In bankruptcy proceedings, David has served as lead and/or trial counsel to debtors, official committees of unsecured creditors, individual creditors, asset purchasers, and a foreign representative in Chapter 15. He has also served individually as a Chapter 11 trustee. In these roles, David utilizes superior problem-solving, and when appropriate, litigation skills to achieve the best results for his clients and bankruptcy estates. David’s unique combination of substantive bankruptcy knowledge and litigation and trial skills allows him to lead any type of bankruptcy matter with efficiency and effectiveness.

In litigation matters, David blends superb writing and oral advocacy skills with a strong knowledge of the rules of evidence in a way that translates into tangible results. His litigation practice focuses on commercial and corporate disputes of all types, including breach of fiduciary duty suits, shareholder disputes, fraudulent transfer litigation, insurance, intellectual property, and the representation of parties to loan agreements in a variety of contexts.

Representative debtor and creditors’ committee matters include:

• 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; and
• Creditors’ committee representations also include WISP Ski Resorts, Game Trading Technologies, Inc. and Technology Services, Inc., and Dominion Paving & Sealing, Inc.

Representative litigation matters include:

• Defense of a secured creditor in a breach of fiduciary duty claim in Delaware Chancery Court involving two-part merger of borrower;
• Counsel to plaintiff in fraudulent transfer and breach of fiduciary duty case involving leveraged buyout of over $30 million;
•  A group of former officers and directors of K Bank in defense of 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;
• 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; and
• A group of petitioning creditors of Public-Sector Solutions, Inc. After successfully obtaining an order for relief in a hotly contested trial, David represented one of the petitioning creditors in two successful rounds of appeals in the U.S. District Court for the District of Maryland and the U.S. Court of Appeals for the Fourth Circuit. The issue on appeal was whether former management of a chapter 7 corporate debtor had authority to appeal an involuntary order for relief, an issue that was only the subject of two prior reported decisions in the country and one of first impression in the Fourth Circuit.

At Cole Schotz, David plays an integral role in managing the Bankruptcy & Corporate Restructuring practice, serving as co-Deputy Chair of the department. 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, helping people with limited means navigate through bankruptcy matters on a pro se basis. He has also gone outside of his comfort level to assist a client in a substantial litigation regarding a guardianship in Delaware Family Court.

David has been recognized for his work in the bankruptcy and restructuring field by Chambers USA, Best Lawyers in America, and Maryland Best Lawyers, named a rising star by Super Lawyers Maryland, and named to M&A Advisor’s 40 Under 40 Legal Advisors. See Award Methodology.