David is an independent Arbitrator and Mediator for complex business, contract, financial, healthcare, insurance, private equity, M&A, joint venture/partnership, intellectual property, employment, legal and accounting professional liability and real estate disputes.
Experience
David has been serving as a full-time arbitrator and mediator since he retired from his law partnership at Simpson Thacher & Bartlett in 2015 after 37 years in its New York office. His cases have spanned the gamut of large domestic and international business disputes, including those involving supplier-distributor contracts, mergers and acquisitions, joint ventures, healthcare, pharmaceuticals and bio-pharmaceuticals, patent, trademark and other intellectual property rights, insurance (CGL, D&O, life/health, property, all-risk, business interruption, recall, aviation, representations and warranties, environmental, media/advertising injury, brokers and third party administrators), banking and financial services, technology services, construction, law firm, accounting firm, consulting firm, retail technology management, resort hotels and hotel groups, food packaging, alcohol and other beverages, theatrical licensing/leasing, metals recycling, restrictive covenants and employment cases.
Work History
Before becoming a full time arbitrator and mediator, David was a long-time litigation partner at Simpson Thacher (1978-2015). He teaches complex civil litigation and commercial arbitration at Duke Law School (2011-present) and Large Scale Litigation at the University of Miami Law School (2018-2020). David is presently the Chair of the Advisory Board of the Bolch Judicial Center at Duke Law School and a former Chair of the Editorial Board of Judicature, the 100+ year old publication for judges focusing on judicial best practices and the rule of law. He is also a long time member of the Board of Visitors of Duke Law School (Chair, 2009-15). David was a long-time member of the Board (Chair 2000-2002) of Mobilization for Justice, a major legal services organization serving the underserved.
Cases
Sample Arbitration Appointments: Partnerships/ Joint Ventures/ M&A: disputes over a big-box retail inventory control company acquisition transition services agreement (sole arbitrator); Am Law 50 law firm dispute over termination of a former partner (sole arbitrator); energy infrastructure manufacturing joint venture dispute (party- appointed); dispute between healthcare benefits/ financial services companies over joint venture termination and non-compete provisions (sole arbitrator); liquidation of partnership dispute involving television, movie and theatrical prop rentals and sales (sole arbitrator); hospital purchase agreement dispute (party-appointed). Supply & Distribution Agreements: international jet fuel supply contract dispute (sole arbitrator); major soft drink company distributor termination dispute (party-appointed); major alcohol beverage companies’ product IP and licensing dispute (party-appointed); refrigerant supply contract termination dispute (party-appointed); and electronics components supply contract dispute (party-appointed). IP/ Bio-Pharma Development: bio pharma unfair competition and IP claims (sole arbitrator); pharmaceutical acquisition and product development milestones dispute (party-appointed); IP and contract dispute between plant food inventor and major fresh fruit company (party-appointed); IP dispute involving cross-border alcohol beverage brand license (party-appointed); bio-pharma IP settlement agreement claims between two bio-pharma companies (sole arbitrator). Banking & Finance: organization of multiple credit unions dispute with loan origination and underwriting firm (party-appointed); international corporate investor dispute with major international bank (party-appointed). Healthcare: dispute between major university hospital system and managed care organization/ insurer over Medicare Advantage reimbursement (tribunal chair); dispute between medical provider and managed care organization/insurer over Medicare Advantage reimbursement (sole); reimbursement disputes between hospital system and health insurer/ manager care organization (sole); life and health insurance company dispute with Third Party Administrator firm (tribunal chair). Insurance and Reinsurance: pharma plant closing and recall insurance dispute (tribunal chair); property insurance dispute between healthcare company and insurers concerning named- storm hurricane and flood coverage (tribunal chair); luxury hotel developer dispute with all risk insurer over water damage and business interruption/ project delay claims (tribunal chair); liability insurance dispute concerning mass product liability exposure (party-appointed--insurer); consumer product recall insurance dispute (party-appointed--policyholder); environmental pollution insurance coverage dispute (party- appointed--insurer); two covid-19 coverage arbitrations between insurers and large corporate policyholders (party-appointed--insurer); representations & warranties insurance dispute (party- appointed—insurer); liability insurance dispute concerning accidental death (party- appointed--insurer); directors & officers insurance dispute (party-appointed—insurer); insurance coverage dispute between bus company and insurer over whether CGL or vehicle coverage applies (party-appointed-insurer). Hotels/Resorts: dispute between ultra luxury resort and major hotel group (tribunal chair) Construction: construction dispute involving construction of telephone and wireless facilities (party-appointed); New York luxury hotel construction flood damage and delay insurance dispute (tribunal chair). Sample Mediation Appointments: M&A; Partnerships/ Joint Ventures: Numerous