David M. Brodsky

David M. Brodsky is an independent arbitrator of domestic and international complex commercial, private equity, M&A, intellectual property, breach of contract, licensing, employment and compensation, insurance coverage, real estate, and professional (legal and auditing) malpractice disputes.

Experience

Mr. Brodsky has over fifty years of experience with highly complex business and financial disputes. He has served twice as a federal prosecutor, chaired a litigation department of a major NYC firm, been a general counsel of an investment bank, chaired the Securities Litigation and Professional Liability Practice Group of a global law firm, and chaired two major non-profit organizations in the legal services and constitutional law space. He has served as an arbitrator in administered and non-administered matters for over twenty years.

Work History

Following a legal clerkship in the US District Court for the Southern District of New York, Mr. Brodsky served as an Assistant US Attorney in that District for four years in both the Civil and Criminal Division. Thereafter, he was a partner of Schulte Roth & Zabel and, later, at Latham & Watkins, where he was a highly-regarded trial lawyer who specialized in the investigation, trial, and resolution of complex financial investigations and litigation. He also served as Managing Director and General Counsel-Americas at Credit Suisse First Boston. He retired as an active litigation partner in 2011 and opened his independent neutral practice at Brodsky ADR LLC in 2012. He transitioned to exclusively an Independent Arbitrator practice in 2022.

Cases

*Insurance Coverage: appointed as sole arbitrator by the President of the NYC Bar Association;
*Accounting Malpractice, CPR-ADR, Chair;
*Trustee Claims against RMBS Underwriter, privately selected as sole arbitrator;
. *Dispute over buy-out clause between JV partners, CPR-ADR, panel member;
*Retaliatory discharge claim against foreign bank, ICDR, panel member;
*Patent license infringement and breach of contract, ICDR, panel Member;
*Compensation dispute between hedge fund partners, AAA, panel member;
*Software license dispute, ICDR, Chair;
*Foreign Bank merger and buy-out dispute, ICC, panel Member;
*Dispute between former hedge fund partner and hedge fund regarding Retirement Plan, AAA, panel member;
*Dispute between hedge fund’s investors and hedge fund’s former investment advisor, ICDR, Chair;
*Dispute between former partner and law firm over promissory notes and constructive discharge, appointed as sole arbitrator by the President of the NYC Bar Association;
*Dispute over non-compete clause between former and new owners, AAA, panel member;
*Employment dispute between former employee and international bank, ICC, Chair;
*Estate valuation dispute between closely-held corporation and estate of former member, AAA, sole Arbitrator;
*Dispute between two companies about alleged fraudulent representations about financing opportunities, AAA-ICDR, sole Arbitrator;
*Insurance coverage dispute among policy holder, D&O primary carrier, and excess carrier, AAA.

License(s)

Retired Member of the NY and DC Bars.

Education

Brown University, AB cum laude, 1964
Harvard Law School, JD, 1967

Publications

*Federal Securities Litigation: A Deskbook for the Practitioner (co-author), DataTrace Publishing Company;
*Recommended Practices in the Conduct of Internal Investigations (principal draftsman), American College of Trial Lawyers, 2008;
*Recent developments in the enforcement of the Foreign Corrupt Practices Act, Journal of Securities Compliance, Volume 1, Issue 3 (2008) (co-author);
*Update on the Corporate Attorney-Client Privilege, The Sedona Conference Journal, Fall 2007;
*”Openings,” Business and Commercial Litigation in Federal Courts (4th ed.);
*”Counsel’s Preparation For A Mediation: Creating The Basis For Resolution”;
*”Five Things Your Client Should Know And You Should Do Before A Mediation”

Awards

*American College of Trial Lawyers, Access to Justice Award, 1997;
*NYLPI Pathways to Justice Award, 1998;
*UJA Corporate Counsel of the Year, 2001.

Panels

*Member, National Commercial Panel, American Arbitration Association; *Distinguished Neutral on the Panels of Hedge Funds, Banking and Financial Services, General Counsel, and NY Region of the International Institute for Conflict Prevention and Resolution;
*FedArb

Associations

*American College of Trial Lawyers, Chair, Arbitration Committee;
*American Bar Association, Dispute Resolution Section and Litigation Section;
*NYC Bar Association, former Vice President; former Chair, Audit Committee; former member, Executive Committee;
*NYS Bar Association, Dispute Resolution Section and Litigation Section