For more than 25 years now, David concentrates his practice in corporate and commercial litigation, including disputes involving Delaware corporations, partnerships and limited liability companies; trade secrets and injunctions; insurance liquidations; shareholder derivative claims; fiduciary duty and trust litigation; M&A litigation; and the advancement and indemnification of directors and officers. He served as counsel in several of the most widely-cited cases on advancement and indemnification in Delaware: Nakahara, Perconti, Reddy, Sun-Times Media Group, and Fasciana.
David practices in the Delaware Court of Chancery and the Delaware Superior Court, with particular expertise in the Complex Commercial Litigation Division (CCLD) of the Superior Court. He also litigates in the United States District Court for the District of Delaware, including serving as local counsel in patent litigation and other complex federal matters. David has argued before the Third Circuit Court of Appeals, the Delaware Supreme Court, and has tried both jury and non-jury cases.
David is available to parties who wish to explore mediation or other alternative methods for resolving their disputes, either at the pre-litigation stage or after litigation has commenced.
Outside of the courtroom, David is the founder and director of the Toby Eagle Scholarship in Cancer Research at Johns Hopkins Medicine for college students, and is involved in other not-for-profits.
Columbia University School of Law, J.D.
Rabbinical College of America
Amherst College, B.A.
- John Woodruff Simpson Fellow for the Study of Law
U.S. District Court, Southern District of New York
U.S. District Court, Eastern District of New York
U.S. District Court, District of Delaware
U.S. Court of Appeals, Third Circuit
U.S. Supreme Court
Articles & Publications
Presenter, “Jurisdiction and Other Considerations For Litigating In Delaware State Courts,” accredited CLE seminar, November 2014
- In the Matter of Indemnity Insurance Corporation RRG
(Delaware Chancery Court, May 2016 – December 2019)
Obtained settlement on behalf of national bank on the eve of trial in a complex insurance liquidation proceeding, after prevailing on motion for partial summary judgment and defeating motions for reargument and interlocutory appeal.
- Absalom Absalom Trust v. Saint Gervais LLC
2019 WL 2655787 (Del. Ch. June 27, 2019)
Delaware counsel to defendant in books and records litigation, obtaining dismissal following trial and post-trial briefing.
- American Wholesale Insurance Holding Company, LLC vs Brian Davidian
Del. Ch., C.A. No. 0531-VCMR (March 12, 2019)
Represented defendant in non-compete litigation, prevailing on motion to stay in favor of California action.
- Dietrichson v. Knott and NxGenEd, LLC
2017 WL 1400552 (Del. Ch. April 19, 2017)
Represented defendants in dismissing complaint for breach of fiduciary duty on the grounds that it was derivative in nature.
- Katten Muchin Rosenman LLP v. Martha Sutherland
2017 WL 24655 (Del. Jan. 3, 2017)
Represented law firm in the Court of Chancery and the Delaware Supreme Court in case of first impression establishing attorneys’ charging liens in hourly fee engagements.
- Van Lake v. Sorin CRM USA, Inc.
Del. Super., C.A. No. 12C-04-036-CCLD (JRJ)(2012-2014)
Represented former independent sales representative of medical device company in defeating motion to dismiss and motion for summary judgment on fraud claims. The parties reached a confidential settlement following jury selection on the eve of trial.
- E.I duPont de Nemours and Company v. Medtronic Vascular, Inc.
Del. Super., C.A. No. N10C-09-058-CCLD (MMJ) (Jan. 2013), aff’d, Del. Supr. (Sept. 2013)
Delaware counsel to Medtronic’s trial and appellate team, winning summary judgment in the Superior Court CCLD on DuPont’s claims under a royalty agreement relating to the sale of coronary angioplasty balloon catheters.
- Unison Site Management Corporation v. Landmark Dividend LLC, et al.
Del. Ch., C.A. No. 6533-VCL (June 2011 – approx. Jan. 2013)
Defended injunction proceedings, prepared for trial and negotiated settlement of complex employee restrictive covenant and trade secret case.
- RTN Investors, LLC v. RETN, LLC, et al.
Del. Super., C.A. No. 08C-04-007 (JRJ) (Feb. 10, 2011)
Obtained judgment after trial on behalf of plaintiff in excess of $4 million plus attorneys’ fees and costs for breach of a loan agreement, and successfully defended against lender liability counterclaim.
- Mary Gay v. The Howard Hughes Corporation
Del. Ch., C.A. No. 4072 (2009)
Achieved favorable settlement on the eve of trial of advancement and indemnification claims brought by widow of former executive.
- Sun-Times Media Group, Inc. v. Black, et al.
Del. Ch., 954 A.2d 380 (2008)
Obtained summary judgment together with all defendants in leading decision defining the scope of advancement in Delaware.
- Recochem Inc. v. Vertellus Specialties, Inc.
ICDR Case No. 50 181 T 204 06 (Oct. 23, 2007)
Obtained substantial award in an arbitration on behalf of Canadian company for breach of the duty of good faith in connection with an output contract.
- Spencer v. Aggregate Industries, Inc. et al.
Del. Super., C.A. No. 05C-09-166 (Babiarz, J.) (Sept. 19, 2007)
Jury trial on behalf of third-party defendant Air Liquide Industrial U.S.; defense motion granted dismissing plaintiffs’ claims.
- Boultbee v. Hollinger International Inc.
Del. Ch., C.A. 1585-NC (Nov. 2005 – Feb. 2006)
Obtained favorable settlement after trial of advancement claims on behalf of former officer and director.
- Reddy v. Electronic Data Systems Corp.
Del. Ch., 2002 WL 1358761 (June 18, 2002), aff’d (Del. Supr. April 9, 2003)
Obtained advancement of litigation expenses on behalf of former officer.
- Perconti v. Thornton Oil Corp.
Del. Ch., 2002 WL 982419 (May 3, 2002)
Obtained indemnification of litigation expenses on behalf of former president and CEO.
- Nakahara v. NS 1991 American Trust
Del. Ch., 718 A.2d 518 (1998) and 739 A.2d 770 (1998)
Obtained judgment after trial on behalf of defendant-intevenor rejecting claim for advancement of litigation expenses, and defeated motion for relief from judgment.