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. 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 trial and appellate courts, as well as in various arbitration and regulatory forums.

Among other litigation successes, David has won jury verdicts and arbitration awards for his clients in the millions of dollars.

Representative matters that David litigates 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. 

David’s proven track record as an appellate advocate includes serving as the lead appellate attorney in more than a dozen matters. This experience specifically includes numerous oral arguments in the federal and state appellate courts, as well as before the NYSE; and briefing in the U.S. Supreme Court and the SEC. 

David’s litigation work has been covered by numerous business and legal news services, including ABC News, The Wall Street Journal, The New York Post, The New York Law Journal, Law360, Newsweek, and The Palm Beach Post. 

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, 2018, 2019 and 2020.

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