportation on P3 program creation and pre-tender project development.

David is the author of many studies and articles that have helped infrastructure investors make sense of the US political economy and the P3 market emerging in the United States, including Home Rule and Public-Private Partnerships and Rescue Investing through Public-Private Partnerships. He also is co-author of the “P3 Model Contract Guide” published by the US Department of Transportation.

Recognized for his experience in federal transportation law, David advises P3 clients on a range of federal matters, particularly on legal issues of first impression in relation to the acceptance of federal credit assistance and grant funding in the P3 context. He represents clients before the US Department of Transportation, including the Office of the Secretary, the Federal Highway Administration, the Federal Transit and Administration, and the Federal Railroad Administration.

By appointment of US Secretary of Transportation Elaine Chao, David serves as a member of the Board of Directors of the Washington Metropolitan Area Transit Authority.

Memberships

  • Board of Directors, Washington Metropolitan Area Transit Authority (WMATA)

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