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

  • Defense of global hospitality company in putative class action under Fair and Accurate Credit Transactions Act. Class certification denied. Carlos Guarisma v. Hyatt Equities, LLC (S.D. Fla.) (2017-2018).
  • Defense of a global pharmaceutical company against claim for breach of a license and supply agreement by generic pharmaceutical manufacturer. Settlement reached after multi-week evidentiary hearing and post-hearing briefing. (AAA) (2015-2018).
  • Defense of payment services company and national bank against claims for breach of contract and conversion. Settlement reached after mediation. Tigrent Group, Inc., et al. v. Banc of America Merchant Services, LLC (Queens County, NY) (2013-2017).
  • Defense of a global pharmaceutical company against claims by a national pharmacy arising out of a pharmaceutical supply agreement. Settlement reached after mediation. (AAA) (2015-2017).
  • Defense of law firm against purported claim for violations of Racketeer Influenced and Corrupt Organizations Act. Motion to dismiss granted. Dismissal affirmed by Third Circuit. Sarpolis v. Post & Schell, P.C. (E.D. Pa., 3rd Cir.) (2013-2015).
  • Defense of payment services company in putative class action arising from merchant processing agreements. Class certification denied. Plaintiff’s individual claims dismissed for lack of subject matter jurisdiction. Spread Enterprises, Inc. v. First Data Merchant Services Corp. (E.D.N.Y.) (2011-2014).
  • Prosecution of claims for breach of contract and fraud on behalf of payment services company arising from marketing agreement. Secured stipulated final judgment and permanent injunction order before discovery. First Data Merchant Services Corp. v. America’s Choice Merchant Services, LLC (D. Mont.) (2014).
  • Defense of claim for breach of contract related to architectural and design services allegedly performed. Settled before discovery. Bennett Building, Inc. v. ARAMARK Sports and Entertainment Services, LLC (N.D. Ala.) (2012).
  • Defense of payment services company against claims for breach of contract and fraudulent inducement. Motion to dismiss granted and complaint dismissed. Austin Air Systems, Limited v. Banc of America Merchant Services, LLC (W.D.N.Y.) (2012).
  • Defense of national bank against claims for conversion, conspiracy and breach of fiduciary duty related to merchant processing account. Settled before discovery. Associated Investment Enterprises, Inc. v. Bank of America, N.A. (Oakland County, MI) (2012).
  • On behalf of a global pharmaceutical company, successfully negotiated recovery of 100 percent of unpaid invoices (approximately $2 million) under manufacturing 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. Settled before arbitration. (ICDR) (2011).
  • Defense of payment services company against constitutional tort and defamation claims based upon statements allegedly made to the United States Secret Service. Secured summary judgment in client’s favor. Apelbaum v. First Data Corp. (E.D.N.Y.) (2008-2011).
  • Defense and prosecution of claims arising from the business combination between Merck & Co., Inc. and Schering-Plough Corp. and related to a “change of control” provision in a distribution agreement. Centocor Ortho Biotech, Inc. v. Schering-Plough Corp. (ICDR) (2009-2011).
  • Defense of claims premised upon a teaming agreement for the design, development and implementation of a Medicaid Management Information System. Settlement reached after three-week arbitration. Public Consulting Group, Inc. v. Unisys Corp. (AAA) (2009-2010).
  • On behalf of global pharmaceutical company, prosecuted claims under license and distribution agreement for access to second-generation technology and follow-on drug. Secured award for declaratory relief in favor of client after multi-week arbitration. Schering-Plough, Ltd. v. Centocor, Inc. (ICDR) (2005-2006).

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

  • Recognized by Chambers USA for Commercial Litigation in Pennsylvania (2010)*
  • Selected to the "Super Lawyers" list for Business Litigation in Pennsylvania (2013-2017)*
  • Selected to the "Super Lawyers - Rising Stars" list for Business Litigation in Pennsylvania (2006-2008, 2010, 2011)*

*Awards Methodology