[email protected]

Contact Information
San Bernardino Office
550 E. Hospitality Lane, Suite 300
San Bernardino, CA 92408
Tel: (909) 890-4499
Fax: (909) 890-9877

Practice Areas

  • Business
  • Tax
  • Trust & Estate


  • LL.M., Boston University School of Law, Taxation, 2010
  • J.D., University of La Verne College of Law, 2009, cum laude
  • B.A., Brigham Young University, Political Science, 2006


  • U.S. Tax Court
  • California




Certified Specialist, Taxation Law 
State Bar of California Board of Legal Specialization

David Foate is a member of the business practice group where he concentrates his practice on the tax complexities inherent in clients’ U.S. and international corporate affairs. Mr. Foate represents clients in federal, state, and local tax controversies including audits, reassessments, and tax related civil litigation. He also works proactively with business owners, their tax preparers, and their families to develop customized practical solutions that best accommodate their general business needs as well as their long-term trust and estate planning goals.  This past year, Mr. Foate has assisted his clients with the following:

  • Audit Defense
  • Business Startups
  • Business Sales
  • California Property Tax Reassessments and Appeals
  • Captive Insurance Strategies
  • Charitable Gift Planning
  • Contract Negotiations
  • Divorce Settlements For Business Owners 
  • Employment Tax Liability
  • ERISA Compliance
  • FBAR Filings
  • FIN 48 Opinions for uncertain tax position
  • Non Profit Law
  • Non-Qualified Deferred Compensation Plans
  • OFAC Compliance
  • Phantom Stock Arrangements 
  • Private Offering Memoranda 
  • Shareholder Agreements
  • Shareholder Buyouts/ Redemptions
  • Shareholder Dispute Resolution
  • Stock Option Plans
  • Subscription Agreements for Venture Capital and Equity Investors
  • Supply Chain Agreements, Domestic and International 
  • Tax-Free Mergers and Reorganizations

Tenants-in-Common Agreements

  • Trust & Estate Planning, Administration and Litigation
  • 409A Compliance
  • 501(c)(3) Applications and Opinion Letters
  • 1031 Exchanges 

Before joining Gresham Savage, Mr. Foate worked with an international tax firm advising clients on the use of insurance and captive insurance structures to deliver substantial value, improved profitability, and greater cash flow for businesses of all sizes, including many of the world’s most respected Fortune 500 companies.  He has experience in all areas of captive insurance company management, including underwriting and risk pooling arrangements, structuring captive ownership, regulatory compliance, and licensing.  Mr. Foate continues to consult for prospective captive owners and their advisors in evaluating, designing, and implementing captive solutions, and also reviews existing captive structures to determine whether they can be used more efficiently.


  • American Bar Association
  • California Lawyers Association: Taxation Law Section
  • California Lawyers Association: Trusts & Estates Law Section
  • Riverside County Bar Association
  • Joseph B. Campbell American Inn of Court


  • Riverside County Bar Association: Implications of New Tax Laws for Small Businesses (forthcoming Apr 2018)
  • Inland Counties Association of Paralegals: What the Tax Cuts and Jobs Act Means For Individuals (Feb 2018)
  • National Business Institute: Probate Boot Camp – Administering an Insolvent Estate (Jan 2018)
  • Continuing Legal Education: Property Tax and DTT Re-assessments in a post-North Ardmore World (Dec 2017)
  • Continuing Legal Education: Entity Formation – from Inc. to LLC (Sept 2015)


  • Ernest M. Haddad Award, Boston University School of Law
  • Editor in Chief, University of La Verne Law Review
  • National Order of Scribes
  • CALI Excellence for the Future Award: Federal Income Taxation
  • CALI Excellence for the Future Award: Antidiscrimination Law
  • Dean’s List, University of La Verne College of Law


San Bernardino, CA
550 E. Hospitality Lane
Suite 300
San Bernardino, CA 92408

T 909-890-4499
F 909-890-9877

San Diego, CA
401 West A Street
Suite 925
San Diego, CA 92101

T 619-794-0050
F 619-615-2180