David A. Sussman

practices in the area of corporate law with a focus on private equity, capital markets and tax . Mr. Sussman chairs the firm's Private Investment Funds practice and serves as a team lead for the Duane Morris Private Equity industry group.

Mr. Sussman's private equity experience includes launching investment funds, including private equity, hedge, real estate and venture capital funds. He regularly advises funds in connection with their operations, including the acquisition and disposition of such investments. He also advises investors in connection with secondary market purchases and sales of private equity fund interests.

In the area of capital markets, Mr. Sussman represents middle-market investment banking firms in connection with debt and equity raises for middle-market issuers, with an emphasis on private placements for private issuers. He also represents middle-market private companies in connection with their capital markets transactions.

Mr. Sussman also represents clients in transactional tax work. His corporate tax practice includes all aspects of corporate taxation, including tax-free spin-offs and taxable and tax-free mergers and acquisitions of subchapter C corporations and subchapter S corporations, including forward subsidiary mergers, reverse subsidiary mergers and taxable stock sales. He represents partnerships in matters related to forming and negotiating sophisticated and complex joint ventures, including the preparation of partnership and limited liability company agreements and the purchase and sale of partnership and limited liability company interests.

Mr. Sussman received an LL.M. in 2001 from New York University School of Law. He is a 1996 cum laude graduate of New England School of Law and a graduate of the University of North Carolina at Chapel Hill.

Resume

Experience

•Duane Morris LLP
- Partner, 2013-present
•Day Pitney LLP (f/k/a Pitney Hardin Kipp & Szuch)
- Partner, 2006-2013
- Associate, 2000-2005
•Lum, Danzis, Drasco, Positan & Kleinberg LLP
- Associate, 1997-2000

Honors and Awards

•Listed in The Best Lawyers in America, 2015-2020

•Listed in New Jersey Super Lawyers, 2011-2014
•Listed in New Jersey Super Lawyers Rising Stars, 2006-2010
•Listed in Top 40 Under 40 by New Jersey Law Journal, 2007

Publications and Speaking Engagements

Selected Publications

•Co-author, COVID-19 CARES Act and Notice 2020-18: Tax Effects on Private Equity Firms and Portfolio Companies, Duane Morris Alert, March 27, 2020

•Quoted, Hedge Fund Managers Shift Billions Over Carried Interest Concern, Bloomberg, May 17, 2018

•Contributor, Time to Update Partnership and Operating Agreements Under New Audit Rules, Duane Morris Alert, January 23, 2018

•Co-author, New Pass-Through Entity Deduction Delivers Tax Relief and Complexity, Duane Morris Alert, January 8, 2018

•Co-author, House Ways and Means Committee Releases Proposal on Tax Reform, Duane Morris Alert, February 28, 2014
• Wall Street Sales Tax Reintroduced on Capitol Hill: Likely a Significant Impact on Private Investment Funds, Duane Morris Alert, April 18, 2013; republished by Law360, May 3, 2013
• New Jersey Enacts Law Encouraging Angel Investments in Emerging Technology Companies, Duane Morris Alert, April 8, 2013
•Co-author, New Jersey Adopts a New Limited Liability Company Act, Day Pitney Alert, September 28, 2012
•Co-author, 'Buffett Rule' Stalls in the Senate, Day Pitney Alert, May 2, 2012
•Co-author, IRS Issues Final Regulations on Treatment of Partnership Debt for Equity Exchanges, Day Pitney Alert, November 22, 2011
•Mentioned, Deal Roster: Berkshire Hills Bancorp - Connecticut Bank and Trust, Mergers Brief, November 8, 2011
•Co-author, American Jobs Act's Ordinary Income Tax Treatment of 'Carried Interests' Broader Than Prior Proposals, Day Pitney Alert, October 4, 2011
• Dodd-Frank Act Impact on Investment Advisers and Private Investment Funds, Day Pitney Alert, July 23, 2010
•Co-author, New Advanced Energy Manufacturing Tax Credit - 2009-2010 Credits Preliminary Application Due September 16 -- Approval to Be Based on DOE Project Rankings, Day Pitney Alert, August 28, 2009
•Co-author, Best Practices for Hedge Fund Managers and Investors Issued by the President's Working Group on Financial Markets, Day Pitney Alert, February 20, 2009
•Co-author, Annual Amendments and Online Form D Filings Become Mandatory Beginning March 16, 2009, Day Pitney Alert, February 9, 2009
•Co-author, Six IRS Notices Ease the Use of Losses Following Certain Equity Transactions, Day Pitney Alert, October 30, 2008
•Co-author, Tax Extenders Act Quashes Deferred Compensation for Managers of Offshore Funds, Day Pitney Alert, October 10, 2008
•Co-author, Federal Reserve Eases Rules on Equity Investments in Banks, Day Pitney Alert, September 25, 2008
•Co-author, President's Working Group Committee Releases Comprehensive New Standards for Managers, Day Pitney Alert, May 12, 2008
•Co-author, Lawmakers Unlikely to Consider Proposed Private-Equity Tax Increases This Year, Day Pitney Alert, October 12, 2007
•Co-author, New Tax Legislation Seeks to Treat Carried Interest Paid to Fund Managers as Ordinary Income, Day Pitney Alert, June 26, 2007
•Co-author, Hedge Funds, Deferrals, and Taxes, The Investment Advisor, November 2003
• The Private Investment Partnership - Investor, Trader, or Dealer, The Tax Adviser, October 2003
• The Careful Structuring of Hedge Funds Can Minimize Federal, State, and Local Taxes, Journal of Multi-State Taxation and Incentives, January 2003
• Structuring Hedge Funds: Federal, State, and Local Tax Issues, The Metropolitan Corporate Counsel, August 2002

Selected Speaking Engagements

•Speaker, CARES Act Webinar: Latest Developments and Insights, Duane Morris Institute (DMi), Webinar, April 3, 2020

•Breakout Session Co-Leader, Private Equity Adapting to the New Tax Reform Landscape, 8th Annual Private Equity US Spring Forum, Markets Group, May 6, 2019

•Roundtable Leader, Slicing and Dicing Carried Interest for Charitable Donations, ACG InterGrowth 2014, April 29, 2014, Las Vegas, NV