SOFTWARE IMPLEMENTATION
David was the lead counsel in a fraud and consumer protection act case against IBM on behalf of a Tennessee corporation. He took the case from pre-complaint interviews to drafting the complaint, discovery and a $39 million verdict. To read a copy of the Pre-Trial Brief, click here.
When David was at Kasowitz, Benson, he worked on a number of software implementation cases on behalf of a Chapter 11 corporation against Accenture, SAP and other software-related entities. He was responsible for, among other matters, taking and defending critical trial witness depositions, working with expert witnesses, and overseeing court-ordered restoration and search of defendants’ archived e-mail system in Europe. To read an article about one of these cases, click here.
NEGOTIABLE INSTRUMENTS
David represented a high net worth individual who guaranteed a decades-old promissory note issued by a bank and the borrower's account at that bank. After paying under the guarantee, the client sued the borrower for indemnity. The defendant moved to dismiss on statute of limitations' grounds. We won. To read a copy of the oral argument and the court's ruling, click here. To read a copy of the brief in support of the client's motion for summary judgment, click here.
CORPORATE TRANSACTIONS
David also helps clients in a variety of non-litigation matters as well. For example, one high-net worth client asked David to set up a Manager Managed LLC in connection with the client’s investment. To see a video about the company, click here. David also provides advisory and legal services in connection with the sale of corporate assets, acting in an investment banker capacity.
BANKRUPTCY LITIGATION
David worked for years on cases brought by the successor-in-interest to Adelphia Communications Corporation against that company’s commercial and investment banks (aiding and abetting breach of fiduciary duty and fraudulent transfer), and outside counsel (legal malpractice). David successfully argued a motion for summary judgment at the bankruptcy and district court levels, drafted the appeal to the Second Circuit, and took critical depositions in those Adelphia-related actions.
EMPLOYMENT LAW
David represents individuals and companies in all aspects of employment law, including the drafting of employment agreements, Title VII investigations, and litigating the enforceability of non-competition and non-solicitation agreements. The firm was successful in getting a non-competition agreement voided on appeal to New York’s First Department. You can read that decision here.