David B. Guenther was born in Michigan and moved to Ann Arbor while in high school. He was admitted to the New York Bar in 2000 and practiced with a New York firm in New York and Frankfurt, Germany. He was admitted to the Michigan Bar in 2005.
Mr. Guenther’s practice focuses primarily on U.S and international mergers and acquisitions, financing, corporate governance, succession planning for privately held companies, condominium law and real estate. He is experienced in public and private company mergers and acquisitions, securities transactions, venture capital, angel and impact investing, company formation and restructuring, real estate law, condominium law, and other transactions for established, emerging and startup business clients and nonprofits.
Education
- University of Michigan Law School, J.D. magna cum laude (1999)
- Duke University,M.A. German Studies (1997)
- Kenyon College, B.A. summa cum laude, Phi Beta Kappa (1984)
Bar Admissions
- State Bar of Michigan (2005)
Professional and Civic Involvement
- State Bar of Michigan
(Past) Chair, International Law Section - Superior Township Planning Commission
(Past) Chair - Superior Township Zoning Board of Appeals (Past member)
- Dixboro Village Green, Inc.
(Former) Director - Michigan Non-Profit Housing Corporation
(Former) Director - New York State Bar Association
Member, inactive - Washtenaw County Bar Association
- Volunteer English teacher in Kenya, East Africa in 1986-87
Recognition
Michigan Super Lawyers, Recognized as Rising Star, 2010
Teaching Experience
University of Michigan Law School, International Transactions Clinic
Adjunct Clinical Assistant Professor (2010 - present) ; Clinical Profession of Law (2015 - present)
Publications
Cryptocurrencies, NFTs, and the Expanding Definition of “Investment Contract”: Has the S.E.C. Already
Torpedoed the Howey Test?’, 30 Fordham J. Corp. & Fin. L. (forthcoming summer 2025)
The Art Dealer’s Apprentice: Behind the Scenes of the New York Art World (Rowman & Littlefield, 2024)
“Of Bodies Politic and Pecuniary: A Brief History of Corporate Purpose,” 9 Mich. Bus. & Entrepreneurial
- Rev. 1 (2019)
‘The Strange Case of the Missing Doctrine and the “Odd Exercise” of eBay: Why Exactly Must Corporations
Maximize Profits to Shareholders?’ 12 Va. L. & Bus. Rev. 427 (2018)
“International Microfranchising: The International Transactions Clinic’s Experience.” David W. Koch, co-
author. Mich. B. J. 96, no. 10 (2017); 34-38.
“‘Doing Good by Doing Deals’: How Law Students Help Social Entrepreneurs Help African Farmers,”
NextBillion, Nov. 7, 2016
"Notary, Notar: A Note on Avoiding Cross-Border Confusion," Michigan Int'l Lawyer, Vol. XXIII, No. II (Spring 2011)
“The Limited Public Offer in German and U.S. Securities Law: A Comparative Analysis of Prospectus Act Section 2(2) and Rule 505 of Regulation D,” 20 Mich. J. Int’l Law 871 (1999)
Conferences
Moderator, "Doing Good by Doing Deals: The Art of Lawyering Deals that Generate Social and Financial Returns (at home and abroad)," International Transactions Clinic 5-Year Celebration/International Law Section 25-Year Celebration, University of Michigan Law School, September 12, 2013
News Articles
"Maternal Health Startup Makes History as First 'Do-It-Yourself' Benefit Corporation in Michigan," Forbes, May 29, 2013
"Local Attorney Helps Make Legal History," Washtenaw County Legal News, July 4, 2013
Languages
English, German, Spanish