David G. Greene, Managing Partner of the New York Office, has a broad base of commercial litigation experience covering 25 years in practice. Mr. Greene has experience in complex commercial litigation and the arbitration of business disputes with a particular focus on federal and state class actions, multidistrict litigation in federal courts, intellectual property litigation, including patent infringement, trademark and copyright disputes, Lanham Act and false advertising claims as well as breach of contract and warranty actions, product liability class action defense, RICO and punitive damage claims and wrongful death claims arising in aircraft crash litigations. His litigation experience includes trial and appellate work, principally in the federal district courts and federal courts of appeal and both domestic and international arbitration under the American Arbitration Association (AAA), International Centre for Settlement of Investment Disputes (ICSID), and International Code Council (ICC) rules.
Education
- J.D., magna cum laude, New York Law School, 1983
- B.A., New York University, 1973
Bar Admissions
- Georgia, 1992
- New York, 1983
Admitted To Practice
- U.S. Supreme Court
- U.S. District Court for the Southern District of New York
- U.S. District Court for the Eastern District of New York
- U.S. District Court for the Northern District of Georgia
- U.S. Court of Appeals for the Eleventh Circuit
- U.S. Court of Appeals for the Second Circuit
Representative Experience
- Successfully defended generic pharmaceutical companies in a variety of Hatch Waxman Act and other patent infringement litigations and upheld those victories on appeal.
- Successfully prosecuted Lanham Act and false advertising claims in federal district court in Richmond, Virginia for an infant formula manufacturer, securing a temporary restraining order, spoliation of evidence sanctions and a significant settlement for the client at trial.
- Secured the dismissal with prejudice of two parallel patent infringement claims in the Southern District of New York asserted against our client, a Canadian generic pharmaceutical manufacturer.
- Through aggressive discovery and motion practice, secured summary dismissal with prejudice of Lanham Act and trademark infringement claims seeking treble damages for willful infringement asserted against our client, an infant formula manufacturer in the US District Court in Louisville, Kentucky.
- Secured dismissal of claims in a putative class action brought on behalf of employees of Lockheed and their families alleging beryllium sensitization through exposure to beryllium dust including the dismissal of class allegations and claims for medical monitoring and fear of increased risk of illness and upheld those dismissals on appeal before the 11th Circuit Court of Appeals.
- Secured the dismissal of RICO, anti-trust, fraud and breach of contract claims asserted by disgruntled joint venturers against a manufacturer of active pharmaceutical ingredients before trial in the Southern District of New York and then subsequently settled all the remaining claims through negotiation and drafting of mutually beneficial product supply agreements between the plaintiffs and the defendant generic pharmaceutical manufacturer.
- Aggressively defended a life settlement services provider in an international arbitration in Bermuda, resulting in a renegotiation and extension of a master servicing agreement between the life settlement services provider and its investor customers which ultimately resolved all claims asserted by both parties in the arbitration while allowing the parties to remain in their profitable business relationship.
- Defeated class certifications in a number of federal and state class actions alleging consumer credit fraud and violations of the federal Truth In Lending Act and various state deceptive and false trade practices and consumer protection acts for a national furniture retailer, securing the dismissal of those actions.
- Negotiating and securing the court approval of a conditional class certifications (for settlement purposes only) of a consensual national class resolving all claims nationwide against the retailer and resulting in the dismissal with prejudice of the actions, then secured the defeat of challenges to the fairness of the settlements on appeal in the 11th Circuit then oversaw the administration and successful conclusion of the settlement under court supervision.
- Secured a 23 million dollar arbitration award for a British construction company against instrumentalities of the Nigerian government arising from the non payment of various stop work and change orders issued by the instrumentalities in connection with the construction of a hydroelectric dam project in Lagos, Nigeria. Successfully prosecuted the client’s claims in a 38 day arbitration in Kista, Sweden, then secured recognition and enforcement of the award in the United States.
- Defended the manufacturer of an aircraft engine from the wrongful death claims of the estates of two pilots who died in a plane crash shortly after takeoff in Atlanta, Georgia. Pursued aggressive discovery and motion practice, securing the rejection of the plaintiffs’ expert medical and technical witnesses on Daubert and Rule 26 grounds, then negotiated a de minimus settlement for the manufacturer and its insurer.
- Multiple representations of insurers and their insureds in matters including securities, fraud, coverage and bad faith claims, Resource Conservation & Recovery Act (RCRA), CERCLA and state environmental statutes as well as investigations, including responding to civil investigative demands and subpoenas by regulators and state and federal agencies.
Professional History
Professional Affiliations & Achievements
- Member, New York State Bar Association
- Member, State Bar of Georgia
- Member, Chartered Institute of Arbitrators
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