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Todd R. David

Partner


Todd David is co-chair of the firm’s 400 plus lawyers litigation practice area 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, purchase price adjustments and other transaction-based or accounting disputes.

Mr. David counsels companies regarding disclosure and corporate governance issues, and he conducts special investigations and independent reviews involving such matters.

He has been recognized in such publications as The Best Lawyers in America (categories of bet-the-company litigation, commercial litigation, corporate governance and corporate law), Chambers USA: America's Leading Lawyers for Business, and Super Lawyers magazine. Mr. David has taught and lectured at law schools and seminars on, among other topics, securities regulation and litigation, derivative litigation, trial techniques and legal writing.

Representative Experience

  • Trial counsel on behalf of, among others, professional services firms, retailers, chemical companies, technology companies, and companies in the health care industries.
  • Over 65% success rate of complete dismissals on motions to dismiss securities class actions versus the national rate of other law firms of approximately 33%.
  • Successfully opposed plaintiffs’ challenges to mergers in several jurisdictions including, among others, Delaware, Florida, Tennessee, South Carolina, Georgia, New York and New Jersey.
  • Counsel in successful defense of arbitration and injunction proceeding in New York Supreme Court and appellate division concerning asset purchase and alleged breach of contract claims, including limiting recovery to $1.00.
  • Obtained dismissal of shareholder claims involving, among others, Coca-Cola Enterprises, Georgia Pacific, iXL Enterprises, Matria Healthcare, Mirant Corporation, NDC Health Corp., PharMerica, Premiere Technologies, Suburban Lodges of America, S-1 Corporation and US Oil and Gas.
  • Counsel for insured in $50 million arbitration with excess insurance carrier. The arbitration panel ruled in favor of our client.
  • Prevailed in arbitration by recovery of $7 million award against seller of business and obtained a $5 million additional settlement in 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.
  • Counsel in several securities class actions on behalf of issuers, underwriters, professionals, directors and officers in, among other industries, consulting, professional services, technology, banking, manufacturing, hospitality, trucking and health care. Rate of success far exceeding national averages. Additional details on request.


Publications
September 30, 2011
August 26, 2011
"The Secret To Beating ‘Short And Distort’ Schemers," Securities Law360, August 26, 2011.
July 18, 2011
"Litigation Disclosure Challenges To M&A Activity," Securities Law360, July 18, 2011.

Todd R. David

One Atlantic Center
1201 West Peachtree Street
Atlanta, GA 30309-3424
Phone: 404-881-7357
Fax: 404-253-8242

90 Park Avenue
New York, NY 10016-1387

Education

  • Northeastern University
    (J.D., 1985)
  • Queens College
    (B.A., 1982)

Admitted to Practice

  • Georgia
  • New York