David I. Greenberger is an experienced litigator and counselor devoted to providing personalized attention, focused strategies and vigorous advocacy. His practice focuses on employment, business tort, contractual, commercial and regulatory matters. The hundreds of individuals and entities he has represented over the course of his career come from a wide variety of industries, including: financial services, hedge fund, private equity, consulting, healthcare, technology, marketing, fashion, beauty and insurance.
David regularly litigates in the federal and state courts, securities industry and non-securities industry arbitrations, and regulatory forums. Representative matters include:
- Compensation and employment disputes, including wrongful termination;
- Defamation, tortious interference, breach of fiduciary duty and similar tort claims;
- Breach of contract claims;
- Unfair competition and theft of trade secret allegations including under the Defend Trade Secrets Act;
- Restrictive covenants (non-compete, non-solicit and confidentiality covenants);
- Investor fraud and mismanagement claims;
- Discrimination and retaliation claims;
- Whistleblower claims;
- Regulatory inquiries, enforcement actions, and internal investigations;
- Indemnification claims;
- Copyright infringement; and
- Deceptive trade practices and false advertising.
Among other successes, David was lead trial counsel in an arbitration in which the tribunal granted a seven figure award to David’s client on a tortious interference with business relationship claim.
David also has a proven track record as an appellate advocate. He has served as the lead appellate attorney in more than a dozen matters. This experience specifically includes numerous oral arguments in the United States Court of Appeals for the Second Circuit and the Appellate Division, First Judicial Department, and oral argument before the NYSE Regulations, Inc. Board of Directors; as well as briefing in the Supreme Court of the United States and the Securities and Exchange Commission.
Understanding that not every case is tried to conclusion, David strives to negotiate favorable resolutions of matters, directly and through mediation, whenever possible.
Outside of litigation, David assists clients with various commercial contracts, employment agreements, separation agreements, confidentiality agreements and restrictive covenants. He also counsels clients on regulatory issues in the financial services industry.
Separate and apart from David’s practice as an advocate, he also serves as an arbitrator. David is an appointed member of the American Arbitration Association (“AAA”) Roster of Arbitrators (Commercial and Employment
). The AAA is one of the world’s leading organizations in the field of alternative dispute resolution.
David has been voted by his peers as one of the New York Metropolitan Area’s Super Lawyers in 2013, 2014, 2015, 2016, 2017 and 2018.
Prior to joining Bailey Duquette, P.C. as a partner in 2016, David was a partner at another New York City law firm, where he worked for 16 years (11 as a partner). While at that firm, David served as its lead appellate attorney, and hiring partner.
Georgetown University Law Center (J.D.)
Cornell University (B.S.)
New York State Bar
District of Columbia Bar (current status: inactive)
Supreme Court of the United States
United States Court of Appeals for the Second Circuit
United States District Court for the Southern District of New York
United States District Court for the Eastern District of New York
"How Hedge Fund Managers Can Protect Trade Secrets by Providing DTSA-Compliant Notice", Oct 6, 2016, The Hedge Fund Law Report
Note: “An Overview of the Ethical Implications of the Classified Information Procedures Act”, 12 Geo. J. Legal Ethics 151 (1998)
Employment Law Alert: October 9, 2018 Is The Deadline For New York State Employers To Adopt Policies Prohibiting Sexual Harassment And To Adopt Annual Sexual Harassment Training; New York City Deadlines Are Also Approaching
Panelist, New York State Bar Association Program “Securities Arbitration And Mediation 2014.”
Guest Lecturer, New York Practice Course, Benjamin N. Cardozo School of Law (April 25, 2012).
Panelist, New York State Bar Association Program “Securities Arbitration And Mediation 2009 – The New World.”
Panelist, National Employment Lawyers Association Program “Conference on Representing Employees – Fall 2009.”