David B. Horner

David focuses on public-private partnerships involving the acquisition, financing, maintenance, and development of infrastructure in the United States. He heads our Public-Private Partnerships and Infrastructure Practice. Prior to returning to private practice in 2009, David served as the Chief Counsel of the Federal Transit Administration and Deputy Assistant Secretary for Policy at the US Department of Transportation.

Recognized by Chambers (USA) as a “Leader in the Field” (Band 2) in the category of USA Projects: PPP (Nationwide), David is one of the few practitioners in the US PPP market with combined experience in the transactional, public policy and federal regulatory aspects of infrastructure public-private partnerships.

“Highly responsive, whip-smart and shrewd.” – Chambers USA 2024

“We couldn't be happier with them. On a scale of one to ten, I'd give them a nine because I don't give any tens.” – Chambers USA 2023

“David and his team quickly got up to speed on the deal points and were able to add value immediately.” – Chambers USA 2022

“David has an excellent awareness of client needs and PPP market trends, enabling him to deliver timely and relevant advice.” – Chambers USA 2022

“He is very sharp, knowledgeable and proactive.” – Chambers USA 2021

“He understands the wider context, tailoring his approach depending on the stage of the project, which makes it more efficient for everybody.” – Chambers USA 2020

“He is candid and an excellent deal attorney. He thinks about pragmatic approaches to issues, not just legal but on the business side as well. He is well researched across a number of areas, with experience in roads, ports and water.” – Chambers USA 2019

Recognized for his experience in federal transportation law, David advises PPP clients on a range of federal matters, particularly on legal issues of first impression in relation to the acceptance of federal credit assistance and grant funding in the PPP context. He represents clients before the US Department of Transportation, including the Office of the Secretary, the Federal Highway Administration, the Federal Transit and Administration, and the Federal Railroad Administration.

David’s recent or current representations in the United States include acting as lead project counsel for:

Energy

• A university in Texas on its procurement of the design, construction, financing, operation, and maintenance of its campus energy complex.
• A university in Kentucky on its procurement of the design, construction, financing, operation, and maintenance of its campus energy complex.
• A short-listed proposer on its bid to design, build, finance, operate, and maintain the Central Energy Plant at the University of Florida.
• A university in Kentucky as grantor of a long-term lease and concession of the university’s utility system.
• A university in Louisiana as grantor of a long-term lease and concession of the university’s utility system.
• The preferred proposer on its bid to acquire the $225 million long-term lease and concession of the University of Idaho Utility System.
• A short-listed proposer on its bid to acquire the $1.1 billion long-term lease and concession of the University of Iowa Utility System.
• A national utility provider on its bid to acquire the $1.1 billion long-term lease and concession of The Ohio State University Utility System.
• A mid-Atlantic PPP office on its DBFOM of a city-wide street lighting project.

Transportation

• The sponsor and the applicant, jointly, in their negotiation with the Federal Railroad Administration of a multi-billion dollar grant to support an intercity passenger rail megaproject, one of the largest grants ever awarded to a surface transportation project in the United States.
• A state department of transportation on its procurement of a state-wide network of electric vehicle charging stations.
• The Lenders to the preferred proposer on the New York MTA’s ADA Upgrades at 13 Stations Project (Package 3).
• A short-listed proposer on its bid to design, build, finance, operate, and maintain a toll bridge on Interstate 10 across the Calcasieu River in Louisiana.
• The senior lender and development finance provider to a high-speed rail project in the United States.
• The lender to a sponsor acquiring additional ownership of a managed lanes project in North Carolina.
• The lenders to a shortlisted proposer on a managed lanes project in Georgia.
• A leading transportation infrastructure fund on its bid to acquire a long-term concession and lease of the parking system at Sky Harbor International Airport in Phoenix, Arizona.
• A leading transportation infrastructure fund on its bid to acquire American Roads, LLC from Syncora Guarantee Inc.
• A toll road concessionaire in the re-negotiation of its concession agreement with a state department of transportation.
• The underwriters to a shortlisted team on the SR400 Express Lanes project in Georgia.
• The procuring authority with respect to a long-term operations and maintenance agreement for the municipal ferry system in Puerto Rico.

Broadband

• A state department of technology on its procurement of an operation, maintenance, and commercialization contract for an 8,500 linear mile fiber optic network, the largest transaction of its kind attempted in the United States to date.
• A leading infrastructure fund on two long-haul fiber-optic projects in the United States.
• A southeastern department of transportation on its proposed Broadband Fiber Optic Network PPP Project along I-95 and US 70.
• A northeastern turnpike authority on its DBFOM of a Broadband Fiber Optic Network PPP Project along its 550-mile right-of-way.

Water

• A national water system operator on its bid to acquire equity in the developer of the Vista Ridge Water Pipeline Project and for a long-term operations and maintenance agreement with the developer.
• The Pennsylvania Department of Transportation’s award-winning Rapid Bridge Replacement Project, the first multi-asset transportation PPP in the United States.

• Recognized as a Leader in Projects: PPP, USA, Chambers Global, 2020-2025
• Named a Leading Lawyer for Project Finance, Legal 500 United States, 2024
• Recognized as a Leader in Projects: PPP, USA-Nationwide, Chambers USA, 2016-2024

• Adjunct Fellow, Hudson Institute
• Member of the Board of Directors of the Washington Metropolitan Area Transit Authority by appointment of the U.S. Secretary of Transportation, 2017-2019
• Deputy Assistant Secretary for Policy, U.S. Department of Transportation, 2005-2009
• Chief Counsel, Federal Transit Administration, 2005-2009