Mark David represents companies in their most difficult and complex cases. He has handled cases involving privacy and data breaches, securities claims, federal transportation law, RICO, the Alien Tort Statute, the Foreign Sovereign Immunities Act, and various states’ deceptive practices statutes. Mark David also has considerable experience representing companies and individuals in investigations—both regulatory and internal. His investigations have included those conducted by the U.S. Securities and Exchange Commission, state attorneys general, as well as companies’ audit committees.
Mark David has an active pro bono practice, particularly focused on immigration rights. He has helped two refugees obtain asylum in the US, won a Second Circuit appeal saving an immigrant from removal proceedings, and submitted amicus briefs to federal appeals courts (including the Supreme Court) on behalf of immigrant rights’ groups in several high-profile cases.
Target Data Breach Class Action Litigation.Represents Target in multi-district consumer class action litigation stemming from the data security breach Target announced in 2013.
PPL EnergyPlus v. Nazarian (D. Md. 2013) and PPL EnergyPlus v. Solomon (D. N.J. 2013).Won two trial victories for PPL Corporation in federal court preemption challenges to the constitutionality of state energy regulatory programs.
In re South African Apartheid Litig.No. 02 MDL 1499 (SAS) (S.D.N.Y.). Won dismissal of Fujitsu Ltd. from litigation asserting claims under Alien Tort Statute against more than 80 multi-national companies.
In re Merrill Lynch Auction Rate Securities Litig.2011 WL 536437 (S.D.N.Y. Feb. 9, 2011). Won dismissal of McGraw-Hill Companies, Inc. from case challenging Standard & Poor’s ratings of auction rate securities.
Licci v. American Express Bank, affirmed Licci ex rel. Licci v. Lebanese Canadian Bank, SAL704 F. Supp. 2d 403 (S.D.N.Y. 2010), 10-1306-CV, 2012 WL 688529 (2d Cir. Mar. 5, 2012). Won dismissal of claims against bank alleged to have aided and abetted Hezbollah by processing wire transfers from respondent bank in Lebanon.
Estate of Ungar v. The Palestinian Pension Fund for the State Administrative Employees of the Gaza Strip (N.Y. Supreme Court, New York County, Index. No. 102101/06). Successfully preserved all of Pension Fund’s NY-based assets from plaintiffs’ efforts to seize assets in satisfaction of judgment against the Palestinian Authority.
In re EVIC Class Action Litig. 2002 WL 1766554 (S.D.N.Y. July 31, 2002). Favorable settlement for common carrier in class action challenging carrier’s “excess value insurance coverage” program offered as part of package delivery services.
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