David has 33 years of experience as a civil trial lawyer in business and employment disputes. He has served as primary litigation counsel for many companies throughout the United States. He has tried, arbitrated, mediated or settled multi-million dollar cases in a wide variety of areas, including financial services, business torts, land use and environmental, close corporation, employment, intellectual property, fiduciary, construction and contractual disputes.
Most recently, David’s trial experience has included:
Representation of two Dutch pension funds in federal lawsuits against a major financial provider of investment and trust services. Our clients lost hundreds of millions of dollars when the provider failed to disclose material risks of collective investment funds that were rendered worthless upon the failure of Lehman Brothers. After depositions and exchange of expert reports, the cases settled on favorable terms.
Representation of a public company, its key executives, and its deferred compensation plan in federal lawsuits in Philadelphia, San Francisco, New Orleans and Washington D.C. regarding the “top hat” status of the plan and the participants’ rights to account balances under ERISA. After several rulings in favor of our clients, the claims of all participants settled on favorable terms. We then obtained reimbursement of virtually all of our legal fees after mediation with our client’s professional liability insurer.
Representation of a digital watermarking company in litigation in Texas and New York against an investor/supplier who claimed that the company and its private equity owners breached their fiduciary duties in a round of financing that altered the company’s capital structure. After briefing and arguing motions to dismiss in the two jurisdictions, the case settled through issuance of a promissory note to the investor/supplier that was payable upon a change of control of the company.
An eleven-day arbitration resulting in a $600,000 award in favor of David’s client, a state agency, against an architectural firm, based on the firm’s errors and omissions in design and construction administration of a public housing project.
A five-day arbitration resulting in a $200,000 award in favor of a public information technology company against its Big Four accounting firm for negligent tax return preparation, along with a companion major settlement against a mid-size Boston area law firm for related legal malpractice.
A mediation resulting in a $700,000 reimbursement by an insurer under a directors and officers liability policy for legal fees incurred in defending claims of breach of fiduciary duty.
David is a founding partner of Lurie Friedman LLP. He was formerly an associate and partner in the litigation section of Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C. He has been named by his peers as one of Boston magazine's Super Lawyers in the area of business litigation.
David received his J.D. cum laude in 1983 from Harvard Law School where he was a member of the Legal Aid Bureau. He received his B.A. magna cum laude in 1979 from Dartmouth College, where he majored in Policy Studies with Distinction. He is admitted to practice in Massachusetts and before the United States District Court for the District of Massachusetts, the United States Court of Appeals for the First Circuit, and other federal courts. David resides in Newton, Massachusetts