David M. Charlton

Mr. Charlton is a partner in the Baton Rouge office of Breazeale, Sachse & Wilson, L.L.P. His principal areas of practice are transactions, corporate and business law, and estate planning, probate, and federal estate tax matters. A summary of his practice areas is set forth below.

Transactional Practice

Mr. Charlton has an extensive transactional practice representing parties to corporate and business acquisitions, sales, mergers, separations and private placements. Representative matters he has handled include transactions involving the following clients: petrochemical plant, regional petrochemical engineering company, national institutional food service company, international banking software company, national home health software company, regional health care software company, data encryption software company, regional distributorship for national magazines and books, regional construction companies, regional scaffolding company, construction equipment dealership, building materials supply company, regional barge line company, petroleum products distributor, restaurant chains, movie theatres, ambulatory surgery center, medical practices, medical clinics, optical shops, recreational watercraft manufacturer, oil and gas drilling company, auto repair chain, insurance agencies, and numerous local businesses. He has also handled the acquisition, sale or lease of various large assets, including: software rights, office buildings, commercial warehouses, shopping centers, commercial office parks, residential subdivisions, agricultural farms, timber farms, large tracts of land, jet aircraft, commercial helicopter, aircraft hanger and heavy equipment. Mr. Charlton has also participated as a team member in transactions involving the following clients: regional department store chain, regional insurance company, regional funeral home and cemetery company, regional credit reporting company, sugar refinery, regional manufacturer, regional lender software company, hotel, automobile dealerships, and regional portable storage unit company, among others.

Corporate and Business Practice

Mr. Charlton serves as corporate, business and tax counsel to many regional and local businesses. In that role, he negotiates, drafts and implements: business contracts, leases, employment contracts, noncompete agreements, confidentiality and nondisclosure agreements, shareholders agreements, buy-sells, stock option plans, deferred compensation plans, retirement plans, other employee benefit plans, and other agreements. He regularly provides advice and counsel on tax matters, business negotiations and company and equity valuations. Mr. Charlton has represented a number of motion picture production companies and motion picture industry goods and service providers. He has handled dozens of transactions involving the certification, sale and purchase of Louisiana motion picture investor, labor and infrastructure tax credits, and has regularly advised clients regarding business structure and other techniques to maximize available credits. Mr. Charlton has served as production counsel or Louisiana counsel on over twenty feature length movies and television series.

Estate Practice

Mr. Charlton has a large estate practice, involving the design and implementation of wills, trusts, family limited liability companies, life insurance programs, and other estate planning devices needed to accomplish his clients’ objectives. He has handled the probate proceedings for hundreds of estates, and has substantial experience with contested estates and estate litigation .He has handled numerous federal estate tax disputes against the federal government, both in the administrative stages against the IRS, and in a number of federal estate tax litigations against the U.S. Department of Justice. His combination of experience in both the transactional arena and in the federal estate tax valuation arena has provided him with extensive knowledge regarding the valuation of private companies.

Practice Areas

• Corporate & Finance
• Tax
  • Business Succession Planning, Estate Planning and Probate
  • Louisiana State and Local Tax (SALT)
• Succession & Probate

Education

Paul M. Hebert Law Center, Louisiana State University, J.D., 1983, Louisiana State University Law School, (Board of Supervisors Scholar, American Jurisprudence Award).

Louisiana State University, B.S., Accounting, 1980.(Alumni Federation Scholar, Beta Gamma Sigma, Phi Eta Sigma, and Beta Alpha Psi).
Certified Estate Planning and Administration Specialist, Louisiana State Bar Association Specialization Board. Certified Tax Law Specialist, Louisiana State Bar Association Specialization Board.

Admissions

1983, Louisiana State Courts, Eastern, Middle & Western Districts of Louisiana, Fifth Circuit Court of Appeals; 1984, U.S. Tax Court, 1984.

Professional Associations

Baton Rouge Bar Association

Louisiana Bar Association, Sections on Corporation and Business Law, Taxation, Trusts, Estates, Probate, Immovable Property Law, and Art, Entertainment and Sports Law.

American Bar Association, Sections on Taxation, and Real Property, Probate and Trust Law, and Entertainment and Sports Industries.

Honors and Awards

Selected by his peers for inclusion in The Best Lawyers in America^® (Since 2012)

AV^® Preeminent^TM Peer Review Rated

Publications

Presentations