Kenneth R. David’s practice focuses on complex litigation in state and federal actions, in arbitration, and in front of regulatory authorities. Ken represents private and public corporations, and individuals, including investment managers, corporate directors, investment banks, securities firms, insurance and reinsurance companies, payment card networks, technology firms, chemical companies, trade groups, and creditors. He handles a variety of securities, antitrust, corporate governance, defamation, fraudulent conveyance, credit-related, commercial, contract, restructuring, and reinsurance matters, and government investigations.
Ken has been recognized by The Legal 500, by Benchmark Litigation as a Litigation Star and by Lawdragon as a Leading Litigator in America and as a Leading Plaintiff Financial Lawyer for commercial litigation.
WORK HIGHLIGHTS
► MBIA in a decade-long put-back action against Credit Suisse in which MBIA sought to recover for breaches of representations and warranties related to RMBS insured by MBIA. After a two-week bench trial in New York State Supreme Court, the court found that MBIA had convincingly proved that Credit Suisse breached its representations and warranties, and that Credit Suisse was liable for over $600 million in damages.
► MBIA, one of the world’s largest monoline insurers, in litigation brought by 18 of the world’s largest banks seeking to overturn MBIA’s corporate restructuring which, with the approval of the New York Department of Insurance, established a separate company for MBIA’s municipal bond insurance business. After a several-week evidentiary proceeding, the New York Supreme Court upheld MBIA’s restructuring, and MBIA received $1.7 billion in cash and a $500 million line of credit for its municipal bond insurance business.
► Former CEO and Chairman of Phoenixus AG and Vyera Pharmaceuticals in unprecedented Sherman Act claims in an antitrust action brought by the FTC and seven state Attorneys General in the Southern District of New York.
► Pilgrim’s Pride, one of the nation’s largest chicken producers, in resolving criminal claims relating to the U.S. Department of Justice Antitrust Division’s high-profile investigation into alleged price fixing in the poultry industry.
► MDC Energy, an independent oil and gas E&P company, as debtors’ counsel in its Chapter 11 bankruptcy case, and related litigations.
► Former directors of Forest Oil Corporation in the Sabine Oil & Gas bankruptcy against fiduciary duty claims concerning the merger between Forest Oil and Sabine. We successfully obtained decision from the Bankruptcy Court, and, on appeal, the District Court, holding that the claims against our clients were entirely without merit.
► Patriot National in an action in federal court by two hedge funds concerning the sale of securities in a private investment in public equity (“PIPE”) transaction.
Updated Oct 2024
