Representative Engagements

Attorney David Tatge is a leading U.S. expert in factoring law and a significant first-chair commercial litigator. As an inactive CPA, as well as a practicing attorney, he has a deep background in accounting and financial issues, as well as broad, multi-discipline experience in litigation, business finance, bankruptcy, creditors’ rights and collections, business transactions and tax. Below is a sampling of the many matters he has handled in his over 30 years in legal practice.

Commercial and Bankruptcy Litigation

  • Brought litgation action for a commercial factor against an account debtor which paid the factor’s client over notice
  • Defense of small business and guarantor clients in collection litigation and negotiation of related settlements and workouts
  • Successful action to collect a judgment owed by the judgment debtor, an international celebrity; coordinated related collection litigation in federal district courts in New York, Virginia and California
  • Defense of clients against whom a large confessed judgment was entered in by the Montgomery County (Md.) Circuit Court. Judgment opened and later vacated at a significant discount, as part of a settlement
  • Litigation on behalf of two West Coast corporate clients against Lehman Brothers Holdings, Inc., a Chapter 11 debtor, and also its subsidiary, Lehman Brothers, Inc. (LBI), the subject to a separate SIPA liquidation proceeding, both conducted in the United States Bankruptcy Court for the Southern District of New York, involving $80 million in auction-rate securities purchased by the clients from LBI. Negotiated successful settlements of both claims
  • Represented a Washington D.C. area bank in connection with a $20 million bank fraud, including initiation of successful involuntary bankruptcy proceeding
  • Represented a Virginia bank regarding multi-million mortgage loan repurchase demands made on it after the 2008 financial crisis
  • Represented Salomon Smith Barney, advisor to the Commonwealth of Massachusetts, in structuring a non-liquidating Plan of Rehabilitation, later confirmed by the Supreme Judicial Court, Suffolk County, Massachusetts, in the rehabilitation proceedings of million-member Harvard Pilgrim HMO
  • Represented client in the apparel market, with gross revenues over $20 million, in litigation among the members over the dissolution of the LLC, leading to a successful settlement
  • Represented a large national finance company in bankruptcy court litigation, nationwide, for many years
  • Advise client regarding dispute with co-owner over business management matters
  • Expert witness services in various factoring litigation matters

Commercial Finance and Business Transactions

  • Business counsel to a market-leading high-technology company which develops, manufactures and integrates global logistics management and tracking solutions for military/government and commercial clients, focusing on contract, finance and intellectual property law matters; drafting of software licenses, teaming agreements and other documents; representation on finance matters
  • Advised client in its set-up of a supply chain finance (SCF)/reverse factoring facility
  • Representation of a not-for-profit company in its successful application for federal tax-exempt status; associated corporate work (Articles, Bylaws, Organizational Meeting minutes, etc.)
  • Formation of an LLC and associated corporate work for the principal of a consulting company
  • Advise both business and individual clients on employment law matters (non-competes, NDAs, FMLA, severance agreements, and internal corporate investigations)
  • Representation of a major national old-line factor in delivery of a true-sale legal opinion requested by the company’s outside accountants
  • Co-wrote a model factoring law for Africa for an African client, with Squire Patton Boggs, London; published in Cape Town, S. Africa in October, 2016. Related speech in Mauritius, November, 2016, as well as presentations thereon to the Central Bank of Nigeria and to the Banking Committee of the House of Representatives of the Nigerian National Assembly, Abuja, Nigeria, November, 2017
  • Assisted a large Southern healthcare system which in 2015 purchased the assets of a troubled healthcare system in a nine-figure transaction; worked on asset purchase agreement
  • Represented, as local bankruptcy counsel, a hedge fund in its successful 2014 purchase of two skilled nursing facilities and two acute care hospitals out of chapter 11 bankruptcy. Worked on purchase agreement; related negotiations with federal government regarding the buyer’s liability for large False Claims Act and tax liabilities against the sellers and motion practice in the bankruptcy court
  • Represented a major national commercial factor in its purchase of hundreds of millions of healthcare accounts receivable in transactions, nationwide, over many years, both originating transactions and, on occasion, as provider of debtor-in-possession (DIP) funding, taking out an existing financier, as well as in subsequent Ch. 11 exit financing
  • Representation of both borrowers and commercial and various bank lenders in originating loan transactions and in the structure thereof, as well as in out-of-court workout situations, including restructuring, as borrower’s counsel, the debt of an American Stock Exchange company
  • Successfully subordinated District of Columbia tax liens as Chapter 7 bankruptcy trustee under 11 USC Section 724(b) in contested bankruptcy litigation, leading to a later change in the Bankruptcy Code to prohibit such a result in later matters
  • Obtained nationwide injunction as chapter 7 trustee of debtor general partnership freezing partner assets nationwide, the first chapter 7 trustee to ever do so
  • International experience in Venezuela and Curacao, Netherlands Antilles in a multi-billion international bank fraud; related federal court RICO action

Based in Oak Hill, Virginia, David B. Tatge, PLLC serves clients throughout the Washington, D.C. metropolitan area and nationwide, as well as international clients. We invite you to contact our law office to learn how your business can benefit from our services.