At a Glance
David is a trial and appellate lawyer whose practice focuses on class action and complex litigation involving consumer protection and deceptive practices litigation, real estate and construction litigation, automobile franchise litigation, investment fraud and securities litigation, business contracts litigation, warranty, defective products and UCC Article 2 litigation, director, officer and shareholder rights litigation, and environmental and toxic tort litigation. David also has extensive experience regarding arbitration proceedings and the enforcement of arbitration clauses in consumer and business contracts.
Practices/Industries
Litigation
Banking & Commercial Litigation
Class Actions
Complex Business
Construction Litigation
Governance Disputes & D&O Litigation

Real Estate
Construction

Financial Services
Banking & Commercial Litigation
Broker-Dealer Litigation
Securities Litigation
Trust Litigation

Areas of Concentration
  • Class action and complex litigation
  • Business and shareholder litigation
  • Real estate litigation
  • Corporate dissolution (“business divorce”), fiduciary duty, and directors and officers (D&O) liability litigation
  • Consumer protection and deceptive acts litigation
  • Investment fraud litigation
  • Business contracts litigation
  • Automobile dealer and franchise litigation
  • Warranty, UCC and defective goods litigation
  • Construction litigation
  • Environmental and toxic tort litigation
  • Trial and appellate advocacy
  • Enforceability of arbitration clauses

 

Education
Ohio Northern University (B.S., with distinction, 1986)

Ohio Northern University, Pettit College of Law  (J.D., with distinction, 1989) Willis Academic Honorary Society; Executive Editor, Ohio Northern University Law Review
Representative Experience
  • Defended a public company in a class action alleging consumer protection and advertising claims in Illinois State Court.
  • Consumer class action defense work for large credit card issuer.
  • Class action defense of consumer claims in the construction and real estate industries.
  • Class action defense in the financial and investment services industry.
  • Class action defense of consumer protection, defective goods and advertising claims.
  • Construction litigation involving large health care institution.
  • Class action defense of consumer claims against large automobile dealer.
  • Environmental class action involving over 30 expert witnesses.
  • Warranty litigation involving claims of business loss.
  • Automobile dealership franchise litigation.
  • Consolidated investment fraud litigation involving over $80,000,000.
  • Shareholder derivative litigation involving Fortune 500 conglomerate.
  • Minority shareholder, director and officer liability and leveraged buy-out litigation.
  • Extensive business and consumer class action experience.

 

 

Honors & Distinctions
AV Rated - Martindale-Hubbell
Publications and Presentations

Publications
“Class Action Defense Checklist,” Author, Ulmer & Berne LLP, Financial Law Resource (Summer 2007)

Professional Affiliations
Ohio State Bar Association

Cleveland Metropolitan Bar Association

Admissions
State of Ohio
U.S. Court of Appeals, Sixth Circuit
U.S. District Court, Northern District of Ohio
U.S. District Court, Southern District of Ohio