One of the leaders of the firm’s Corporate Governance litigation practice, David prosecutes a variety of derivative, class, and private litigation arising from breaches of fiduciary duty and other misconduct by boards of directors and senior executives at public companies.
He is an experienced trial attorney who has recovered billions of dollars on behalf of his institutional investor clients. A former Assistant United States Attorney for the Southern District of New York, David has tried numerous cases both as a prosecutor and in private practice, including obtaining a jury verdict for more than $11 million in a derivative action against the general partner of a hedge fund, and a multi-million dollar class action settlement with an accounting firm reached during trial.
David’s current and recent cases include the following:
- In re 21st Century Fox Derivative Action – derivative action against the Board of Directors and controlling stockholders, and a senior executive, for breach of fiduciary duty for a systemic culture of sexual harassment and discrimination; a landmark settlement with two key components: 1) the first-ever Board-level watchdog of its kind – the "Fox News Workplace Professionalism and Inclusion Council" of experts (WPIC) – majority independent of the Murdochs, the Company and Board; and 2) one of the largest financial recoveries – $90 million – ever obtained in a pure corporate board oversight dispute; the WPIC is expected to serve as a model for public companies in all industries;
- In re Alphabet Shareholder Derivative Action – derivative action against the Board of Directors and senior executives of Alphabet for violating antitrust laws, including for the recent European Commission fine of $2.7 billion;
- In re Insys Therapeutic, Inc. Derivative Litigation – derivative action against the Board of Directors and the controlling shareholder of Insys, alleging they approved and supported a business plan to illegally market its drug and pay kickbacks to doctors;
- In re Sorrento Therapeutics, Inc. Derivative Litigation – derivative action alleging a scheme to grant large amounts of options and warrants in subsidiaries of the Company to the Board of Directors and executives of the Company, without shareholder approval;
- In re Yahoo!, Inc. Derivative Litigation – action alleging that the Board and senior executives of Yahoo breached their duties by failing to disclose large hacks of Yahoo email users, resulting in the price of the sale of internet business being reduced by $350 million, as well as numerous consumer lawsuits; and
- In re New Senior Investment Group, Inc. Derivative Litigation – derivative action alleging that a conflicted Board of Directors allowed a self-dealing and over-priced transaction with entities controlled by Fortress Investment Group.
As lead counsel in numerous major securities litigations, some of David’s significant recoveries include:
- In re Merck & Co., Inc. Securities Litigation – a recovery of $1.06 billion in a certified class action on behalf of investors in Merck Securities;
- In re Citigroup Inc. Bond Litigation – a class action on behalf of investors in numerous securities offerings which resulted in $730 million recovery;
- Public Employees' Retirement System of Mississippi v. Merrill Lynch & Co. Inc. – $315 million settlement in a class action on behalf of investors in residential mortgage-backed securities;
- In re Pfizer Inc. Shareholder Derivative Action – $75 million settlement and substantial corporate governance changes in a derivative action that set new benchmark for highly regulated businesses;
- In re Jefferies Group, Inc. Shareholders Litigation – $70 million settlement on behalf of shareholders in the sale of the company;
- In re Sepracor Corp. Securities Litigation – $52.5 million recovery in a certified class action;
- In re Cablevision Systems Corp. Derivative Litigation – $34.4 million recovery in a back-dated stock option action; and
- In re Kinder Morgan Energy Partners, L.P. Capex Litigation – $5 million recovery for investors in master limited partnerships in action alleging conflicts of interest and breach of its partnership agreement by its general partner.
For his accomplishments and professional excellence, David is rated AV, the highest rating possible from Martindale-Hubbell®, the country’s foremost legal directory. He has also been regularly recognized by Legal 500 as a top practitioner, and by Thomson Reuters as a New York Super Lawyer for his work in securities litigation. In addition, David is a frequent speaker and author on corporate governance and securities fraud matters.