A Single Attorney Page
The tongue of the wise enhances knowledge, but the mouth of fools spouts folly.
- King Solomon, Proverbs 15:2
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David Possick is a Senior Counsel in the litigation department, where he focuses on complex civil litigation in both federal and state courts. David is an experienced litigator, with many years in practice representing major financial institutions and other companies in a range of high-profile company matters, including securities, ERISA and antitrust class actions, bankruptcy matters, intellectual property disputes, contract disputes, and other high stakes civil litigation.
Recognized as a New York “Super Lawyers Rising Stars” in the areas of Business, Securities, and Antitrust Litigation, David’s matters have included defending financial institutions and other global companies in class actions and other complex civil litigation, which decisions have led to developments favorable to defendant corporations in, among other things: (i) the application of loss causation principles under the federal securities laws; (ii) the application of the exhaustion requirements of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989; (iii) obtaining the first dismissals of ERISA “stock drop” class actions under the “more harm than good” test created by the Supreme Court’s 2014 Fifth Third Bank v. Dudenhoeffer decision; and (iv) obtaining the dismissal of breach of contract claims concerning a change-of-control provision in convertible debt securities, in a seminal opinion on contract interpretation principles under New York law.
David’s other significant matters included obtaining post-trial trial judgment as a matter of law of a $3 billion antitrust action brought against a global computer technology company that was unanimously affirmed in an opinion authored by then-Judge Gorsuch under the Aspen Skiing exception to the Colgate doctrine, and litigation throughout the United States related to the emissions characteristics of a motor vehicle manufacturer’s diesel vehicles, including the negotiation and implementation of a $1.2 billion settlement with a class of franchise dealerships.
Prior to joining CTSW, David practiced as a litigation associate at Sullivan & Cromwell LLP and a litigation partner at Nelson Mullins Riley & Scarborough LLP.
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Education
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Juris Doctor, magna cum laude, from Fordham University School of Law in 2005
Bachelor of Arts, summa cum laude, from Ramapo College of New Jersey in 1999
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Admissions
- New York
- U.S. District Court for the Southern, Eastern and Western Districts of New York
- Second Circuit Court of Appeals
- Fifth Circuit Court of Appeals
- Ninth Circuit Court of Appeals
- Eleventh Circuit Court of Appeals
- D.C. Circuit Court of Appeals
- Northern District of Florida
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Related Practices
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David Possick is a Senior Counsel in the litigation department, where he focuses on complex civil litigation in both federal and state courts. David is an experienced litigator, with many years in practice representing major financial institutions and other companies in a range of high-profile company matters, including securities, ERISA and antitrust class actions, bankruptcy matters, intellectual property disputes, contract disputes, and other high stakes civil litigation.
Recognized as a New York “Super Lawyers Rising Stars” in the areas of Business, Securities, and Antitrust Litigation, David’s matters have included defending financial institutions and other global companies in class actions and other complex civil litigation, which decisions have led to developments favorable to defendant corporations in, among other things: (i) the application of loss causation principles under the federal securities laws; (ii) the application of the exhaustion requirements of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989; (iii) obtaining the first dismissals of ERISA “stock drop” class actions under the “more harm than good” test created by the Supreme Court’s 2014 Fifth Third Bank v. Dudenhoeffer decision; and (iv) obtaining the dismissal of breach of contract claims concerning a change-of-control provision in convertible debt securities, in a seminal opinion on contract interpretation principles under New York law.
David’s other significant matters included obtaining post-trial trial judgment as a matter of law of a $3 billion antitrust action brought against a global computer technology company that was unanimously affirmed in an opinion authored by then-Judge Gorsuch under the Aspen Skiing exception to the Colgate doctrine, and litigation throughout the United States related to the emissions characteristics of a motor vehicle manufacturer’s diesel vehicles, including the negotiation and implementation of a $1.2 billion settlement with a class of franchise dealerships.
Prior to joining CTSW, David practiced as a litigation associate at Sullivan & Cromwell LLP and a litigation partner at Nelson Mullins Riley & Scarborough LLP.