David Elsberg

Elsberg Baker & Maruri

Partner

1 Penn Plaza, Suite 4015
New York, New York
10119, United States

+1212.597.2602

Litigation Star

Top 100 Trial Lawyers

English


Practice area:

Commercial
Labor and employment
Securities


David Elsberg is a founding partner of Elsberg Baker & Maruri.

David is a “go-to” trial lawyer with decades of successful experience trying cases through final judgment or verdict, as well as domestic and international arbitration hearings through final award. David is ranked among the top trial lawyers in the United States by the leading legal industry rankings publications.

Chambers refers to David as “an amazing trial lawyer,” “an excellent cross-examiner,” “fabulously smart” and “fearless”—as well as “very creative, thoughtful and collaborative” and “an excellent litigator with a strong commercial sense.” Chambers notes David’s “impress[ive] … ability to communicate with the court very effectively” and de-scribes him as “strategic and understated, yet able to be as aggressive and effective a litigator as you will ever encounter.” Chambers also named David a “Leading Individual” in commercial litigation.

The Legal 500 ranked David (along with only five other lawyers) in Tier 1 for Commercial Disputes in its US Elite rankings for New York. The Legal 500 also recognized David as a Leading Trial Lawyer, and reports that David is a “superb,” “experienced”, “pro” who is “highly regarded for his trial practice.” The Legal 500 further reports that David “displays particular strength in financial litigation, including major bankruptcy and securities cases.” David has been named by The Legal 500 as a Leading Partner in General Commercial Dispute Resolution and a Leading Commercial Litigator.

Benchmark Litigation named David a “Top 100 Trial Lawyer” which is comprised of an “elite group of partners who have been venerated by peers and clients as being the best in breed at the nuanced practice of trial law.” Benchmark Litigation also named David a “Litigation Star,” describing him as a “master of thoroughness” with a “relentless approach.” Benchmark Litigation named Elsberg Baker & Maruri the Boutique Litigation Firm of the Year for 2025.

‍Law360 named David a Securities MVP, noting his “artful and measured cross-examination style.” Law360 also reports that clients describe David as “aggressive, passionate, and a first-rate thinker” whose “ability to read people and think numerous questions ahead is uncanny.”

The National Law Journal named David a “Plaintiffs’ Lawyer Trailblazer.”

Lawdragon named David one of the “500 Leading Lawyers in America,” “500 Leading Litigators in America” and “500 Leading Plaintiff Financial Lawyers.” Lawdragon also named David one of the “100 Managing Partners You Need to Know.”

The New York Law Journal honored David with its “Distinguished Leader” award for “great performance while demonstrating clear leadership skills leading to positive out-comes.”

Litigation Counsel of America named David as a Fellow in its Trial Law Honor Society comprised of less than one-half of one percent of American lawyers selected for effectiveness and accomplishment in litigation and trial work, along with ethical reputation.

Crain’s selected David as one of its Notable Litigators and Trial Attorneys. Crain’s also selected David as one of its Notable Leaders in Law.

David represents a wide variety of clients, including private equity, venture capital, and hedge funds and their portfolio companies. David represents clients in disputes in a range of areas including fiduciary duties, corporate governance, control contests, corporate-entity “divorces,” crisis management, financial services and products, energy, life sciences, bankruptcy and insolvency, fraudulent transfer, and breach of indentures and other complex contracts. David is a veteran litigator in New York federal and state courts and the Delaware Court of Chancery, and he has also handled many litigations in other U.S. jurisdictions as well as international arbitrations.


Updated Sep 2025

  • Won complete dismissal of all counts for Sol Goldman Investments, LLC (“SGI”) in a dispute over contractual put rights. The plaintiffs, who hold interests in SGI, sought to sell interests back to the company based on a valuation determined by a contractually mandated appraisal process. Unhappy with the $1.8 billion value ascribed to the company, the plaintiffs sued claiming SGI breached its own operating agreement. The Commercial Division granted SGI’s motion to dismiss, rejecting the plaintiffs’ argument that the company must be bound by its own operating agreement even though the company was not a signatory to it.

  • Won trial victory in New York federal court on behalf of U.S. Bank in an RMBS trustee putback action, which resulted in a recovery of $850 million, the largest recovery ever in such a case.
     
  • Won trial victory after a one-week trial in the Delaware Court of Chancery on behalf of Athilon Capital Corp. and its board of directors in Quadrant v. Vertin defeating breach of fiduciary duty, breach of contract, and fraudulent transfer claims which sought hundreds of millions of dollars in damages, as well as a court order that would have forced the client to liquidate its assets and close down the business entirely. The Court issued a post-trial decision that denied all the relief Quadrant requested and permitted Athilon to continue executing the long-term business strategy that Quadrant challenged at trial. The press described this trial victory as a “resounding win” in a “literal bet-the-company case” that set precedent concerning the test for insolvency under Delaware law and that was affirmed by the Delaware Supreme Court.

  • Won trial victory after a six-day trial in the Delaware Court of Chancery on behalf of Crestview Partners against billionaire William Koch, defeating fiduciary duty claims and enforcing Crestview’s contractual put and exit-sale rights in connection with Crestview’s investment in Oxbow Carbon.

  • Won trial victory in New York State court on behalf of American industrialist Len Blavatnik on his claims that JPMorgan violated its obligations under agreed-upon investment guidelines by misclassifying securities backed by risky subprime loans as “asset-backed” rather than “mortgage-backed” securities.

  • Appellate
  • Arbitration
  • Class action
  • Commercial
  • Commercial disputes
  • Dispute resolution
  • Labor and employment
  • Plaintiff

  • Financial services
  • Investment management
  • Pharmaceutical and life sciences
  • Real estate

  • J.D. - Harvard Law School - 1995
  • B.A. - Duke University - 1992

  • State Bar of New York - 1997
  • United States Court of Appeals: Second Circuit - 2013
  • United States Court of Appeals: First Circuit - 2016
  • United States District Court: Southern District of New York - 2003
  • United States District Court: Eastern District of New York - 2002