Education & Admissions
- University of Pennsylvania (B.A. cum laude 1975)
- University of Chicago (J.D. 1978)
- Supreme Court of the State of Delaware
- United States District Court for the District of Delaware
- United State Court of Appeals for the Third Circuit
- United States Court of Appeals for the Seventh Circuit
- United States Court of Appeals for the Ninth Circuit
Associations
- Delaware State Bar Association; Member, Council of Corporation Law Section
Attorney Profile
Experienced in representing both plaintiffs and defendants, David’s practice is focused on corporate litigation. He has litigated a wide range of matters in the Delaware Court of Chancery and the Delaware Supreme Court, including breach of fiduciary duty actions, appraisal actions and corporate control contests. David holds an AV Preeminent® rating from Martindale-Hubbell and has been recognized by Chambers USA 2017 and The Best Lawyers in America® 2018.
Experience
- Tried, on behalf of plaintiffs, two breach of fiduciary duty cases. Gentile v. Rossetti,A. No. 20213-VCN, 2010 WL 2171613 (Del. Ch. May 28, 2010) and In re Trados Incorporated Shareholders Litigation (73 A.3d 17 (Del. Ch. 2013). In Gentile, to get to trial, needed to overturn in Delaware Supreme Court an adverse decision on summary judgment. 906 A.2d 91 (Del. 2006).
- Obtained an injunction of a merger in Chen v. Howard-Anderson (involving Occam Networks). Largely successful on motion for summary judgment. 87 A.3d 648 (Del. Ch. 2014).
- Won a contested contest for control of a class action in In re Revlon Stockholders’ Litigation, 990 A.2d 940 (Del. Ch. 2010) a breach of fiduciary duty action. Successfully sued largest class member when it refused to pay its share of attorneys’ fees. Smith, Katzenstein & Jenkins LLP v. Fidelity Management & Research Co., C.A. No 8066-VCL, 2014 WL 1599935 (Del. Ch. Apr. 16, 2014).