David is a former litigator who now arbitrates and serves as a special master/court-appointed neutral in state and federal court. He has arbitrated and mediated over 2,000 matters.
Experience
Mr. Lichter has served as a Chair or wing arbitrator in over 235 arbitrations conducted under the auspices of the AAA-ICDR, AHLA, ICC, CPR, FINRA/NASD or as a privately-selected arbitrator. He has been named as a Special Master, Special Magistrate and Special Investigator in state and federal court. David has served as an advocate and lead/coordinating counsel for approximately 4,000 related individual arbitrations filed with AAA and as lead or sole counsel in approximately 40 FINRA/NASD arbitrations. In the past, he served as a mediator for more than 1,900 matters in state and federal court, the AAA or pre-suit. David’s expertise includes healthcare, employment and complex litigation matters. These include, in addition to the specific categories listed below, banking, contracts, breach of fiduciary duty & fraud, legal & accounting malpractice & professional liability, non-compete agreements, tortious interference, franchises, class actions, dealer termination, antitrust (monopolization and market analysis), civil rights, aviation, FCA, probate, social media, corporate board disputes, RICO, TCPA, FDCPA, FCRA, partnership disputes & auto dealer acts. What follows is a more detailed description of particular substantive areas in which Mr. Lichter has experience. HEALTHCARE: Payor-Provider, Physician-Employer and physician practice disputes; TPA performance disputes; application of Medicare/Medicaid statutes; immunity statutes; Medical Executive Committee (MEC) investigations; disciplinary proceedings; staff privileges; staffing; application of the NPD and HCQIA; sequestration; recoupment; HMOs; PPOs; capitation; medical necessity; length of stay; level of care; discharge planning; clinical validation audits; claims processing; coding; non-compete agreements; application of protocols and URGs; reimbursements. Sampling design orders. INSURANCE: Coverage/benefit disputes including professional, regulatory, advertising liability; life, disability, ERISA, D&O, E&O; reinsurance. REAL ESTATE: Public & Private financing; complex zoning disputes between municipalities, between & among municipalities/businesses and/or non-profits, boundary & use disputes; challenges to ordinances; complex multiparty commercial and residential foreclosures, and disputes over collateral and guarantees, RESPA, TILA & contractor disputes. TECHNOLOGY: Failed implementation & support of high-end software packages in banking & financial sectors; unlawful reverse engineering & theft of trade secrets in testing & deployment of healthcare, securities and servicing platform software. INTELLECTUAL PROPERTY: trademark & copyright infringement, counterfeiting, trade secrets, trade secret disclosures/descriptions, piracy, compliance, licensing, royalties, and ownership of intellectual property; issued orders on injunctive relief. FINANCE: Investment banking, tax-exempt and non-exempt corporate bond financing; obligations under consulting and partnership agreements for capital raises & entitlement to equity interests thereunder. EMPLOYMENT: covenants not to compete & non-solicitation agreements; theft of trade secrets; executive compensation; race, gender & age discrimination claims under Title VII, ADA, FMLA & state civil rights acts; disputes over buyouts, equity call options; retaliation; whistleblower, FLSA & ERISA. Extensive collective action & multi-case AAA advocacy experience. LEGAL SERVICES DISPUTES: Arbitrated numerous lawyer-client fee disputes. SECURITIES: 600+ securities cases mediated, including full panoply of securities products & allegations involving financial advisors, RIAs & broker-dealers with issues involving suitability, churning, selling away, raiding, PPMs, insider trading, forex, commodities, pump-and-dump & Ponzi schemes, tax fraud and boiler rooms. Arbitrated disputes involving RIAs and defamation. Parties include health & hospital systems; insurers; physician practices; developers; lenders; contractors; broker dealers; financial planners; software companies; recording artists; record labels; athletes; authors; auto dealers; oil cos; engineering, law & accounting firms; medical practices; exporters/importers; pharma companies; aircraft manufacturers; mortgage servicers; SEC, CFTC, DOJ, DOL, FDIC, USDA, USBOP, CFPB; religious entities; hotels; State of Florida; cities; counties; appraisers & a native tribe.
Work History
Federal Judicial Law Clerk, Jacksonville, Florida (1982-84); Assistant U.S. Attorney (1984-89); associate & partner, Kenny Nachwalter, P.A. (1989-2003); founding partner, David Lichter & Associates (2003-2006); founding partner, Higer Lichter & Givner (2006-2014); founding partner, Lichter Law Firm (2015-present).