post-acquisition disputes involving both private equity and strategic acquisitions; international dispute over acquisition agreement for resort properties; international dispute over failure to obtain CFIUS approval of a cross-border technology company acquisition; dispute over partnership/joint venture and IP arising out of television program Shark Tank; dispute over private equity acquisition of a data library company; dispute over private equity acquisition of investigations firm; dispute among owners and executives of a major theatrical licensing company; disputes among partners in real estate development ventures; race discrimination claim arising out of failed media joint venture. IP/ Pharma Development/ Technology, Trademarks: Bio-pharmaceutical development contract disputes; IP misappropriation claim against major medical research institution and bio pharma company; dispute over Major League Baseball team’s use of new tradename and trademarks; dispute over technological implementation of State Medicaid data system; dispute over contract for in-store screen display advertising system and placement; Trademark litigation between two major online education providers. Healthcare: numerous hospital system and other provider claims against health insurance and managed care organizations, including antirust claims, payment claims and contract interpretation issues. Insurance:, life insurance marketing practices claims, CGL and environmental pollution coverage, property and liability coverage for commercial roof collapse; aviation insurance coverage for numerous aircraft. Accountants Liability: litigations and arbitrations against accounting firms arising out of audited company U.S. bankruptcy proceedings and Cayman Islands liquidations. Law Firms: Disputes over inter-law firm fee allocation, securities claims and client malpractice claims. Banking & Securities: Misrepresentation claims against issuers, underwriters and law firms; residential mortgage backed securities disputes, public bond indenture claims; claims by billionaire investor against investment advisory firm, claims against bank for embezzled wire transfers; foreign national investment and borrower claims against Edge Act bank, claims against bank for payment on fraudulent wire transfers and lender liability claims against banks. Executive Employment: Various cases involving termination, discrimination, benefits and non-compete and non-solicitation claims. Supply and Distribution:. Litigations over food and beverage (soft drinks and alcohol) distributor terminations and product claims, solar energy project claims against manufacturer of heat transformers, chain store hardware supply. Real Estate/ Construction: Disputes over major building foreclosure and lender liability, air rights sales, limited partner claims. Bankruptcy/ Liquidator Trustee Claims: against failed solar energy plant equipment suppliers, accounting firms.
License(s)
David is a member of the bars of New York, New Jersey and the District of Columbia, as well as the bars of the United States Supreme Court and numerous federal district and circuit courts.
Education
BA (1975) Duke University , summa cum laude JD (1978) Duke Law School, cum laude, Staff Editor, Duke Law Journal
Publications
\"Testing Your Arbitration Dispute in a Mock Arbitration,\" New York Law Journal (March 15, 2024); \"How to Avoid and Break Mediation Impasse,\" New York Law Journal (Oct. 24, 2023); \"Arbitrator Selection Is a Key Component of the Arbitration Process,\" New York Law Journal (Aug. 16, 2023); Panel Moderator & Speaker, \"Arbitrator Disclosures: Too Restrictive, Too Lax? Just Right?,\" at ARIAS-US 2023 Spring Meeting (May 19, 2023); Panel Speaker, \"Admit It! You Want to Discuss Rules of Evidence & Process in Arbitrations,\" ARIAS-US 2022 Spring Meeting (May 12, 2022); \"A Bridge Too Far? An Expert Panel Examines the Promise and Peril of Third-Party Litigation Financing,\" 103-3 Judicature 48 ( Fall 2019); P. Halprin, D. Ichel and P. Rosen, \"Introducing the ARIAS-US Panel Rules for Resolution of Insurance and Contract Disputes\", Mondaq (October 12, 2019); “Has Shoe Run Its Course: How will recent Supreme Court decisions on personal jurisdiction impact the legacy of International Shoe and the future of complex litigation?”, 103-2 Judicature 64 (Spring 2019); \"A New Guard at the Courthouse Door: Corporate Personal Jurisdiction After the Supreme Court\"s Decision Quartet,\" 71 Rutgers L.Rev.1 (2018); Comparing Policyholder Arbitrations to Reinsurance Arbitrations, ARIAS-US Quarterly (Q2-2018) (with Carlos A. Romero, Jr.). Panelist at ARIAS--US Fall 2018 and 2019 Conferences on \"Expanding ARIAS-US to Policyholder and other Direct Insurer Disputes.\"
Awards
Dean\"s Alumni Achievement Award, Duke Law School (2015), Mobilization for Justice Outstanding Service Award (NYC 2018)
Panels
Fellow of the Chartered Institute of Arbitrators and member of the arbitration and mediation panels of AAA, ICDR, ICC-USCIB, CPR, FedArb, ARIAS-US and the New York City Bar Panel for Disputes Among Lawyers/Law Firms. Fellow of the Academy of Court Appointed Neutrals.
Associations
Duke Law School Board of Visitors (2005-present; chair 2009-2014), Judicature Editorial Board (2016-2022; Chair 2020-2022); Mobilization for Justice Inc. (Board,1994-2018; Chair 2000-02; Emeritus, 2018-2024); Advisory Boards: Bolch Judicial Institute at Duke Law School (2020-present, chair 2025-), University of Miami Class Action & Complex Litigation Forum (2018-present); Member: Miami International Arbitration Society (2018-present); American Law Institute (1993-present); Federal Bar Council (1982-present); New York City Bar Ass’n (1979-present).
Miscellaneous
Instructor level scuba diver (PADI certified in 2015).
