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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, as well as ERISA class actions and appellate litigation. He also advises plan sponsors and fiduciaries regarding litigation risk associated with investment and management of plan assets as well as monitoring plan investments. He has significant experience advising clients with respect to a wide variety of ESOP issues including ESOP transactions.

Beyond his primary areas of expertise, David represents clients in a wide range of complex litigation matters, including intellectual property, insurance recovery, employee benefits, breach of fiduciary duty, trade secrets, unfair competition, trademark, employment, and probate litigation, as well as business, commercial, corporate, and contract disputes.

Honors & Recognitions

Benchmark Litigation’s “40 & Under Hot List” recognized for ERISA, General Commercial and Securities Litigation; Benchmark Litigation publishes a listing of the top litigation attorneys in the U.S. and Canada aged 40 or younger, 2018-2019

Super Lawyers, Ohio Rising Stars, Business Litigation, 2018-2019

“Cincy Leading Lawyer” by Cincinnati Magazine, 2018

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

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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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