Biography

Named one of the leading commercial litigation attorneys in Pennsylvania by Chambers USA in 2010, David focuses his practice on all aspects of business-related litigation, including contractual disputes, civil RICO, unfair business practices, unclaimed property audit defense, misappropriation of trade secrets and intellectual property matters.

David is also involved in the representation of clients in the area of legal ethics and professional responsibility.

Representative Matters

  • First Data Merchant Services Corporation v. America’s Choice Merchant Services, LLC, et al., Civ. A. No. 13-110 (D. Mont.) (2014). Prosecution of claims for breach of contract, fraud, alter ego liability and successor liability arising from a marketing agreement.
  • Karen A. Sarpolis, et al. v. Post & Schell, P.C., et al., Civ. A. No. 13-5521 (E.D. Pa.) (2014). Defense of purported claim under Racketeer Influenced and Corrupt Organizations Act, 18 U.S.C. § 1961, et seq. Motion to dismiss granted and complaint dismissed with prejudice.
  • Spread Enterprises, Inc., d/b/a Ola Brasil v. First Data Merchant Services Corporation, et al., Civ. A. No. 11-4743 (E.D.N.Y.) (2011-2014). Defense of putative class action lawsuit arising from merchant processing agreements. Class certification denied and plaintiff’s individual claims dismissed for lack of subject matter jurisdiction.
  • Bennett Building, Inc. v. ARAMARK Sports and Entertainment Services, LLC, Civ. A. No. 12-41 (N.D. Ala.) (2012). Defense of breach of contract claims related to architectural and design services allegedly performed. Settled before discovery.
  • Austin Air Systems, Limited v. Banc of America Merchant Services, LLC, et al. (W.D.N.Y. 2012). Defense of claims for breach of contract and fraudulent inducement. Motion to dismiss granted and complaint dismissed in its entirety.
  • Associated Investment Enterprises, Inc. v. Bank of America, et al. (Oakland County, MI) (2012). Defense of claims for conversion, conspiracy and breach of fiduciary duty related to merchant processing account. Settled before discovery.
  • On behalf of a global pharmaceutical company, successfully negotiated recovery of 100 percent of unpaid invoices (approximately $2 million) under manufacturer and supply agreement without filing lawsuit (2011).
  • On behalf of a global pharmaceutical and vision care company, prosecuted claims arising out of a license agreement (ICDR) (2011).
  • Jacob Apelbaum v. First Data Corporation, et al., Civ. A. No. 08-3186 (E.D.N.Y.) (2008-2011). Defense of constitutional tort and defamation claims based upon statements allegedly made to the United States Secret Service. Summary judgment entered in favor of First Data Corporation.
  • Centocor Ortho Biotech, Inc. v. Schering-Plough Corporation(ICDR) (2009-2010). Defense and prosecution of claims that a business combination between Merck & Co., Inc. and Schering-Plough Corporation triggered a “change of control” provision in a distribution agreement. Settled after multi-week arbitration.
  • Public Consulting Group, Inc. v. Unisys Corporation (AAA) (2009). Defense of claims based upon a teaming agreement. Three-week arbitration.
  • Ney v. Open Solutions Inc. (E.D. Pa.) (2008). After four-day jury trial, defense verdict in connection with claim by former employee for unpaid sales commissions.
  • HT of Highlands Ranch, Inc. v. Highline Capital Corp., Civ. A. No. 07-5718 (D.N.J.) (2007-2009). Defense of claims under Racketeer Influenced and Corrupt Organizations Act, 18 U.S.C. § 1961, et seq. (RICO). Settled after discovery.
  • Unilever Ice Cream v. Jack & Jill Ice Cream Co. (Bergen County, NJ) (2006-2008). Defense of claims for breach of distribution agreement and misappropriation of trade secrets, and prosecution of claims for breach of contract and fraud. Settled after discovery.

Before Fox Rothschild

David spent two years as a member of the Villanova University School of Law Moot Court Board and was a semi-finalist in the 2003 National Tax Moot Court competition. As an undergraduate David spent a semester studying international politics at the Institute of European Studies in Madrid.

Honors & Awards

  • Named as one of the leading commercial litigation attorneys in Pennsylvania, Chambers USA (2010)
  • Included in a list of "Pennsylvania Super Lawyers" (2013-2016)
  • Included in “Super Lawyers Business Edition” in the area of Business Litigation (2013)
  • Included in the list of "Pennsylvania Rising Stars" by Philadelphia Magazine and Law & Politics Magazine (2006-2008 and 2010-2011)