Profil
David advises on individual and corporate disputes during the entire dispute-resolution life cycle, including through strategic negotiation, mediation, other forms of alternative dispute resolution, and adjudication through trial when needed or required. David has experience with many subject matters, including unfair or deceptive business practices disputes in individual and putative class action settings, including under Massachusetts General Laws Chapter 93A—the Massachusetts Consumer Protection Act. Boston magazine selected David as a “Top Lawyer—Class Action” in 2022 and 2023. Also, David works with clients on avoiding disputes proactively by identifying and ameliorating existing or potential dispute risks in business policies and practices.
Concentrations
- Defending unfair and deceptive business practices disputes brought by consumers or governmental agencies, including Qui Tam/False Claims Act/Telephone Consumer Protection Act disputes
- Defending and prosecuting business and commercial disputes between individuals and companies, including unfair methods of competition, unfair or deceptive business practices, and trade secrets disputes
- Defending and prosecuting intra-company corporate, limited liability company, and partnership disputes
Expertise
Erfahrung
- D.D.S. Industries, Inc. v. P.J. Riley & Co., Inc., Massachusetts Appeals Court. Obtained defense verdict for subcontractor and judgment against prime contractor under the Massachusetts unfair business practices statute, Chapter 93A, arising out of the construction of a waste water treatment plant on Martha's Vineyard. Also, successfully defended verdict and judgment on appeal.
- Jillian Calixto v. Coughlin et al., Massachusetts Supreme Judicial Court. Obtained dismissal in case concerning whether Massachusetts employers (including individuals) would be subject to Wage Act liability (civil and criminal) if a business entity closes without giving required notice under the federal Warn Act as well as whether creditors could bring a derivative claim against officers for allowing a company to violate the federal Warn Act. Prevailed in dismissing the claims in the Massachusetts Superior Court. Dismissal was upheld by the Massachusetts Supreme Judicial Court. Three amicus filings were submitted in support of client’s position as a contrary finding would have opened up a Pandora’s Box of litigation against employers in Massachusetts.
- Ferreira v. Sterling Jewelers, Inc., et. al., United States District Court for the District of Massachusetts. Putative nationwide consumer-based class action alleging unfair and deceptive trade practices. Putative nationwide class narrowed to Massachusetts internet purchaser only putative class through initial motion practice. Discovery then limited to merits of putative class representative’s individual claims. Summary judgment entered in favor of defendant retailer.
- Barsukova/Aviles v. Macy’s, Inc., United States District Court for the District of Massachusetts. Putative nationwide consumer-based class action alleging unfair and deceptive trade practices. Discovery limited during motion practice to merits of putative class representative’s individual claims. Case settled with individual class representative and no class-wide relief provided.
- Derby v. Brooks Brothers, Inc., United States District Court for the District of Massachusetts. Consumer-based class action alleging unfair and deceptive trade practice. Discovery limited to merits of putative class representative’s individual claims. Case voluntarily dismissed with no payment to putative class representative.
- Derby v. East Coast Alpine, Inc., Suffolk Superior Court. Putative Massachusetts consumer-based class action alleging unfair and deceptive trade practices. Case voluntarily dismissed after settlement with putative class representative. No class-wide relief provided.
- Ashley Maher Day v. Smartbargains, Inc., et. al., United States District Court for the District of Massachusetts. Putative nationwide class action alleging unfair and deceptive trade practices. Agreed-to nationwide CAFA class action settlement negotiated, which provided eligible consumers with a discount code towards future purchase or weighted refund for returning product. Predominantly e-mail only notice program implemented.
- Brickett v. HSBC Bank U.S.A., N.A., United States District Court for the District of Massachusetts. Unfair and deceptive trade practices claim brought against lender. Summary judgment in favor of lender obtained. 52 F. Supp. 308 (D. Mass 2014). Judgment affirmed on appeal. 607 Fed. App. 5 (1St CIA. 2015)
- Cascio v. Lynette’s Limousines, Inc., Massachusetts Superior Court. Wage and Tip Act putative class action brought against employer (misclassification). Class-wide settlement approved by the Superior Court.
- McKew v. VSM Sewing, Inc., United States District Court for the Eastern District of Virginia. Misclassification collective action brought under the Fair Labor Standards Act. Opt-in settlement class approved by the District Court.
- Syracuse v. Orion Refining Corp., United States Bankruptcy Court for the District of Delaware. Breach of contract action brought by sub-contractor concerning material reclaimation of metals from oil refinery. Judgment for defendant after trial. 424 B.R. 156 (Bankr. D. Dec. 2010), aff’d 445 B.R. 312 (D. Dec 2011).
- Mills v. U.S. Bank Nat. Ass’n, N.A et. al., United States District Court for the District of Massachusetts. Unfair and deceptive lending practices claims brought against lender and servicer. Nineteen count complaint dismissed with dismissal affirmed on appeal . 2013 WL 1389751 (D. Mass. 2013), aff’d 753 F.3d 47 (1dt Cir. 2014).
- SunLink Corporation v. American Capital Energy, Inc., AAA Arbitration. Breach of contract and unfair business practices claim arising out of the sale of solar racking systems. $10,000,000+ award for claimant obtained.
Anerkennung durch den Markt
- Listed, Massachusetts Lawyers Weekly, “Go To Business Litigation Lawyers,” 2022
- Listed, Boston magazine, "Top Lawyers - Class Action," 2022-2023
- Team Member, a Law360 “Product Liability Practice Group of the Year,” 2021-2022
- Team Member, U.S. News - Best Lawyers®, Best Law Firms Edition, "Law Firm of the Year," Banking & Finance - Litigation, 2017
- Member, American Bar Association
- Member, Boston Bar Association
- Member, Massachusetts Association of Trial Lawyers
Ausbildung
Akademische Ausbildung
- J.D., magna cum laude, Suffolk University Law School
- Graduate Certificate of Special Studies in Administration and Management, Harvard University Extension School
- B.A., Legal Studies, University of Massachusetts at Amherst
Zulassung
- Massachusetts
- Supreme Court of the United States
- U.S. Court of Appeals for the First Circuit
- U.S. District Court for the District of Massachusetts