David is a partner in the Litigation Practice and the Securities & Commodities Service Group. He has more than 14 years of experience working and representing clients in the financial services and securities industries in litigation, arbitration, enforcement proceedings and investigations, as well as counseling clients on compliance matters. He has represented a variety of institutions in the securities and commodities futures markets, including broker-dealers, clearing firms, hedge funds, commodity pools, public companies and their committees, directors, officers and other senior managers.
Throughout his career, David has been involved in numerous federal and state trial and appellate matters, administrative proceedings, and investigations involving the SEC, CFTC, and SROs in addition to private plaintiffs involving allegations of:
Short squeezes, cornering and other fraudulent or manipulative conduct in the securities and commodity futures markets
Insider trading
Invalid initial public offerings, registration statements, prospectuses and private placements
Selling unregistered securities
Misuse of employee stock plans
Failure to execute trades consistent with investment strategy and standing instructions
Failure to supervise outside business activities and selling away
Violation of MSRB political contribution rules
Excessive markups and markdowns
Misappropriation of corporate assets and related party transactions, among other allegations
He has also successfully litigated a wide range of complex commercial matters in federal and state courts as well as in arbitration in matters involving:
Hedge fund governance, redemption and lockup provisions
Partnership disputes including freeze outs, accountings, and breach of fiduciary duty claims
Employment disputes including misappropriation of trade secrets, violation of restrictive covenants, and tortious interference with business agreements and expectancies;
Reinsurance treaties and brokerage disputes
Easement disputes
Challenges by beneficiaries to trust administration, among other issues
Additionally, David understands and routinely counsels clients with regard to cutting edge regulatory and risk management issues affecting their businesses, including:
Implementing adequate internal controls
Supervisory systems and compliance procedures
Responding to surprise regulatory audits and inspections
Assessing and upgrading electronic document management systems
Training and compliance with respect to regulations concerning Anti-Money Laundering, the Office of Foreign Assets Control, and the Foreign Corrupt Practices Act, among other matters
David has authored articles and spoken on Regulation SHO, outsourcing, anti-money Laundering and OFAC requirements, gifts and entertainment rules and practices, and regulatory audits and inspections.
David's background includes work at the U.S. Securities & Exchange Commission Division of Enforcement in New York as a staff attorney, and he also worked for regional counsel of NASD Regulation in Chicago and in New Orleans as a law clerk. Prior to joining the firm, David worked at Gardner Carton & Douglas, LLP in Chicago.
Events and Presentations
Workshop, “Anti-Money Laundering and OFAC: An Enterprise Wide Approach,” Annual Compliance Seminar, October 2006
Speaker, “Outsourcing” and “Gifts and Entertainment Rules” before the National Society of Compliance Professionals, Annual National Meeting, Washington, D.C., October 2006
Speaker, “Equity Indexed Annuities and NASD Oversight” before the Financial Planners Association, Chicago Conference, August 2006
Speaker, “BD Hot Buttons” and “Regulatory Audits” before the National Society of Compliance Professionals, Chicago Regional Conference, April 2006
Speaker, “New Branch Office Definition,” before the National Society of Compliance Professionals, Annual National Meeting, Washington, D.C., October 2005