Training
CCA Annual Conference (2025); ACE22-25 (various topics) ;ACE21 Impartiality: Do You Know Where Your Biases Are? 2021; ADS S01 - Cybersecurity Awareness Training for AAA Panelists, 2020; Florida Bar: Arbitration Online, 2020; AAA Adoption of Employment & FLSA Discovery Protocols, 2020; AAA Emerging Topics in Arbitration, 2020; AAA/ABA: Arbitration and Mediation in the Time of Coronavirus, 2020; ABA Navigating Virtual Hearings in the Age of COVID-19, 2020; ACE20 - Cyber Security: A Shared Responsibility, 2019; AAA ACE19 Case Finances: What Arbitrators Need to Know, 2019; Arbitrator Roundtable - Current Trends in Arbitration, 2019; CI Arb Accelerated International Arbitration Training 2019; Arbitrator Performance and Demeanor ~ Meeting Participant Expectations, 2018; AAA Conducting Research & Investigations: The Arbitrator\"s Authority ACE09, 2017; AAA Clarity in Award Writing, 2016; AAA/ICDR/Mediation.org Panel Conference, 2016; AAA Crossing the Line: New Developments in the Law of Arbitral Jurisdiction, 2015; AAA Arbitrating in a Digital World; Fair & Expeditious Management of Electronic Discovery, 2015;AAA, Get a Grip! Wrangling the Mediation Process to Improve Your Chances of Success in Multi-Party Disputes 2015; AAA Webinar, Innovative Testimony Techniques for the Arbitration Hearing, 2014; ABA Section of Dispute Resolution, 14th Annual Spring Conference, 2012; AAA Advanced Mediator Training: Managing the Dynamics of a Multi-Party Case, 2011; AAA Maximizing Efficiency & Economy in Arbitration: Challenges at the Preliminary Hearing, 2011; AAA Chairing an Arbitration Panel: Managing Procedures, Process & Dynamics ACE05, 2010; AAA Advanced Mediator Training, 2010; AAA Arbitration Awards: Safeguarding, Deciding & Writing Awards ACE01, 2009; AAA Arbitration Fundamentals and Best Practices for New Arbitrators, 2009; Mediation Training Center, Exploring Problem Solving Frontiers, 2007; NASD, Revised Code of Arbitration Procedure Training, 2007; ABA Section of Dispute Resolution, ADR on My Mind, 2006; Mediation Services, Inc., Supreme Court Certified - Family Mediation Training, 2005; NASD, Panel Member Training, 2005; Mediation Institute of America, Inc., Florida Supreme Court Approved, Circuit Civil Mediation Training 1997.
License(s)
Florida, 1983; Certified Civil Circuit Court Mediator, Florida, 2000; Program Arbitrator, Florida, @ 2010
Education
B.A., Brandeis University, cum laude, 1979; J.D., Georgetown University Law Center, cum laude, 1982
Publications
\"A Neutral\"s View of Preliminary Arbitration Issues,\" 39 Alternatives 59 (April 2021); \"Speak Firmly and Carry a Native American Talking Stick: Calming Turbulent Waters Using an Ancient Tradition,\" AAA Dispute Resolution Journal, 2019; \"A Practical Path Towards Better Mediations,\" Business Torts Newsletter, American Association for Justice, 2007; \"Improving Your Mediation Experience: Practical Tips and Suggestions,\" Public Investors Arbitration Bar Association Bar Journal, 2006.
Awards
Best Lawyers in America 2007-present (Mediation & Arbitration) (2024 Lawyer of the Year, Arbitration and Mediation; 2022 Lawyer of the Year, Mediation; 2020 Lawyer of the Year, Arbitration); SuperLawyers, 2007-present (Top 100 Lawyer on several occasions); Top Solo Attorney, 2017, Miami-Dade County Bar Association; A/V rated by Martindale Hubbell since 1990.
Panels
Commercial, Large Complex, Healthcare & Employment, AAA; Panel Neutral, American Health Law Association
Associations
American Arbitration Association; American Health Law Association; National Academy of Distinguished Neutrals
Miscellaneous
Member, Standing Committee for Grievance Mediation and Fee Arbitration, Florida Bar; Past Vice-Chair, Securities Litigation Committee, Dade County Bar Association; Past Chair, Federal Court Practice Committee, Florida Bar; Numerous lectures on mediation and arbitration at local, state and national level (law schools, bar associations; bar programs)