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Learn about Richard Arnholt's diverse government contracts practice and why he chose to pursue a career in the legal field. Read more>

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Experience Spotlight

In June 2017, Pinnacle Financial Partners, Inc. (NASDAQ: PNFP) closed a $1.9 billion merger with BNC Bancorp (NASDAQ: BNCN) pursuant to which BNC merged with and into Pinnacle. With the completion of the transaction, Pinnacle becomes a Top 50 U.S. Bank. The merger will create a four state footprint concentrated in 12 of the largest urban markets in the Southeast. 

Bass, Berry & Sims has served Pinnacle as primary corporate and securities counsel for more than 15 years and served as counsel on the transaction. Our attorneys were involved in all aspects related to the agreement, including tax, employee benefits and litigation. 

Read more details about the transaction here.

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Regulation A+

It seems that lately there has been a noticeable uptick in Regulation A+ activity, including several recent Reg A+ securities offerings where the stock now successfully trades on national exchanges. In light of this activity, we have published a set of FAQs about Regulation A+ securities offerings to help companies better understand this "mini-IPO" offering process, as well as pros and cons compared to a traditional underwritten IPO.

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David R. Esquivel

Member

Nashville
(615) 742-6285 TEL
(615) 742-0405 FAX

David R. Esquivel

Member

Nashville
(615) 742-6285 TEL
(615) 742-0405 FAX
Nashville
(615) 742-6285 TEL
(615) 742-0405 FAX

David Esquivel concentrates his practice on counseling, investigations, and litigation in the financial services sector, with a particular emphasis on matters relating to the Fair Credit Reporting Act (FCRA), Fair Debt Collection Practices Act (FDCPA) and Telephone Consumer Protection Act (TCPA).

He provides counsel to nationwide consumer reporting agencies (CRAs) and furnishers of consumer data on how to ensure regulatory compliance under ever-increasing demands of federal regulatory agencies. David settled the claims of 120,000 consumers on behalf of a CRA in a nationwide class action and successfully defended a CRA against a variety of FCRA claims tried to jury verdict. He regularly advises on FCRA compliance issues, handling investigations conducted by the Federal Trade Commission (FTC) and Consumer Financial Protection Bureau (CFPB), and representing clients in class action and individual litigation.

David Esquivel concentrates his practice on counseling, investigations, and litigation in the financial services sector, with a particular emphasis on matters relating to the Fair Credit Reporting Act (FCRA), Fair Debt Collection Practices Act (FDCPA) and Telephone Consumer Protection Act (TCPA).

He provides counsel to nationwide consumer reporting agencies (CRAs) and furnishers of consumer data on how to ensure regulatory compliance under ever-increasing demands of federal regulatory agencies. David settled the claims of 120,000 consumers on behalf of a CRA in a nationwide class action and successfully defended a CRA against a variety of FCRA claims tried to jury verdict. He regularly advises on FCRA compliance issues, handling investigations conducted by the Federal Trade Commission (FTC) and Consumer Financial Protection Bureau (CFPB), and representing clients in class action and individual litigation.

David's experience in financial services compliance programs, government investigations, and regulatory proceedings is complemented by his engagement by the New York Stock Exchange (NYSE) to serve as a regulatory auditor. For seven years, David frequently worked on-site at the NYSE conducting interviews, reviewing regulatory programs, providing recommendations, and rendering bi-annual reports to the NYSE and Securities and Exchange Commission regarding the NYSE's compliance with federal securities laws and regulations.

David is very active in civic and pro bono matters. In 2014, he was a Fellow in the Leadership Council on Legal Diversity. He currently serves on the Mission and Advocacy Committee of the Saint Thomas Health Services board of directors. He chairs the firm's Pro Bono Committee and is past President of the board of directors of the Duke Law Alumni Association. In 2012, David was appointed by the Tennessee Supreme Court as a commissioner on the state's Access to Justice Commission. He has served as President of the board of directors for Conexión Américas and the Tennessee Justice Center. He currently serves on the boards of the Nashville Public Library Foundation and Maddox Charitable Fund.

From 2003 to 2009, David represented victims of torture and other human rights abuses in El Salvador during the early 1980s in a civil lawsuit. David was lead counsel in a three-week trial in 2005 in which a federal court jury found the former Vice-Minister of Defense for El Salvador liable for crimes against humanity. The verdict was upheld on appeal. For his work on this case, David was named the Tennessee Bar Association's "Pro Bono Attorney of the Year" in 2005.

David received his undergraduate and law degrees from Duke University. After law school, he served as a law clerk for Judge Sam J. Ervin, III, on the U.S. Court of Appeals for the Fourth Circuit. Before moving to Nashville in 2001, David practiced law in Washington, D.C. with the firm of Shea & Gardner.

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Memberships

Law360 Privacy/Consumer Protection Editorial Advisory Board (2017)

Leadership Council on Legal Diversity — Fellow (2014)

Tennessee Bar Association — Access to Justice Committee, Chair (2010-2012)

American Bar Association — Consumer Finance Committee, Pro Bono Committee, Chair (2015-present); Antitrust Section's Trial Practice Committee, Vice-Chair (2010-2013)

Tennessee Supreme Court — Access to Justice Commission

Leadership Nashville Class of 2011

Conexion Americas — President, Board Member (2011-2013)

Tennessee Immigrant & Refugee Rights Coalition — Advisory Board Member

Tennessee Bar Association — Leadership Law Class of 2007

Nashville Public Library Foundation — Board Member

Dan and Margaret Maddox Charitable Fund — Board Member

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Accolades

Mid-South Super Lawyers (2010-2016)

Tennessee Bar Association — Harris A. Gilbert "Pro Bono Attorney of the Year" (2005)

Tennessee Bar Foundation — Fellow

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