David has more than twenty years of experience in complex commercial and general civil litigation in state and federal courts. David recognizes that, with sound guidance and the exercise of prudent judgment, disputes of all kinds can be more beneficially resolved at the conference table rather than in the courtroom. Nonetheless, when the circumstances warrant it, he focuses his considerable energy to litigating on behalf of W&H’s clients. And he has a long track record of litigating aggressively and effectively. He has successfully tried cases in state and federal courts, arbitrated matters before the American Arbitration Association, and argued appeals before the United States Court of Appeals for the Second Circuit, the New York State Appellate Division, First Department, and the Appellate Term, Second Department. David prides himself on the quality of his written work and in the presentation of elegant and persuasive legal argument. He has penned innumerable motions at the trial court level, and myriad briefs to appellate tribunals.

Over the course of his twenty years at the bar, David’s cases have spanned a broad topical range, from those involving the breach of virtually all forms of contract (e.g., real estate development and construction agreements, property agreements, commercial leases of real and personal property, proprietary leases, personal service and employment agreements, non-compete agreements, asset purchase agreements, purchase and sale agreements, partnership and shareholder agreements); to those involving banking relationships (securities arbitration, foreign currency trading schemes, civil RICO, creditor’s rights, Chapter 11 bankruptcy matters); to those involving business divorces (intra-corporate and partnership disputes, dissolution proceedings and buy-outs); to those involving matrimonial law and familial divorces, including the dissolution of same-sex partnerships; to those involving product, premises, and general liability, personal injury and interpleader; to those involving civil rights, defamation, and employment discrimination. He obtained a $1.1 million settlement for a plaintiff in a personal injury action; facilitated a $43 million settlement for a Swiss investment trust victimized by a foreign currency trading scheme; and obtained many other settlements, judgments and awards favorable to his clients as both plaintiff and defendant.

Clients whom David has represented include General Electric Company (supervised creditor’s rights litigation in northeast region of United States for GE Medical Systems); Mobil Oil Corporation and subsidiaries (real estate litigation involving Development project and commercial lease disputes, consumer fraud litigation involving identity theft); Daimler Chrysler Corporation (product liability, breach of warranty); E.I. du Pont de Nemours & Company (equipment leasing, creditor’s rights, workouts); Baxter Healthcare Corporation and subsidiaries (product liability); Illinois Tool Works and subsidiaries (contract litigation involving distribution agreement); Federal Deposit Insurance Corporation and Resolution Trust Corporation (professional liability litigations involving directors, officers, and accountants of failed savings and loan institutions); Corporate Property Investors (commercial lease disputes for national owner of shopping malls); County of Westchester (civil rights and employment matters); Mayo Associates, S.A (Swiss investment trust in multi-million dollar federal RICO action involving foreign currency trading scheme on the Island of Jersey); Joseph Pell Lombardi & Associates, Architects; and 36 Hudson Associates LLC (sponsor, Tribeca condominium development project).

In addition to his prowess as a litigator, David handles transactional work as well. For instance, he represents a Manhattan co-op, handles real estate closings, and negotiates and prepares transactional documents such as corporate stock redemption, shareholder, employment, consultant, severance, property, and buy/sell agreements, among others.

David attended Berklee College of Music (Boston, MA) where he studied music composition before transferring to the University of Florida, from which he graduated with a Bachelor of Science degree in psychology. Following his graduation from the University of Florida, David attended St. John’s University School of Law, where he received his law degree. Throughout college and law school, David worked as a professional musician in the New York metropolitan area.

Areas of Practice:

General Civil & Commercial Litigation
Business & Corporate
Arbitration
Construction
Family & Matrimonial Law

Bar Admissions:

New York, 1990
U.S. District Court Southern District of New York, 1991
U.S. District Court Eastern District of New York, 1991
U.S. District Court Northern District of New York, 1997
United States Court of Appeals for the Second Circuit, 1997
United States Supreme Court, 1997

Professional Associations and Memberships:

Member, New York State Bar Association
Commercial & Federal Litigation Section
Family Law Section

Past Employment Positions:

Rosenthal & Herman, P.C., Of Counsel, 2009-2010
Ziegelman & Rubinstein, LLP, Partner, 2004-2008
Janvey, Gordon, Herlands, Randloph & Cox LLP, Of Counsel, 2001-2004
Cooper & McCann, LLP (f/k/a Cooper, Liebowitz, Royster & Wright, LLP), Partner, 1998-2001; Associate, 1993-1997
Semon & Mondshein, Associate, 1992-1993
Zane & Rudofsky, Associate, 1989-1992

Education:

St. John’s University School of Law, J.D., 1989
University of Florida, B.S., 1983

Fraternities/Sororities:

Beta Theta Pi