David C. Maxwell

Practice Focus

David has developed a broad business law practice that services clients across a wide array of industry sectors on a variety of corporate and commercial matters. His practice is primarily transaction based, with a particular emphasis on asset and share acquisitions and divestitures. His clients range from large international and national corporations to entrepreneurial start-ups. David has transactional and commercial experience in a wide variety of industries including the oil and gas, petrochemical, power, renewable energy, construction, mining, manufacturing, finance, technology, retail and health-care sectors. A significant component of David's practice is devoted to international and cross-border transactions. More specifically, David's practice encompassess the following:

  • Transactional work, including the structuring and implementation of share and asset acquisitions and dispositions, mergers, plans of arrangement, amalgamations, financings and other business transactions involving strategic investors, vendors and private equity funds
  • Formation and organization of corporations, partnerships, special purpose vehicles, joint ventures, strategic alliances and other co-ownership structures, including the preparation of shareholder, partnership and joint venture agreements and related governance documents
  • Implementation of corporate reorganizations and onshore/offshore tax efficient business structures
  • Drafting and negotiating a wide variety of corporate and commercial contracts
  • Corporate governance matters
  • Project management
  • Family enterprise matters and succession planning
  • Purchase and sale of emission offsets and credits

Practice Areas

Education

  • University of New Brunswick, Bachelor of Laws, 1992
  • Mount Allison University, Bachelor of Commerce, 1989

Bar Admission

  • Alberta 1993
  • England and Wales 2004 (non-practicing)

Professional Associations

  • Member, Law Society of Alberta
  • Member, Law Society of England and Wales (non-practicing)
  • Member, Canadian Bar Association
  • Member, Calgary Bar Association

Professional History

  • Prior to joining BD&P in 2004, David worked in the corporate department of a magic circle law firm based in London, UK where his practice focused on international and cross-border commercial transactions

Recent Representative Work

  • Counsel to The Scoular Company in connection with the $94 million acquisition of the assets of the Special Crops Division of Legumex Walker Inc.
  • Counsel to Mullen Group Ltd. in the $172 million acquisition of Manitoba-based Gardewine Group Limited Partnership
  • Counsel to Dow Chemical Canada ULC in connection with the divestiture of certain Canadian assets, including a commercial air and industrial gas separation facility and a caustic soda distribution business
  • Counsel to The Dow Chemical Company and Dow Chemical Canada ULC in connection with a proposed (and ultimately aborted) $11 billion plastics manufacturing joint venture, known as K-Dow Petrochemicals, with Petrochemical Industries Company, a subsidiary of the state owned Kuwait Petroleum Corporation
  • Counsel to Dow Chemical Canada ULC in connection with the negotiation of numerous NGL and feedstock purchase and sale, transportation, storage, extraction and interconnection agreements
  • Counsel to VolkerWessels Canada Ltd.(Volker Stevin) in connection with its acquisition of various private construction and highway maintenance companies, including Lakes District Maintenance Ltd., Mainline Construction Ltd. and McNally Contractors Ltd.
  • Counsel to VolkerWessels Canada Ltd. in connection with a reorganization of its Canadian operations
  • Counsel to a Netherlands based private equity investor on its acquisition, and ultimate disposition, of a real property development in Alberta
  • Counsel to a Calgary based public international oilfield services company in connection with various acquisition and disposition transactions in Mexico, Libya and Brazil
  • Counsel to MEG Energy Corp. in connection with its acquisition of a partially constructed crude oil feedstock transportation terminal and related assets
  • Counsel to WestLB AG, a senior secured lender, in connection with the CCAA proceedings concerning Earth First Canada Inc. and the related asset disposition of apartially completed 144 MW wind-power project
  • Counsel to the founding shareholders of SMART Technologies Inc. in connection with the acquisition of a 49% interest by a UK private equity fund
  • Counsel to Maxim Power Corp. in connection with its acquisition of five US based power generation facilities
  • Counsel to a Calgary based construction company in connection with its divestiture of its interest in a residential land development group of entities
  • Counsel to Maxim Power Corp in connection with the sale of the Alberta Power Project assets to AltaGas Pipeline Partnership
  • Counsel to a privately held Alberta based oilfield services company in connection with the acquisition of the pre-set drilling division of a Canadian public drilling services company
  • Counsel to the founding shareholders of a privately held Calgary based engineering and consulting services corporation in connection with the divestiture of all of their shares to a national project management and engineering services company
  • Counsel to a Calgary based public GPS technology corporation in connection with its acquisition of the GPS aerial guidance and flow control products business from a privately held Texas corporation
  • Counsel to a public Canadian pharmaceutical retailer in connection with its acquisition of the central fill and institutional pharmacy business carried on by a privately held corporation in Manitoba
  • Counsel to a Calgary based diversified income trust in connection with its acquisition of all of the interests of an unincorporated joint venture carrying on the business of creating and managing investment vehicles for offering to the public for investment purposes