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.
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.
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.
David has been named to Benchmark Litigation’s 2018-2019 “40 & Under Hot List,” a listing of the top litigation attorneys in the U.S. and Canada aged 40 or younger, as well as the 2018 Ohio Rising Stars List in Business Litigation by Super Lawyers. David was also named a “Cincy Leading Lawyer” by Cincinnati Magazine (2018).
Around the community David serves as a mentor in the Oyler School A.P. Hampton Mentoring Program. He also serves on the Grow PBPO Advisory Council, supporting the Board of Directors of Pro Bono Partnership of Ohio, a nonprofit organization that provides pro bono legal services to other nonprofit organizations.
- Securities Litigation
- Employee Benefits Litigation
- Business, Corporate and Commercial Litigation
- Appellate Proceedings Litigation
- Employee Stock Ownership Plans (ESOP)
- William & Mary Law School, J.D., 2008, Benjamin Rush Scholar: Excellence in Health Law and Bioethics
- Auburn University, B.S.B.A., Finance, summa cum laude, 2004
- State of Ohio
- U.S. District Court (Southern and Northern Districts of Ohio)
- U.S. Courts of Appeals for the Sixth and Seventh Circuits
- U.S. Supreme Court