In a career spanning more than 40 years, David has handled cases in virtually every area of complex high-stakes litigation, consistently achieving outstanding results for clients. He is a leader in the firm’s appellate practice and a trusted counselor and advisor, with expertise in matters ranging from commercial, securities, antitrust, and IP to class actions, arbitration, and mediation.
In January 2016, The American Lawyer recognized David and BSF partner Stuart Singer as Litigators of the Week for achieving by far the largest recovery–$235 million–in any litigation on behalf of investors in the feeder funds to Bernard Madoff’s Ponzi fraud. They achieved several precedent-setting rulings in the course of their seven-year effort.
David recently won a Second Circuit reversal of summary judgment dismissing a $150 million action to compel Morgan Stanley to buy back a defaulted loan it had included in a commercial mortgage-backed securities pool.
David developed critical legal theories and argued five appeals in the firm’s representation of a co-founder of AriZona Iced Tea in the largest corporate dissolution proceeding in New York history, which settled after a billion-dollar award by the court.
David has argued and briefed dozens of appeals in the U.S. Supreme Court, federal Courts of Appeals and New York state courts. Recently, his expert testimony on New York law persuaded a Hong Kong court to enjoin a multi-billion dollar tender offer.