David I. Greenberger
david@baileyduquette.com
T.: +1 212.658.1946 Ext. 204
M.: +1 646.633.2987
New York
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. He represents both plaintiffs and defendants — employees and employers — a dual perspective that has made him a sharper advocate and a more effective advisor for all of his clients, on both sides of the table.
The individuals and entities David has represented over the course of his career come from a wide variety of industries, including financial services, hedge funds, private equity, consulting, healthcare, pharmaceutical, technology, marketing, fashion, beauty, and real estate.
David regularly litigates in federal and state trial and appellate courts, as well as in arbitration and regulatory forums. Over the course of his career, he has represented clients in seven trials that have reached conclusion and a substantial number of arbitrations. David has won jury verdicts and arbitration awards securing millions of dollars for his clients, and has also successfully defended claims brought against them. He has secured decisive wins on summary judgment and other important motions, and has a strong record of favorable outcomes for clients who have trusted him with their most difficult disputes. Whenever possible, David strives to negotiate favorable resolutions — directly and through mediation — in a manner that best serves his clients' interests.
David's proven track record as an appellate advocate includes serving as lead appellate attorney in more than sixteen matters. This experience includes oral arguments in the federal and state appellate courts and before the NYSE, as well as briefing in the U.S. Supreme Court and before the SEC.
David's litigation work has been covered by numerous business and legal publications and news outlets, including The Wall Street Journal, ABC News, Newsweek, The New York Post, The New York Law Journal, Law360, and The Palm Beach Post.
On the counseling side, David guides individuals through some of the most consequential moments of their professional lives — starting new jobs, leaving others, launching and exiting ventures, and navigating restrictive covenant obligations and internal investigations. He also advises businesses on workforce decisions, post-employment obligations, and the drafting, negotiation, and application of agreements and handbooks that protect their interests. David additionally counsels clients on regulatory matters in the financial services industry. Whatever the situation, his goal is always the same: practical, focused guidance when it matters most.
Representative matters David works on include:
All forms of compensation and employment matters
Restrictive covenants (non-compete, non-solicit, and confidentiality)
Discrimination, retaliation, whistleblower, and wrongful termination claims
Breach of contract claims
Unfair competition and trade secret misappropriation, including claims under the Defend Trade Secrets Act
Defamation, tortious interference, breach of fiduciary duty, and related tort claims
Internal investigations
Investor fraud and mismanagement claims
Regulatory inquiries and enforcement actions
Indemnification claims
Deceptive trade practices
Separate from his practice as an advocate, David serves as an arbitrator. He is an appointed member of the American Arbitration Association (AAA) Roster of Arbitrators (Commercial and Employment), one of the world's leading alternative dispute resolution organizations.
David also believes in giving back — he is a member of the Georgetown Law New York Regional Engagement Council and has devoted significant time to pro bono representation, including through the Southern District of New York's Pro Bono Program. David has been recognized by his peers as a New York Metropolitan Area Super Lawyer (2013–2022, 2024–2025).
Education
Georgetown University Law Center (J.D.)
Cornell University (B.S.)
Bar Admission
United States Supreme Court
U.S. Court of Appeals, Second Circuit
U.S. District Court, Southern District of New York
U.S. District Court, Eastern District of New York
U.S. District Court, District of Columbia
New York
District of Columbia (current status: inactive)
Publications
"Does The Federal Arbitration Act Preempt State Laws Banning The Mandatory Arbitration Of Sexual Harassment Claims?", Nov 2018, Dispute Resolution Journal (Vol: 73, No: 3)
"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)
Speaking Engagements
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.”
Client Alerts
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
