David’s case experience has been in large, complex business and construction cases. His experience falls into several categories of disputes, as described below.

Securities, Corporate Control, Shareholder Disputes, Partnership Matters

David has advised business executives, directors and owners on issues relating to governance, control and disputes. He has defended individual officers and directors in shareholder derivative cases and has represented special committees of boards of directors in investigation of claims. These are some examples of disputes that have gone to trial, hearing or formal disposition:

• Simon DeBartolo Group v. Richard Jacobs Group Inc., et al. , 985 F.Supp. 427 (S.D.N.Y. 1997), affirmed in part and reversed in part, 186 F.3d 157 (2d Cir., 1999) (defense of securities claims arising out of proposed acquisition, disposition on motion)
• Chase v. Columbia National Corp. , 853 F.Supp. 106 (S.D.N.Y. 1994), affirmed, 52 F.3d 312 (2d Cir., 1995) (defense of Rule 10b-5 claims arising out of acquisition, disposition after trial on the merits)
• Flannery v. Eastgate Joint Venture, Ohio Court of Common Pleas (Clermont County) (defense of majority owner in claims brought by minority partner, disposition after completion of trial on the merits)
• Partnership arbitration, defending partner with controlling interest in claims brought by minority partner, alleging breach of fiduciary duty, misuse of partnership assets, etc., disposition after hearing on the merits
• Skeen v. JoAnn Stores, Inc., 750 A.2d 1170 (Delaware 2000) (defense of shareholder claims for disclosure of additional information from the corporation, disposition on motion)

Contract, Real Property and Lease Disputes, Uniform Commercial Code Matters

David has represented clients in matters relating to breaches of contract. These include a variety of claims, including sales of goods, negotiable instruments, real property sales and leases, claims for defective machinery, and service contracts. These are some examples of disputes that have gone to trial, hearing or formal disposition:

• Oglebay Norton Company v. Armco, 52 Ohio St.3d 232 (1990) (claim to enforce long-term contract for the shipment of iron ore on the Great Lakes, disposition after trial on the merits)
• First Union Real Estate Company v. Shapero, Ohio Court of Common Pleas (claim to force conveyance of office building in satisfaction of contract, disposition after trial on the merits)
• Commonwealth Petroleum Company v. Petrosol, United States District Court, N.D. Ohio (defense of claim arising out of loss of natural gas while in storage, disposition after trial on the merits)
• Medical Consultants Imaging v. Siemens Medical Systems, United States District Court N.D. Ohio (defense of manufacturer of mobile MRI systems, disposition after jury trial on the merits)

Federal Tax Litigation

David has represented businesses in tax disputes with the United States government. These are examples of matters that have gone to trial or formal disposition:

• Griffin Industries v. United States, United States Court of Federal Claims, affirmed, 11 F.3d 1072 (Fed. Cir. 1993) (prosecution of taxpayers claim for refund as a result of disallowed recycling credit, disposition after trial on the merits)
• Buckeye Power v. United States, United States Court of Federal Claims (prosecution of taxpayers claim for refund arising out of dispute on taxation of cooperative organizations, disposition on motion)
• AWG Leasing Trust, et al., v. United States, United States District Court, Northern District of Ohio (prosecution of taxpayers claims for refund relating to deductions claimed in leasing transaction, disposition after trial on the merits)

Construction Disputes

David has represented owners, developers, contractors and design professionals in disputes relating to the development and construction of major commercial projects. Most of these matters have been litigated in arbitration proceedings. These are some examples of matters that have gone to final decision:

• T Cell Sciences, Inc. v. Forest City, Massachusetts Superior Court (Middlesex County) (defense of building developer/owner against claims by lead tenant that the building was uninhabitable because of air contamination, disposition after trial on the merits)
• Representation of developer/owner of high rise office building in Brooklyn, New York against claims by major investment bank that developer failed to construct technology floors to specifications, disposition after arbitration
• Representation of developer against architect and engineers on claims that designers over-designed steel structure; disposition after arbitration
• Representation of developer against claims for extra compensation by steel fabricator and installer on high-rise office/hotel building, disposition after arbitration
• Representation of developer against roofing contractor for claim of defective installation of roof on high-rise office/hotel building, disposition after trial.
• Representation of property owner against demolition contractor in claims the contractor failed to perform its contract to demolish and remove factory building
• Representation of developer against architect and engineer on claims of defective design of HVAC system for large regional shopping mall

Accountants, Auditors and Professional Liability

David has represented accountants, auditors and consultants in a variety of disputes. He has counseled auditors on responsibilities to clients and represented national and regional audit firms in malpractice claims. One claim, settled after the jury entered the courtroom, involved a claim against a national auditing firm for damages in excess of one half billion dollars. These are some examples of disputes that have gone to trial, hearing or formal disposition:

• American National Bank v. Touche Ross, Ohio Court of Common Pleas (defense of audit firm on malpractice claims relating to audit of banks financial statements, disposition after jury trial on the merits)
• Chatry v. Bick-Fredman and Company, Ohio Court of Common Pleas (defense of audit firm on claim of defamation arising out of auditors discovery and report of fraud engaged by company officer, disposition after jury trial)