David E. Ross's practice focuses on real estate litigation – including representation of developers, banks, and investors in partnership disputes, lender liability, personal guarantee claims, foreclosures, and condemnation – and complex commercial litigation throughout the nation in matters involving business torts, unfair competition, corporate and partnership dissolution, class actions, environmental and toxic tort litigation, accountants' liability, securities fraud, and insurance litigation.
Work Highlights
- Defense of multi-national chemical manufacturer in federal fraud suit seeking more than $1 billion arising from sale of a business unit allegedly engaged in criminal antitrust violations.
- Defense of multi-billion dollar partnership valuation, management and fiduciary duty claims in connection with New York City’s largest portfolio of rent stabilized properties.
- Developer Ben Ashkenazy in numerous multi-billion dollar real estate litigations involving partnership disputes, lender liability, personal guarantee claims, foreclosure litigation, and the condemnation by Amtrak of Union Station in Washington, D.C
- A multi-billion dollar national private real estate venture pursuing claims of fraud, theft, and self-dealing against local real estate partner
- Defense of major natural gas transportation company in civil suit seeking $100 million in damages arising from soil contamination of New England community allegedly resulting from burial of manufactured gas plant waste in the early 1900s.
- Prosecution of $160 million mortgage foreclosure of Miami hotel complex on behalf of senior lender, and related federal suits.
- Prosecution of hundreds of millions of dollars in claims arising from real estate disputes concerning construction claims, partnership disputes, buy-sell clauses, valuations, and dissolutions.
- Obtained reversal – as unconstitutional – of the condemnation by New York Power Authority of major commercial landlord’s property to be used for construction and operation of gas turbine plant.
- Prosecution of $250 million fraudulent conveyance claim on behalf of creditors’ committee challenging leveraged buyout of national home improvement chain.
- Prosecution of $150 million fraud claim against promoter of oil and gas drilling ventures.
- In connection with federal criminal prosecution for storage of mercury without required permit, defense of utility at trial and ensuing appeals to the First Circuit Court of Appeals and the United States Supreme Court (Southern Union Company v. U.S., 11-94).
- Prosecution of trade secrets misappropriation claims in arbitration and civil suits by sovereign Indian Nation against casino executives and contractors.
- Prosecution in Bankruptcy Court of challenges by bondholders and creditors’ committees to settlements and reorganization plans.
- Defense of Port Authority of New York and New Jersey in five-week trial concerning liability for 1993 terrorist bombing of the World Trade Center.
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