David Herbst is a partner in the Palo Alto office of Manatt, Phelps & Phillips, LLP and head of the firm's Northern California Business & Transactions practice. Mr. Herbst counsels public and private companies at the board, board committee and executive officer levels on a broad range of corporate, corporate governance and executive compensation matters. His practice emphasizes serving the needs of technology companies and financial institutions. Mr. Herbst has practiced in Silicon Valley his entire career, while regularly supporting clients of the firm’s Southern California and East Coast offices as well.
Mr. Herbst has extensive experience in federal and state income taxation, employee benefits and ERISA. He regularly advises companies on the tax and securities law aspects of stock option and other incentive compensation plans, qualified and nonqualified retirement plans, welfare benefit plans and executive benefit programs, both from a design and operational standpoint and in connection with merger and acquisition activity. Mr. Herbst works with promoters of venture capital, real estate and other investment funds in structuring their funds to address tax and ERISA concerns of both the promoters and fund investors.
Mr. Herbst earned his B.A., magna cum laude, from Pomona College and his J.D. from Stanford Law School.
He is a co-author of the Bloomberg BNA Health Law & Business Portfolio Series No. 2350, Affordable Care Act Implementation: Regulations, Models and Implications.