Kenneth R. David’s practice focuses on complex litigation in state and federal actions, in arbitration, and in front of regulatory authorities. Ken represents private and public corporations, and individuals, including investment managers, corporate directors, investment banks, securities firms, insurance and reinsurance companies, payment card networks, technology firms, chemical companies, trade groups, and creditors. He handles a variety of securities, antitrust, corporate governance, real estate, defamation, fraudulent conveyance, credit-related, commercial, contract, restructuring, insurance, reinsurance, and SPAC-related, matters, and government investigations.
Ken has been recognized by The Legal 500, by Benchmark Litigation as a Litigation Star and by Lawdragon as a Leading Litigator in America and as a Leading Plaintiff Financial Lawyer for commercial litigation.
Prior to joining Kasowitz, Ken clerked for the Honorable William H. Pauley III, U.S. District Court for the Southern District of New York.
Work Highlights
- MBIA, one of the world’s largest monoline insurers, in a decade-long put-back action against Credit Suisse in which MBIA sought to recover for breaches of representations and warranties related to RMBS insured by MBIA. After a two-week bench trial in New York State Supreme Court, the court found that MBIA had convincingly proved that Credit Suisse breached its representations and warranties, and that Credit Suisse was liable for over $600 million in damages.
- MBIA in litigation brought by 18 of the world’s largest banks seeking to overturn MBIA’s corporate restructuring which, with the approval of the New York Department of Insurance, established a separate company for MBIA’s municipal bond insurance business. After a several-week evidentiary proceeding, the New York Supreme Court upheld MBIA’s restructuring, and MBIA received $1.7 billion in cash and a $500 million line of credit for its municipal bond insurance business.
- Douglas Elliman, one of the largest real estate brokerage firms in the United States, in antitrust class actions concerning commissions for residential real estate sales.
- Multi-national technology company seeking damages in a post-acquisition arbitration resulting from breaches of representations and warranties in merger agreement.
- Two individual real estate developers and their affiliated entities in foreclosure and guarantee actions in New York Supreme Court concerning a Manhattan commercial real estate project.
- JBS USA, one of the largest beef and pork producers in the United States, in an antitrust class action in the District of Colorado concerning alleged wage-fixing and no-poach agreements at beef and pork processing plants throughout the United States.
- Private trust in a commercial real estate guarantee action in the Southern District of New York concerning commercial properties in Chicago and Houston.
- Multi-national insurer in a refinancing and resolution of related claims.
- Hotel developer in a commercial loan workout and related issues concerning a landmark hotel in Washington, D.C.
- Unitas Global in an action seeking to recover funds in dispute with lender in Illinois state court.
- Private trust in multiple Section 1782 actions in federal court in New York, Delaware, and Miami.
- Multiple individuals concerning employment and partnership disputes.
- Former CEO and Chairman of Phoenixus AG and Vyera Pharmaceuticals in unprecedented Sherman Act claims in an antitrust action brought by the FTC and seven state Attorneys General in the Southern District of New York.
- Pilgrim's Pride, one of the nation’s largest chicken producers, in resolving criminal claims relating to the U.S. Department of Justice Antitrust Division’s high-profile investigation into alleged price fixing in the poultry industry.
- MDC Energy, an independent oil and gas E&P company, as debtors’ counsel in its Chapter 11 bankruptcy case, and related litigations.
- Multi-national company in multiple federal and state civil and criminal antitrust investigations.
- Former directors of Forest Oil Corporation in the Sabine Oil & Gas bankruptcy against fiduciary duty claims concerning the merger between Forest Oil and Sabine. We successfully obtained decision from the Bankruptcy Court, and, on appeal, the District Court, holding that the claims against our clients were entirely without merit.
- Patriot National in an action in federal court by two hedge funds concerning the sale of securities in a private investment in public equity (“PIPE”) transaction.
- Directors of Patriot National and the company in a shareholder action in Delaware Chancery Court asserting breach of fiduciary duty claims.
- Whitebox Advisors in Puerto Rico’s debt adjustment proceedings and related litigation against stakeholders and bond trustee.
- Charles Koppelman and CAK Entertainment, former entertainment advisor to the estate of Prince Rogers Nelson in proceedings and actions related to the estate.
- The Renco Group, a mining and metal recovery holding company, and certain shareholders, in defending thousands of individual suits brought by Peruvian plaintiffs asserting mass tort and vicarious liability claims, including developing and asserting defenses based on the doctrine of international comity and Peru’s assertions of sovereignty.
- Association of Financial Guaranty Insurers, a trade association comprised of the leading monoline insurers, in a successful First Circuit argument that a Puerto Rican law allowing Puerto Rico, rather than Congress, to restructure its debt was unconstitutional and preempted by the Federal Bankruptcy Code.
- CEO of a publicly traded company in an investigation by the Securities and Exchange Commission.
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