A K A B A S   &   S P R O U L E     ATTORNEYS AT LAW

 
D A V I D  E.  B A M B E R G E R
 
 
 
David E. Bamberger is an experienced and successful litigator, who represents both plaintiffs and defendants in his numerous areas of specialty.

Those areas of specialty include: litigation arising under commercial contracts; securities-related litigation and arbitration; malpractice claims, including legal and accounting malpractice; employment-related matters; litigation related to restrictive covenants in employment contracts; hedge fund matters; insurance disputes; and several public-figure and other defamation cases and trials.

As has been publicly reported, in recent years David has won a $2 million arbitration award for a New Jersey pediatrician, Noel Wiederhorn, and his wife (the case twice went to New York’s highest court, the Court of Appeals); a $7.0 million confirmed arbitration award for a New Jersey businessman; a $2.3 million arbitration award for an executive of a U.S. greeting card company; a $1.49 million arbitration award for an Israeli investor; a $1.5 million arbitration award for the family partnership of a retired NYC businessman and philanthropist; and a $1.5 million arbitration award for a NYC-based hotel operator.

David also represented an LLC investor in an American Arbitration Association arbitration involving a loss of more than $75 million on an investment of $100 million. See ERIP LLC v. Tavakoli, 2009 NY Slip Op 31750(U). After five days of hearings, David was able to obtain a settlement for his client. In the same case, David won an unusual but successful motion requiring the hedge fund to make an in-kind distribution of approximately $14 million in securities even before the case went to hearing.

David also represented American Committee for Shaare Zedek Hospital in Jerusalem in a $7 million avoidance action brought in U.S. Bankruptcy Court by the Trustee in the Madoff bankruptcy proceeding, and David has been heavily involved in other Madoff-related litigation. He is also pursuing numerous deserving claims for investors through the Department of Justice’s Madoff Victim Fund (MVF).

Recently, David also won the following cases and/or dispositive motions:
  • Zohlman v. Zoldan, 132 AD3d 568 (1st Dep't 10/22/15) -- obtained affirmance of judgment in CPLR 5225(b) turnover proceeding;
  • Telesco v. Neuman, 2015 WL 2330166 (SDNY 3/11/15) -- obtained dismissal of $1m+ fraud claim under Bridgestone/Firestone principles;
  • Merkin v. Berman, 130 AD3d 434 (1st Dep't 7/2/14) -- obtained reversal of defective lower-court ruling granting request for indemnification of arbitration expenses in an Article 75 proceeding;
  • Seldon v. Lembeck, 2014 NY Slip Op 30483(U) (Sup. Ct N Y Cnty 2/28/2014) -- obtained dismissal of claims against noted wine writer for libel and infliction of emotional distress;
  • Sapirstein-Stone-Weiss Foundation v. Merkin, 950 F.Supp.2d 621 (S.D.N.Y. 6/11/13) -- successfully resisted motion to dismiss claims for fraud and breach of fiduciary duty, invoking tolling under American Pipe.
David graduated from Brandeis University in 1979, magna cum laude and Phi Beta Kappa, and from Harvard Law School in 1982.

At the beginning of his career, David worked for two major law firms in New York, Simpson Thacher and Skadden Arps.

David was also general counsel of two significant public companies, TPI Enterprises, Inc. and Inamed Corporation, and a senior counsel at MacAndrews and Forbes Holdings, Inc. and at Merrill Lynch.

While at Merrill Lynch, David obtained more than 25 zero arbitration awards for his client.

While with Inamed, David was featured in a full-page profile in the National Law Journal. It appeared in the April 16, 2001 issue.

While with TPI Enterprises, David, with the assistance of Skadden Arps, settled a case with a U.S. subsidiary of Siemens AG, for a payment of $43 million to TPI. David was quoted in the November 21, 1991 edition of The Wall Street Journal in connection with that victory.

In recent years, David has been quoted frequently in the New York Post, Thomson Reuters, Bloomberg, New York Law Journal, Law360, and The Wall Street Journal relating to his victories over Madoff colleague Ezra Merkin. See, e.g., Law360 May 3, 2012 (“Madoff Feeder Fund Can’t Shake $1.8M Judgment”); New York Post January 31, 2012 (“So Sorry, Merkin – Ordered to pay greeting card king $2.3M”). See also Forbes.com July 9, 2010 (“The Usual Wall Street Defenses Aren’t Working”) (reference to the successful Wiederhorn arbitration).

Earlier in his career, David successfully represented and argued in the Second Circuit for, among others, author Jackie Collins. See Jackie Collins Lerman v. Flynt Distributing Co., Inc., 789 F.2d 162 (2d Cir. 1986).

David is married to a much more talented lawyer who is as modest as he is immodest. They have two wonderful daughters.

Email: DBamberger@akabas-sproule.com
Phone: (212) 308-8505

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