Our people

David is a seasoned litigator and trial lawyer who has represented clients in a broad range of litigation and arbitration matters throughout the United States.  For the past 27 years David has handled complex commercial litigation, insurance coverage, and general commercial matters, including contract disputes, partnership disputes, unfair competition claims, licensing disputes, securities fraud, professional liability, internal corporate investigations and ERISA claims. His clients have included public and private corporations, private equity firms, commercial banks, financing companies, investment funds, restaurant chains, pharmaceutical companies, water companies, electronic manufacturers and pension funds, among others. David also has represented financial institutions and investment professionals facing claims of misconduct in securities arbitration cases.

David's experience in advising clients and litigating on behalf of policyholders for insurance  coverage also is extensive.  He has successfully achieved recoveries under Commercial Crime, Property, Builders Risk, Fiduciary Liability, Professional Liability, General Liability, Title Insurance and Directors and Officer Liability policies.

David also is a member of Reed Smith's Derivatives and Structured Products Group.  He has advised clients on issues pertaining to obligations backed by monoline guarantees and the impact of monoline downgrades and insolvencies.
 
David was Co-Chair of the Financial Services Litigation Group at Anderson Kill & Olick, P.C.  He also was the Co-Chair of the Financial Institutions Insurance Coverage Group.  He has litigated in courts throughout the United States and also served as a panel member for the New York Stock Exchange.

Representative Commercial Matters

• Defending bank in class action litigation involving sale of bonds in the context of Lehman bankruptcy proceedings.
• Represents Pfizer in numerous commercial litigation matters in the United States involving breach of contract, licensing disputes, joint venture/development agreements, vendor disputes and many others.
• Represents developer and administrator of extended service contract programs in contract litigation.
• Represents partners in litigation against real estate development company involving complex capital allocation, distribution and tax issues.
• Represented Litigation Trustee for Avado Brands Litigation Trust in action against former and current directors and officers.
• Represents association of owners of apartments at the largest resort on the island of St. Maarten in complex litigation to rebuild the resort destroyed by hurricanes.
• Represented trustees of ERISA pension fund in successfully recovering millions of dollars from plan fiduciaries and others involved in a multinational securities fraud.
• Represents financial institution noteholders in various matters to enforce their rights under the terms of the notes.
• Represents several clients regarding surety bonds, performance bonds and indemnities in the context of commercial transactions.
• Represented bank in litigation to recover under surety bond guaranteeing a financing transaction.
• Represented large broker-dealer in securities arbitration matters.

Representative Insurance Matters

• Represents loan originators and administrator in claims for insurance coverage under Property Valuation Insurance policy.
• Represent financial institutions with respect to losses under Financial Institutions Bonds.
• Currently representing an institutional investor with respect to a portfolio of life insurance assets and issues pertaining to the settlement of policies, including advising the client on premium financing, insurance ownership, and beneficiary transfer issues.
• Representing general contractor and developer with respect to insurance claims arising from the collapse of a tower crane in Manhattan.
• Represented premier university with respect to property losses sustained from fire and smoke damage to major research facility 90% completed.
• Represented largest municipal housing finance agency for, among other things, substantial losses arising from the events of September 11, 2001.
• Represented large restaurant chain with respect to substantial losses arising from the events of September 11, 2001.
• Represented the largest tobacco company in its claim for insurance coverage under its commercial crime policy where employees participated in a bribery kickback scheme.
• Represented electronics company in securing payment for business income losses.
• Representing restaurant chain in securing payment for business income losses sustained at different locations.
• Represented a components parts manufacturing company in securing settlements with its insurance companies for environmental cleanup and defense costs.
• Represented the largest beverage company for insurance coverage for racial discrimination claims.
• Representing water utilities seeking compensation for damages to their facilities due to negligent installation of sewer lines, including securing insurance coverage for construction defects.
• Represented limited partnership of property owners in securing insurance coverage for construction defects resulting in detachment and partial collapse of exterior wall of high rise commercial building.
• Represented national retail/wholesale building supply store in securing coverage for statewide class action litigation.
• Represents private water company in securing insurance coverage for expenses and settlements arising from hundreds of alleged bodily injury cases in New Jersey.
• Represented pharmaceutical company in securing insurance coverage for expenses incurred in defending against nationwide Bendectin litigation.
• Represented national media, cable and communications company in securing insurance coverage for claims alleging misappropriation of confidential information.
• Represented one of the largest chemical manufacturing companies for insurance coverage under directors and officers liability insurance based upon shareholder suits.
  
  
  

Speeches / Presentations

• "Ethics Part I," New York In-House Counsel Seminar Series, Reed Smith, New York (June 12, 2008)
• "Data Security Breaches: Insurance Implications," New York Bankers Association (September 25, 2007)
• "Today's Cyber World in Higher Ed," URMIA Annual Conference on Internet Fraud (September 15, 2007)
• ”Insuring Office Property Against Loss: Myths and Realities,” Association of the Bar of the City of New York, Committee on Real Property Law (May 2005)
• "Getting Your Claim Paid - Surety Bond Update," Seventh Annual Policyholder Advisor Conference (November 2004)
• “Current Issues in Directors and Officers Liability,” Bank Counsel Seminar, New York Bankers Association (January 2004)
• “Surety Bonds Update,” Business and Financial Institutions Seminar (October 2003)
• “Safeguarding the Protection of Your Surety Bonds in the Aftermath of Enron, WorldCom, etc.," Policyholder Advisor Conference (September 2002)
• “Employment Practices Liability Insurance," Business and Financial Institutions Seminar (July 2002)
• “Recovering From Fraud Losses," Business and Financial Institutions Seminar (October 2001)
• PaineWebber Y2K Seminar, hosted by Alice Schroeder (September 1999)
• “Emerging Issues and Developments In Insurance Coverage Law,” Presentation to the Cincinnati Bar Association (March 1997)
• “Coping with Asbestos Property Damage,” Prentice Hall Seminar (September 1990)

Experience

Legal Education

Undergraduate Education

Professional Admissions / Qualifications

• New York

Court Admissions

• U.S. Court of Appeals - Second Circuit
• U.S. District Court - Southern District of New York
• U.S. District Court - Eastern District of New York

Professional Affiliations

• American Bar Association
• New York State Bar Association
• New Rochelle Bar Association

Notable Quotes

• “Maryland Court Restricts Design Defect Claims,” Business Insurance (December 6, 1999)
• “A Question of Timing - Y2K Lawsuits,” Best’s Review (November 1999)