In David’s utility law practice, he advises rural electric, telephone, and telecommunications utilities with their transactional, regulatory, and organizational needs. He also helps clients promote technological development, such as rural broadband, in their rural communities.
Utilities engage in critical transactions with third parties and need advice from attorneys experienced in such transactions. David has prepared multi-million dollar power-purchase agreements for wholesale power needs extending decades into the future. He has drafted, litigated, or advised utilities concerning a wide array of transactions and instruments, such as power pools, interconnection agreements, spectrum auctions, solar leases and partnership flips, easements, indefeasible rights of use (IRUs), and land-use agreements, and various security arrangements, such as guaranties, letters of credit, security agreements, and financing statements.
David places an emphasis on promoting economic development of his clients’ rural communities. So he understands the ever-growing demand and crucial need for bringing advanced telecommunications and information services to these areas. For example, he has advised and assisted rural utilities in their efforts to deploy broadband. In these efforts, he addresses funding, commercial terms, tax issues, and other concerns.
Rural utilities usually qualify for alternative systems of regulation. David advises his clients to stay within the bounds of — and flourish within — these regulatory systems. For example, he has advised clients on state and federal regulatory matters, including RUS, FERC, and state utility commission regulation of electric, telephone, and telecommunications; RUS financing questions; renewable energy tax credits and incentives, regulatory and tax depreciation, and environmental and pollution-control matters.
Organizational and Corporate
David also keeps his clients compliant in organizational and corporate matters. He advises rural utility cooperatives in connection with their state cooperative law, articles and bylaws, member relations, and capital credits. He has drafted, revised, and updated countless bylaws and policies for cooperatives and their affiliated entities. Many cooperatives’ bylaws are based on older forms that no longer fit today’s cooperative or member. As a result, a great number of electric, telephone, and telecommunications cooperatives have called on David to revise and update bylaws, along with other governing documents. In such engagements, David ensures the bylaws comply with federal tax requirements. See David’s Cooperative Law and Taxation practice.
- “Top Ten Considerations of Fiber Installation Contracts,” Rural Telecom Magazine, Spring 2017.
- “Legal Corner: Co-ops Should Periodically Evaluate Their Member Equity Practices,” Rural Cooperative Magazine, USDA (Nov./Dec. 2013).
- “Effectively Managing Capital Credits,” The Cooperative Accountant, National Society of Accountants For Cooperatives (Spring 2012).
- “The Law of Cooperatives,” Chapter 7 – “Taxation of Cooperatives,” American Bar Association 2009.
- Cooperative Law Blog
- Energy Law Blog.
- “Capital Credits 101,” NTCA 2022 RTIME.
- “Director Legal Duties and Liabilities,” NTCA Summary Symposium 2021.
- “What’s New with Capital Credits and Patronage Dividends,” NTCA’s RTIME Conference, February 17, 2020.
- “A Director’s Guide to Legal Liabilities,” NTCA 2019 Fall Conference, September 23, 2019.
- “Electric Co-Ops and Tax Reform One Year Later: The Good, The Bad and The Ugly,” National Society of Accountants for Cooperatives, April 23, 2019
- “The New Tax Law and Your Co-Op,” National Cooperative Business Association, October 3-5, 2018.
- “Capital Credits and Other Board Legal Issues,” National Telecommunications Cooperative Association – The Rural Broadband Association, Annual Meeting and RTIME, Feb. 25-26, 2018.
- “Cooperative Tax: Patronage Determinations,” National Business Cooperative Association’s Professionals Conference, October 4, 2017.
- “Capital Credit Strategies,” National Telecommunications Cooperative Association – The Rural Broadband Association, Finance and Accounting Conference, August 2017.
- “Handling Large Gains and Losses,” National Telecommunications Cooperative Association – The Rural Broadband Association, Finance and Accounting Conference, August 2017.
- “Unclaimed Capital Credits and Deposits,” Georgia EMC Accounting Association, Spring 2017.
- “Advanced Taxation and Cooperative Finance,” National Cooperative Business Association, Professionals Conference, September 2016.
- “Capital Credits Best Practices,” Georgia EMC Counsel Association, 2016.
- “Capital Credits: A Legal Perspective,” National Telecommunications Cooperative Association – The Rural Broadband Association, Annual Meeting, February 2016.
- “Cooperative Tax Update,” National Telecommunications Cooperative Association – The Rural Broadband Association, Finance and Accounting Conference, 2014.
- “Cooperative Law and Tax Update,” Georgia EMC Accountants Association, Spring 2014.
- “Cooperative Taxation Update,” National Telecommunications Cooperative Association – The Rural Broadband Association, 2013 Finance and Accounting Conference, Aug. 27, 2013.
- “Power Purchase Agreement Accounting and Taxation,” Electric Utility Consultants, Inc. Webinar, July 31, 2012.
- “Cooperative Law Update,” Georgia EMC Accountants Association, Spring 2012.
- “An Annual Update on Cooperative Taxation,” National Society of Accountants for Cooperatives, March 29, 2012.
- “Cooperative Law Update,” Georgia EMC Accountants Association, Fall 2011.
- “Electric Cooperative Capital Credits Litigation,” The 23rd Annual Georgia Electric Membership Corporation Counsel Association Annual Meeting, June 2011.
- “The Basics of Capital Credits,” Various Electric Cooperatives, 2010.
- “Capital Credits and Equity Management,” Georgia Electric Membership Corporation Accountants Association, October 21-22, 2010.