David is an associate with the Litigation Department, concentrating in complex insurance coverage litigation and business litigation. David has counseled and represented domestic and international insurers in a variety of insurance coverage disputes involving primary and excess liability policies, as well as first party property policies. Presently, David concentrates his representation of insurance industry clients in asbestos-related matters, including litigating declaratory judgment actions, representing insurers in asbestos-related bankruptcies, and negotiating coverage in place agreements and comprehensive buy-back settlements. Many of the cases that David handles involve exposure upwards of $100 million. In addition to representing insurers in asbestos-related coverage matters, David provides counseling to entities with asbestos-related liabilities and has a proven track record in managing and minimizing exposure associated with such liabilities.
David has also counseled and represented insurance industry clients in coverage matters involving environmental pollution claims, products liability claims, and intellectual property and business tort claims. David has considerable background with advertising injury and personal injury coverage, and he authored the chapter on personal and advertising liability insurance for an upcoming handbook on business insurance.
In addition to representing and counseling insurers on insurance and insurance coverage issues, David actively represents businesses and individuals in a range of business-related maters, including antitrust, breach of contract and breach of warranty, employment, fraud, products liability, and class action defense.
Matters that David has handled include:
- He was lead counsel for a waste hauler in a multi-million dollar breach of contract action filed by a waste-to-energy facility in Cook County, Illinois.
- David was retained late in the litigation and immediately filed counterclaims for breach of contract and fraudulent misrepresentation. After defeating challenges to the counterclaims and aggressively defending against the allegations made against his client, David negotiated a release of all claims brought against his client and obtained a monetary settlement in satisfaction of his client’s counterclaims.
- He successfully defended an office equipment dealer against a motion for a temporary restraining order and request for preliminary injunctive relief under the Illinois Antitrust Act and Illinois Trade Secrets Act, and later achieved a dismissal with prejudice of all claims on the merits.
He was lead counsel for an office equipment distributor and obtained summary judgment against third-party claims of breach of express warranty and implied contractual indemnity in Sangamon County, Illinois.
- He represented two aggrieved employees of a fortune 100 company in their claims of disparate treatment and disparate impact under Title VII of the Civil Rights Act, including defeating the company’s motion for summary judgment and negotiating a monetary settlement and reinstatement of one employee after five years of litigation.
- He represented a group of overseas insurers in a multi-phased asbestos coverage trial in New Jersey. David was a lead associate on the trial team which obtained several favorable rulings and findings in favor of his clients including allocation, availability of insurance coverage, burden of proof, and limits of liability resulting from extensions of the policy periods. Collectively, these rulings resulted in savings of more than $70 million to his clients.
- He was lead associate representing a leading U.S. automobile insurer in a proposed class action pending in St. Clair County, Illinois. Plaintiffs sought recovery for the diminution in value of their automobiles following repair of collision damage, as well as class certification. As the lead associate on the defense team, David was involved in all aspects of case strategy from development to execution. He was responsible for drafting all motions and legal memoranda, which ultimately resulted in a rare summary judgment victory for his clients at the pleading stage and in advance of class certification.
- He has represented foreign nationals seeking political asylum before the Executive Office of Immigration Review. In August of 2004, David obtained asylum on behalf of a Peruvian national in removal proceedings.
Publications
- “Personal and Advertising Injury Insurance,” Commercial Insurance for the Twenty First Century.
- “Brownsfields Voluntary Cleanup Programs: New Opportunities for Redeveloping Contaminated Industrial and Commercial Property,” Adhesives & Sealants Industry Magazine.
- "Are You Liable?” Hazardous Cargo Bulletin.
- “Intermediate Landowner Liability Under CERCLA: Are You Liable For Cleanup Costs Even If You Did Not Actively Dispose of Hazardous Substances?” Adhesives & Sealants Industry Magazine.
- University of Wisconsin, B.S., 1992
- Chicago-Kent College of Law, J.D., 1998, with honors, American Jurisprudence Award in Environmental Law & Policy
- U.S. District Court, N.D. Illinois, 1998
- U.S. District Court, C.D. Illinois, 1999