David Parker is a member of the firm's Litigation, Risk Management and Arbitration practice and has a broad range of litigation experience in commercial matters, including contract disputes, securities, tax, executive employment, covenants not-to-compete and intellectual property issues, with a specialty in complex financial instruments. David handles many diverse and complex issues on behalf of hedge funds, both at the litigation and pre-litigation stages. He has significant experience in representing clients with respect to regulatory investigations, including responding to subpoenas and preparing clients for testimony.
David's services to hedge fund clients include:
• Enforcing investors' rights when issuers refuse to convert debentures or preferred stock into common stock, to redeem those securities or otherwise to comply with their obligations.
• Maximizing creditors', bondholders' or preferred stockholders' claims in bankruptcy proceedings.
• Pursuing and defending claims arising in the context of corporate control contests.
• Defending against actions on behalf of issuers seeking to recover from hedge funds claimed "short swing" profits in connection with Private Investment in Public Entity (PIPE) transactions.
• Responding to SEC or other regulatory subpoenas and investigations and preparing clients for their testimony, including with respect to CDOs.
• Defending a hedge fund against claims for fees by a marketer.
• Enforcing a fund’s right to make certain information public so that the fund could trade in the related securities.
• Enforcing a fund’s right to complete a trade in which the counterparty was not performing.
David also handles general commercial matters, including litigation arising from the purchases and sales of businesses and alleged breaches of confidentiality and non-disparagement agreements.
David's Bankruptcy and Workout experience includes:
• Representing investment funds, including with respect to transactions in which these entities invest in distressed securities and other special situations.
• Representing investment funds which took sizable positions in the debt of companies such as Owens Corning and Enron.
• Acting as court-appointed receiver for a commercial Manhattan office building.
• Representing avoidance action defendants in the Madoff, Tronox, Lyondell and Tribune bankruptcy proceedings.
David was named a New York Super Lawyer in 2007, 2008, 2009, 2010, 2011, and 2012, and was listed in the 2010 Corporate Counsel national edition of Super Lawyers as one of the top attorneys in business litigation.
BAR ADMISSION:
1974, New York
1974, U.S. District Court, Southern and Eastern Districts of NY
1975, U.S. Court of Appeals, Second Circuit
1985, U.S. Tax Court
1991, U.S. Claims Court and U.S. Court of Appeals, Federal Circuit
2012, Supreme Court of the United States
EDUCATION:
Yale University (J.D., 1973)
Brown University (A.B., cum laude, 1969) Phi Beta Kappa
CHARITABLE WORK:
• Legal Services NYC, Director, 1983-2010
• Park Avenue Synagogue, Trustee and Officer, 1991-2003, Honorary Trustee and Honorary Vice President, 2003–Present
• Horace Mann School, Trustee, 2001–2010
• The New York City Justice Project, Director, 2006–2011
• Brown/RISD Hillel Foundation, Trustee, 2008–2012
MEMBER:
New York City Bar Association
VISITING/GUEST LECTURER:
• "Legal Arbitrage – Unlocking Value and Practical Aspects of Hedge Fund Litigation." Marvin A. Chirelstein Colloquium on Contemporary Issues in Law and Business, Yale Law School Center for the Study of Corporate Law
• Hedge Fund Litigation, Northwestern University School of Law and University of Chicago Law School
• Law and Finance, William E. Simon School of Business, University of Rochester
