In litigation matters, David blends superb writing, examination and oral advocacy skills with a strong knowledge of the rules of evidence and procedure in a way that translates into tangible results. His litigation practice focuses on a variety of corporate and commercial disputes, including breach of fiduciary duty suits, shareholder disputes, appraisal actions, board of director disputes, fraudulent transfer litigation, insurance, intellectual property and breach of contract cases of all types. David is also experienced in representing companies in disputes involving the expert valuation of businesses and other assets, as well as injunctive remedies. He has experience counseling clients through mass torts and international issues. While David thrives in a litigation environment, he recognizes that most clients prefer to use constructive counsel in litigation. David prides himself in problem-solving techniques designed to resolve disputes that are capable of being resolved prior to trial.

Representative lead debtor and creditors’ committee matters include:

• Debtors’ counsel for Videology, Inc., one of the leading advertising technology companies in the world, and certain of its subsidiaries, in Delaware Bankruptcy Court
• Debtors’ counsel for the largest camera and imaging retail business in the country, Ritz Camera Centers, which at the time of the filing of its Chapter 11 case had 930 retail stores and sales of just under $1 billion, in Delaware Bankruptcy Court
• Debtors’ counsel for Owens Corning, one of the largest bankruptcy cases ever filed, in Delaware Bankruptcy Court, involving complex asbestos claims
• Debtors’ counsel for Fedders Corporation, the largest U.S. manufacturer of room air conditioners, in Delaware Bankruptcy Court
• Debtors’ counsel for one of the largest independent homebuilders in the Mid-Atlantic, Gemcraft Homes and its affiliates, which successfully reorganized under Chapter 11 and emerged with ownership intact and shedding over $100 million in secured debt as well as millions in unsecured debt, with exit financing of approximately $65 million
• Debtors’ counsel for a large non-profit provider of low-income affordable, City Homes, Inc., in a reorganization case involving the resolution of lead-paint claims
• Counsel for the official committee of unsecured creditors of The Merit Group, Inc., which at the time of the filing of its Chapter 11 case was the leading paint sundries distribution company in the United States
• Creditors’ committee representations also include WISP Ski Resorts, Game Trading Technologies, Inc., Technology Services, Inc. and Dominion Paving & Sealing, Inc.

Representative lead litigation matters include:

• Defense of an appraisal action in Delaware Chancery Court involving a truss manufacturer
• Defense of a breach of fiduciary duty class action claim in Delaware Chancery Court involving two-part merger of borrower
• Representation of members of board of directors in bylaw challenge in Delaware Chancery Court
• Representation of company in suit involving claims for breach of shareholder agreement and implied covenants, in Delaware Chancery Court
• Counsel to plaintiff in fraudulent transfer and breach of fiduciary duty case against former directors and seller of business involving leveraged buyout
• Defense of former officers and directors in breach of fiduciary duty and related claims
• Technology companies SNMP Research, Inc. and SNMP Research International, Inc. in litigation against Nortel Networks and Avaya, Inc. in Delaware Bankruptcy Court, in claims for copyright infringement, trade secret misappropriation and breach of contract
• Defense of a group of former employees of a former investment firm in a lawsuit challenging bonuses and other payments as alleged fraudulent transfers
• The foreign representative in the Qimonda A.G. bankruptcy case, involving one of the most important foreign insolvency decisions in history concerning comity and choice of law in connection with the representative’s treatment of intellectual property license agreements
• Representation of petitioning creditors in hotly contested involuntary bankruptcy actions, one of which was successfully litigation to the Fourth Circuit Court of Appeals

At Cole Schotz, David plays an integral role in managing the Bankruptcy & Corporate Restructuring practice, serving as Co-Deputy Chair of the department. David also takes pride in mentoring associates and junior partners in the firm and is heavily involved in the firm’s mentoring program. He is also an active member of the American Bankruptcy Institute, where he is a member of the advisory board for the organization’s yearly Mid-Atlantic conference.
David gives back to the community through his pro bono representations by helping people with limited means navigate through difficult legal matters on a pro se basis. He most recently assisted a client in a substantial litigation regarding a guardianship in Delaware Family Court. David’s pro bono representations also include helping those who cannot afford to file for Chapter 7 bankruptcy.

David has been recognized for his work in by Chambers USA and Best Lawyers in America 2016 through 2019. David was previously named a rising star by Super Lawyers and was named in M&A Advisor’s “40 Under 40 Legal Advisors.” See Award Methodology.