DAVID G. TRACHTENBERG, Partner
During more than 30 years in the law, David's practice has included all aspects of dispute resolution, including federal and state trial court and appellate work, arbitration, mediation, and advisory work respecting how to avoid litigation and how to resolve business conflicts on favorable commercial terms. David has also advised numerous clients regarding their corporate and commercial matters. In addition, he has served as the general counsel of a filament yarn distribution company, a role in which he gained a client’s perspective on the management of numerous business, financial and legal problems, successfully lobbied Congress for changes in the tariff laws, and had frontline responsibility for the financial, operational and legal aspects of a large overseas start-up industrial venture.
Litigation Practice Areas
- Shareholder, Partner and Limited Liability Company Member Disputes
- Contracts
- Investments
- Securities and Securities Fraud
- Real Estate
- Insurance Coverage
- Employment Law
- Restrictive Covenants
- Banking
- Healthcare
- Life Settlements
- Technology
- Textiles
Selected Significant Matters
- Represented high-tech medical start-up company developing a new scanning device for detection of early-stage breast cancer and its chairman in 1) defense of claims of securities fraud in multi-plaintiff action in federal district court in Austin, Texas; 2) accompanying SEC investigation; and 3) New Jersey Superior Court action against directors and officers liability carrier which initially refused to provide coverage but which ultimately financed the overwhelming majority of all defense and settlement costs.
- Represented major money market fund in "breaking the buck" litigation in Southern District of New York initiated by major banks. Banks sought to remand common law claims which had been removed to federal court on the grounds that they involved the interpretation of the federal Investment Company Act of 1940. Action involved hundreds of millions of dollars arising out of failure of the money market fund in the wake of the collapse of Lehman Brothers.
- Represented life settlements company in Southern District of New York actions against hedge fund for breach of contract and in hedge fund’s Chapter 11 proceeding in United States Bankruptcy Court for the District of Delaware.
- Represented cooperative corporations owning luxury residential towers in claims asserted against former insurance broker for recovery of overcharges and damages.
- Represented offshore investment fund in defense of claims brought by Bear Stearns alleging breach of contract to sell trade claim.
- Represented real estate developer in New York Supreme Court Commercial Division action and in AAA arbitration proceeding in dispute with owner of retail space in developer's building arising out of tenancy in common and development agreement regarding mixed use residential and commercial building in New York City.
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- Represented publicly traded biomedical start-up company in connection with claims by creditors, SEC investigation and sale of controlling interest to new investors.
- Represented holders of judgment against insolvent company and bankrupt former principal in proceeding in Southern District of New York to recover directors and officers liability insurance policy proceeds from carrier as garnishee.
- Represented Israeli-based manufacturer of equipment for aircraft industry in connection with miscellaneous contract claims.
- Represented former chief executive officer of large national parking company in defense of claims initiated in American Arbitration Association alleging breach of non-complete agreement.
- Represented selling 50% partner in large medical services company providing Social Security disability, industrial medical and other examination services to government bodies.
- Represented minority partner in closely held health foods company in New York Supreme Court Commercial Division matter alleging oppression of minority shareholder and ensuing mediation resulting in the successful sale of his interest.
- Represented investment banker in defense of New York Supreme Court action asserting post-divorce claims of breach of contract by former spouse.
- Represented major European bank in claim arising out of failure to process large check deposited by bank customer.
- Represented photographer in the assertion of copyright claims for wrongful reproduction of her work.
- Represented advertising industry executive in connection with the negotiation of employment and severance agreements.
- Represented start-up company in the beverage industry.
- Represented vendor of concert-quality violins in connection with violin theft claim and miscellaneous other matters.
- Represented company providing computerized litigation monitoring services in connection with miscellaneous contractual and corporate matters.
- Represented company providing analytical and information processing services to a major Wall Street firm in connection with termination of multi-year contractual relationship.
- Represented hedge fund principal in claim initiated in Southern District of New York alleging breach of contract, securities fraud, common law fraud, breach of fiduciary duty and right to rescission arising out of investment in macroeconomic investment fund headquartered in Europe but organized under Cayman law.
- Represented estate of former chief executive of major metropolitan hospital in claims asserted in hospital's Chapter 11 proceeding in U.S. Bankruptcy Court alleging breach of employment and severance agreements.
- Represented Midwestern bank in claims arising out of alleged housing fraud.
- Represented music industry insider in negotiation of consulting and employment contracts.
- Represented lenders to start-up manufacturing company in breach of contract, breach of fiduciary duty, fraud, fraudulent inducement and fraudulent conveyance action in New York Supreme Court.
- Represented privately held securities trading firm in defense of New York Supreme Court action arising out former employee's wrongdoing in persuading employees of vendors met at a construction site to invest in a non-existent employee-only trading fund.
- Served as general counsel to distributor of man-made filament yarns to U.S. textile industry. Duties included effectuating introduction and passage of miscellaneous tariff legislation in U.S. Congress.
- Represented diversified media company defending against claims asserted by terminated staff member.
- Represented partner in privately held real estate business in action in Delaware Chancery Court alleging oppression of minority owner.
- Represented media industry insider in miscellaneous contract disputes in New York state and federal courts.
- Represented author in breach of contract action against publisher.
- Represented online music industry chief technology officer in American Arbitration Association matter alleging breach of consulting and employment agreements.
- Represented owner of 50% of company providing display services to national retailers in connection with unwinding of business relationship with long-time partner.
- Represented privately held investment banking firm in Southern District of New York action against former client for breach of fee agreement.
- Represented customer in claim against stockbroker alleging failure to supervise and unsuitability.
- Represented kidney dialysis company in New York Supreme Court action against nursing home for breach of contract.
- Represented owner of apartment in major New York City hotel in connection with claims against former partner in cooperative corporation investment company.
- Represented chief financial officer of prominent fashion accessories company in connection with claims arising out of employment contracts.
- Represented seller of property in Coney Island to developer in connection with disputes arising out of real estate contract.
- Represented textile industry trade association in connection with miscellaneous corporate matters and liquidation.
- Represented high-tech testing company providing services to textile and other industries in connection with miscellaneous corporate and structural matters.
- Represented prominent money fund manager asserting claims in New York Supreme Court arising out of wrongdoing by general contractor hired to renovate high-value residential New York City co-op apartment.
- Represented leading international gem sculptor in obtaining the dismissal of claims brought in New York Supreme Court by disgruntled former customer.
- Represented plaintiff in New York Supreme Court slip-and-fall case seeking damages for broken knee.
- Represented established bookseller in breach of contract action.
- Represented privately-held money management firm in defense of threatened claims alleging disability discrimination by association and breach of contract by employee placed on long-term leave.
- Represented Wall Street insider and minority shareholder in high-tech software development company which had developed new technology applicable to electronic trading in Southern District of New York action alleging minority shareholder oppression.
