David K. Burton is a partner in Mayer Brown’s New York office and a member of the Tax Transactions & Consulting practice. He leads Mayer Brown’s Renewable Energy group in New York. He advises clients on a wide range of US tax matters, with a particular emphasis on project finance and energy transactions. In addition, he also advises clients on tax matters regarding the formation and structuring of domestic and offshore investment funds.
David has extensive experience structuring tax-efficient transactions, such as sale-leasebacks, flip partnerships, pass-through leases and other structures, for the acquisition and financing of renewable energy assets.
Earlier in his career, David was the managing director and senior tax counsel at GE Energy Financial Services (GE EFS), one of the world’s leading investors in energy projects. At GE EFS, David oversaw all of the tax aspects for more than $21 billion in global energy projects from structuring transactions to accounting for taxes to formulating tax policy initiatives.
During his tenure at GE EFS, the division’s investments in wind, solar, hydro, biomass and geothermal power grew to $6 billion, making GE EFS the largest tax-advantaged energy investor in the US. Before joining GE EFS, David was a tax lawyer at GE Capital and primarily focused on aircraft and equipment leasing and financing and asset acquisitions.
David received his BA magna cum laude from Ithaca College in 1993 and his JD cum laude from the Georgetown University Law Center in 1996, where he was on the staff of The Tax Lawyer.
- Georgetown University Law Center, JD, cum laude
- Ithaca College, BA, magna cum laude
- New York
- New Jersey
- Represented Fengate Real Asset Investments on development load finance and co-development arrangements for a utility-scale wind project in Maine, US.
- Represented Sustainable Power Group (sPower) as tax counsel in the 61 MW Latigo Wind Farm Project.
- Acted as special tax counsel to SunEdison and TerraForm Power with respect to the acquisition of Vivint Solar for $2.2 Billion.
- Represented residential solar developer in creation of $58 million tax equity fund for a portfolio of residential solar projects.
- Represented OneRoof Energy Group, Inc. in an IPO/reverse merger transaction pursuant to which OneRoof Energy, Inc., a national residential solar company, became a wholly owned subsidiary of a company listed on the Toronto Stock Exchange.
- Advised a high net worth individual on acquisition and financing of solar projects subject to virtual net metering in which the individual will materially participate in the operations to treat the tax benefits as active.
- Representation of State Street Bank & Trust in connection with the $260 million in tax equity financing for the Buffalo Dunes, a 250 MW wind project in Kansas backed by subsidiaries of Enel Green Power and GE Capital.
- Acted as special tax counsel to NRG Energy and its California Valley Solar Ranch (CVSR) project in connection with inclusion of CVSR in NRG’s public offering of securities in Yieldco.
- Acted as project counsel for Treasury Grant and tax matters in the financing of California Valley Solar Ranch, a $1.5B solar PV project supported by a Department of Energy loan guaranty.
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