David M. Max is a complex commercial litigator with a focus on securities and antitrust law, in matters before both federal and state courts. David has also worked on a variety of other litigation matters, covering contractual, employment, bankruptcy and professional malpractice issues, in sectors including the financial industry, cable television, pharmaceuticals, news media and energy.
- Teva Pharmaceuticals, and its U.S. subsidiary Actavis, in defense of antitrust actions commenced by the State Attorneys General for 48 states, 28 civil antitrust class actions and multiple direct actions, consolidated in an MDL in the Eastern District of Pennsylvania that alleges price-fixing of over 100 generic drugs.
- Loreley Financing, a group of investment companies, in analyzing and bringing claims against several major investment banks and other financial institutions concerning billions of dollars of collateralized debt obligations and other structured finance products.
- Comcast Corporation in antitrust class actions brought on behalf of three putative classes each comprising approximately two million consumers.
- The Royal Bank of Canada in successful litigation concerning the waterfall provisions of certain RMBS.
- Hudson Solar Cayman as creditor in a dispute seeking payment by a public company pursuant to a guaranty on notes with a principal amount of approximately $54 million.
- A group of retail investors against Humanigen, a biopharmaceutical company engaged in Phase III clinical studies of its proprietary compound Lenzilumab, in a dispute alleging breach of contract relating to participation in a PIPE transaction in Humanigen.
- Real estate developer Rotem Rosen in several lawsuits against and brought by his former business partner Alex Sapir. After Kasowitz defeated a motion to dismiss brought by Mr. Sapir in one lawsuit and, in a separate lawsuit, obtained the dismissal of misappropriation of trade secrets and other claims brought by Mr. Sapir, the cases settled.
- Byju’s, the world’s leading online education platform headquartered in India, in multiple disputes relating to a $1.2 billion term loan.