Todd David is co-chair of the firm’s litigation practice area, which includes 330 attorneys, and is the past chair of the firm’s Management Committee. He practices out of the firm’s New York and Atlanta offices.
Mr. David has acted as lead counsel in numerous class actions, trials and arbitrations. He has substantial expertise in a variety of complex commercial litigation, including, among others, securities, D&O, E&O, M&A, purchase price adjustments and earn-outs and other transaction-based or accounting disputes.
Mr. David advises companies regarding disclosure and corporate governance issues and he conducts special investigations and independent reviews involving such matters.
He is recognized in The Best Lawyers in America in the categories of bet-the-company litigation, commercial litigation, corporate governance and corporate law. Mr. David was also named "Lawyer of the Year" for 2013 in his geographical area for the category of securities litigation. He was also listed in Chambers USA: America's Leading Lawyers for Business. Mr. David has published extensively and has taught and lectured at law schools and seminars on, among other topics, securities regulation and litigation, derivative litigation, trial techniques and legal writing.
Todd is a 1985 graduate of Northeastern University School of Law. He served as a law clerk to The Honorable Marvin H. Shoob, United States District Judge for the Northern District of Georgia.
- Trial counsel on behalf of, among others, consumer products companies, professional services firms, retailers, chemical companies, technology companies and companies in the OTC and health care business.
- Success rate of complete dismissals on motions to dismiss securities class actions far in excess of the national rate of other law firms.
- Successfully opposed plaintiffs’ challenges to mergers in several jurisdictions, including, among others, California, Delaware, Florida, Tennessee, South Carolina, Georgia, New York and New Jersey.
- Counsel in a major arbitration on behalf of an international retailer involving an earn-out dispute arising out of an M&A transaction. The arbitrator rejected all material claims of the seller.
- Counsel in the successful defense of an arbitration and injunction proceeding in the New York Supreme Court and appellate division concerning asset purchase and alleged breach of contract claims, including limiting recovery to $1.00.
- Counsel in an arbitration alleging our client breached a license agreement and caused $40 million in damages. AAA Panel issued an award rejecting all claims and denying any damages by claimant.
- Obtained a dismissal of shareholder claims involving, among others, Coca-Cola Enterprises, Georgia Pacific, iXL Enterprises, Matria Healthcare, Mirant Corporation, Miva, NDC Health Corp., PharMerica, Premiere Technologies, Suburban Lodges of America, S-1 Corporation, US Oil and Gas and Vertro
- Counsel for an insured in a $50 million arbitration with an excess insurance carrier. The arbitration panel ruled in favor of our client.
- Obtained verdicts in favor of products liability defendants in jury and bench trials.
- Prevailed in arbitration by recovering a $7 million award against the seller of a business and obtained a $5 million additional settlement in a related state court fraud action.
- Obtained summary judgment and Eleventh Circuit affirmance as to claims by former major stockholders of an acquired company against the acquiring company and certain officers and directors.
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Eighteen Alston & Bird attorneys across a wide range of practices have been named a 2013 “Lawyer of the Year” by Best Lawyers, one of the oldest and most respected peer-review publications in the legal profession. The “Lawyer of the Year” award is based on peer review and is given to those attorneys who received the highest average of votes in both their specific geographic location and practice area.
September 18, 2012
In the Press
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One hundred and forty-seven Alston & Bird attorneys have been selected for inclusion in the 2013 edition of The Best Lawyers in America. The publication is universally regarded as among the few definitive guides to legal excellence, and its rankings are based on an exhaustive peer-review survey in which more than 36,000 leading attorneys cast almost 4.4 million votes on the legal abilities of other lawyers in their practice areas.
September 18, 2012
In the Press
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June 7, 2012
In the Press
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September 12, 2011
In the Press
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July 5, 2011
In the Press
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August 30, 2010
In the Press
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June 11, 2010
In the Press
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“Executive Compensation,” Business and Commercial Litigation in Federal Courts (3d ed. 2011)
2011
Publications
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September 30, 2011
Publications
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"The Secret To Beating ‘Short And Distort’ Schemers," Securities Law360, August 26, 2011.
August 26, 2011
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"Litigation Disclosure Challenges To M&A Activity," Securities Law360, July 18, 2011.
July 18, 2011
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June 20, 2011
Publications
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"Saving Failed Biz Insiders From Fiduciary Duty Claims," Law360, April 12, 2011.
April 12, 2011
Publications
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"Loss Causation And ‘Holder’ Claims In Fraud Suits," Law360, March 8, 2011.
March 8, 2011
Publications
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"When Is Silence Fraudulent?" Law360, February 7, 2011.
February 7, 2011
Publications
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Spring 2010
Publications
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September 24, 2009
Publications
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February 13, 2009
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"District Court Dismisses Former Mirant Executives from Securities Class Action," Bloomberg Law Reports: Director & Officer Liability, Vol. 2, No. 2, February 2009, and Bloomberg Law Reports: Corporate Law, Vol. 3, No. 5, February 2, 2009.
February 2009
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“Special Litigation Committee’s Report Leads to Dismissal of Derivative Lawsuit,” BNA Corporate Counsel Weekly, December 13, 2006.
December 2006
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"High Court to Weigh Causation: Must Plaintiffs Show That False Report Made to Inflate Stock Prices was the Cause of Decline in Their Stock Price?" The National Law Journal, March 15, 2005
March 2005
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“Regulation FD: What the SEC’s Recent Enforcement Actions Teach About Avoiding Liability,” The Journal of Investment Compliance, Winter 2003.
Winter 2003
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“Legal Obligations for Directors and Officers – Strategies for Avoiding Liability in the Current Environment,” Director’s Monthly, April 2003.
April 2003
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Fall 2002
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Fall/Winter 2001
- Serves on the board of the Anti-Prejudice Consortium.
- Past board member of the Big Brothers/Big Sisters, ALS Association of Georgia, and Synchronicity Performance Group.