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Overview

David frequently defends companies and their directors and officers against securities fraud class actions and shareholder derivative actions. He also represents companies and individuals in connection with SEC investigations and enforcement actions.

David has extensive experience defending clients across the entire spectrum of ERISA litigation, including breach of fiduciary duty, prohibited transaction, stock drop, employee stock ownership plan (ESOP), and 401(k) plan fee litigation. He has significant experience advising clients with respect to a wide variety of ESOP issues, including ESOP transactions. David also advises plan sponsors and fiduciaries regarding litigation risk associated with managing plan assets and monitoring plan investments. 

In addition to traditional litigation, David helps clients identify key risk areas within their business as well as develop solutions to navigate and address them.

Beyond his primary areas of litigation expertise, David represents clients in a wide variety of complex business litigation matters, including insurance recovery, employee benefits, breach of fiduciary duty, employment and probate litigation, as well as business, commercial, corporate and contract disputes.

Honors & Recognitions

  • Benchmark Litigation's “40 & Under Hot List," ERISA, General Commercial and Securities Litigation (2018-2020)
  • The Best Lawyers in America©, Commercial Litigation (2021)
  • Cincy Magazine, "Cincy Leading Lawyers," Civil Litigation (2018-2020)
  • Ohio Super Lawyers, Ohio Rising Stars (2013-2020)

Education

J.D., William & Mary Law School, Benjamin Rush Scholar: Excellence in Health Law and Bioethics, 2008

B.S.B.A. in Finance, summa cum laude, Auburn University, 2004

Experience

Experience

David represented Fifth Third Bancorp in the first ERISA stock drop case to reach the Supreme Court of the United States. In the landmark decision, Fifth Third Bancorp v. Dudenhoeffer, the Supreme Court unanimously ruled in favor of Fifth Third in establishing new and high pleading standards for evaluating claims for breach of the duty of prudence based on public and nonpublic information in relation to a plan’s investment in employer stock.

Professional & Community

Professional & Community

  • Pro Bono Partnership of Ohio's Grow PBPO Advisory Council, supporting the Board of Directors of the nonprofit organization that provides pro bono legal services to other nonprofit organizations
  • Oyler School A.P. Hampton Mentoring Program, Volunteer Mentor

News & Events

News

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Licensed In

  • Ohio

Court Admissions

  • U.S. District Court for the Southern District of Ohio
  • U.S. District Court for the Northern District of Ohio
  • U.S. Court of Appeals for the Sixth Circuit
  • U.S. Court of Appeals for the Seventh Circuit
  • U.S. Supreme Court
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