David is a member of Herrick's Litigation Department. He concentrates his practice in complex commercial litigation, including real estate and construction litigation, securities litigation, and other complex commercial cases. He practices in the state and federal courts, and is admitted in New Jersey, New York and Pennsylvania.
David is an experienced insurance coverage and reinsurance litigator, having represented both insureds and insurance companies in coverage matters and in pursuing reinsurance claims.
In addition to practicing as a litigator, David also regularly represents and advises the firm's clients with respect to insurance related issues, including purchasing appropriate coverage, policy interpretation, and claims submissions.
Recent matters handled include the representation of the Chapter 7 bankruptcy trustee of Winstar Communications in an adversary proceeding in Delaware Bankruptcy Court. David co-chaired the three month bench trial, which resulted in a judgment worth over $300 million for the trustee in December 2005 on preference, equitable subordination, and breach of contract claims. David also successfully represented the trustee through the appeal of the judgment to the District Court of Delaware, and on further appeal to the United States Court of Appeals for the Third Circuit, where the Court affirmed the Bankruptcy Court in all relevant aspects and left the judgment fully intact. He continued to represent the Trustee's interests in disputes among Winstar's creditors concerning distributions of the litigation proceeds.
Other recent matters include the successful defense of a medical device manufacturer in an employee raiding dispute in New Jersey state court, and the defense of a well-known property management and commercial real estate brokerage firm in the Southern District of New York. David has tried cases in state and federal courts, and has also resolved matters through alternative dispute resolution mechanisms including mediation and arbitration.
David and his wife are co-founders and board members of Colin's Kids, Inc., a charity dedicated to funding research into congenital heart defects and providing aid to families struggling with the costs of care for infants born with heart defects.
Recent Matters of Note:
Winstar Communications Trustee - Bankruptcy Appeal
Representation of the Trustee for Winstar Communications in an adversarial proceeding asserting claims of insider/voidable preference, equitable subordination and breach of contract, against Lucent Technologies. After winning at the bankruptcy court level following a one month trial and an initial appeal to the US District Court, we successfully argued to the US Third Circuit Court of Appeals in a case then valued at about $340 million. The Third Circuit affirmed the courts below and found that Lucent was an insider of Winstar. In so ruling, the court also upheld the Trustee's arguments regarding earmarking, new value, core versus non-core jurisdiction, right to jury trial and equitable subordination. The American Bankruptcy Institute Journal, in its April 2009 issue, featured the Third Circuit decision and wrote that the case “opens an entirely new and extensive arena in bankruptcy-preference litigation that may cause profound changes in both preference-risk assessments and creditor behavior.”
Red Rock Services Trustee - Bankruptcy Adversary Proceeding
Representation of Robert Holber, the Chapter 7 trustee of Red Rock Services, in a Bankruptcy Adversary Proceeding in the Eastern District of Pennsylvania. Red Rock was a demolition subcontractor that is being liquidated in bankruptcy. The trustee is suing a general contractor for breach of its obligations under subcontracts with Red Rock in a pair of multimillion dollar construction projects in Baltimore and Boston.
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Real Estate Company - Management Agreement Litigation
Representation of a real estate services company in a $20 million lawsuit brought by former customers. The former customers, owners of two large NYC office buildings, claimed that our client, which managed the buildings, had committed numerous acts of wrongdoing over several years, including breaching the contracts, fraud, and breaching fiduciary duties. The customers sought to recover all the fees they’d paid our client over the years under New York’s “faithless servant” doctrine. The District Court granted our summary judgment motion, dismissing all of the higher-damage tort and equity claims, and we then settled the remaining breach of contract claim. The former customers lost their appeal to the Second Circuit Court of Appeals, bringing the case to a successful conclusion for our client.