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Overview

David focuses on complex commercial litigation. 

As a highly respected trial attorney, he litigates extensively in state and federal courts throughout the United States, with substantial involvement in the defense of complex disputes and class action lawsuits. His results-driven counsel ensures the best possible outcomes in commercial fraud claims, contractual disputes, toxic tort actions, environmental lawsuits, insurance coverage matters, Employee Retirement Income Security Act (ERISA) claims, professional liability claims and real estate disputes.

David has actively litigated numerous federal multidistrict commercial cases, including a substantial class action lawsuit relating to the failure of several municipal bond projects and a complex securities/mortgage pool fraud claim. He also has extensive experience in representing well-known professional services firms and networks in the sophisticated area of professional liability defense.

Industry

Services

Recognition

  • The Best Lawyers in America®
    • Commercial Litigation, 2020-2025
    • Litigation - Securities, 2023 and 2024
  • Martindale-Hubbell AV Preeminent

Education

  • J.D., University of Missouri School of Law
  • B.A., Boston University
    • summa cum laude, with distinction
    • Political Science
    • Phi Beta Kappa

Admissions

  • Missouri
  • U.S. District Court, District of Colorado
  • U.S. District Court, Northern District of Florida
  • U.S. District Court, Eastern District of Missouri
  • U.S. District Court, Western District of Missouri
  • U.S. Court of Appeals, Eighth Circuit

Professional Memberships and Certifications

  • The Bar Association of Metropolitan St. Louis 
  • The Missouri Bar
Experience
  • Served as trial counsel representing a major chemical company in lengthy dispute over the payment of defense and environmental remediation costs at approximately 100 sites across the country. Multiple jury verdicts resulted in settlements for client in excess of $175 million.
  • Served as trial counsel for corporate client in a six-week jury trial in the United States District Court for the Southern District of New York regarding insurance coverage for remediation costs at five environmental sites resulting in a judgment for our client of more than $81 million.
  • Defended a major insurer in a $600 million Employee Retirement Income Security Act (ERISA) class action lawsuit. Plaintiff sought recovery on behalf of 23,000 present and former independent contractor insurance agents. Obtained summary judgment on all claims.
  • Defended failed savings and loan institution’s officers and directors against allegations of negligently underwriting and authorizing loans that ultimately defaulted and caused significant losses. Obtained favorable rulings and settlement for institution.
  • Represented financial institution defrauded in connection with a series of securitized mortgage investments. Secured a series of federal court multimillion-dollar settlements in California.
  • Served as trial counsel for major accounting firm in a federal securities action in Alabama that resulted in favorable settlement.
  • Served as trial counsel for physicians’ group in connection with fraud and breach of fiduciary duty claims arising out of fraudulent accounting and financial practices within a significant medical practice. Obtained a multimillion dollar verdict following five-week jury trial.
  • Defended bank directors in class action case involving the issuance of subordinated capital notes. Plaintiffs alleged breaches of state and federal securities laws claiming the bank and directors defrauded them by failing to disclose the precarious nature of the institution’s capital position. Secured summary judgment in favor of the directors.
  • Secured two settlements worth nearly $150 million on behalf of our client, a state insurance commissioner, in his capacity as the liquidator of an insolvent insurer.