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Experience and Background
David A. Kotler advises and represents clients in a wide range of complex corporate and commercial litigation matters involving the financial markets, contracts, and business torts. He also has represented a number of clients in class actions arising from the purchase/sale of securities and in derivative actions. Mr. Kotler has both trial and appellate experience. He was recognized as a promising professional in the New Jersey legal community by the New Jersey Law Journal's "40 under 40" for 2008.
Mr. Kotler's recent matters include:
-- representing Oppenheimer Funds and Oppenheimer Acquisition Corp. in more than a dozen class action lawsuits brought in several courts arising out the Madoff Ponzi scheme;
-- representing PIMCO Funds in a multi-billion dollar Commodity Exchange Act class action arising out of the alleged manipulation of the U.S. Treasury futures market;
-- representing the former controller of AIG in various direct and derivative securities fraud actions;
-- representing a long-short hedge fund in a state law RICO action alleging an improper short-selling scheme;
-- representing Boehringer Ingelheim Pharmaceuticals in an arbitration arising out of a billion-dollar co-promotion agreement; and
-- representing Baxter Healthcare Corp. in several arbitration proceedings arising out of joint ventures for the commercialization of biological products.
In addition to the foregoing matters, the following is a list of Mr. Kotler's representative securities and related litigations:
-- Steiner v. MedQuist, Inc., Civil Action No. 04-5487 (D.N.J.). Represented a former CEO in Sec. 10(b)/Rule10b-5 class action;
-- In re IPO Securities Litigation, 21 MC 92 (S.D.N.Y.). Represented four issuers in Sec. 11 and Sec. 10(b)/Rule 10b-5 consolidated class action arising out of an IPO allocation process;
-- Heilman v. Baldino, Case No. MER-C-12808 (N.J. Ch. Div.). Represented the target company and its board of directors in shareholder litigation brought following a merger;
-- Ball, et al. v. Golf Host Resorts, Inc., Case No. 99-7532-CI-15 (Fla. Cty. Ct.). Represented the issuer of an alleged investment contract;
-- Ball v. Starwood Capital Group, L.L.C., et al., Case No. 01-8582-CI-15 (Fla. Cty. Ct.). Represented corporate and individual defendants in veil piercing action arising out of alleged breach of investment contract;
-- Raintree Resorts International, Inc. v. Starwood Hotels & Resorts Worldwide Inc., et al., No. H-02-3878 (D. Tex.). Represented equity investor Starwood Capital Group and several of its principals (including Barry Sternlicht) in a breach of fiduciary duty/tortious interference action;
-- H.I.G. Capital, L.L.C. v. Vestcom International, Inc., et al., Docket No. C-249-02 (N.J. Ch. Div.). Represented the successful bidder for a publicly traded company;
-- Olkey v. Hyperion 1999 Term Trust, Inc., 98 F.3d 2 (2d Cir. 1996). Represented the issuer, a closed-end fund, in Sec. 11 and Sec. 10(b)10b-5 class action; and
-- Karpus v. Hyperion 1997 Term Trust, Inc., 1996 WL 668860 (S.D.N.Y. Nov. 18, 1996). Represented the issuer, a closed-end fund, in Sec. 11 and Sec. 10(b)/Rule10b-5 class action; motion to dismiss granted.
In addition, over the last several years, Mr. Kotler has represented clients in many important commercial matters, including:
-- the successful resolution of a multi-million dollar lawsuit brought against a publicly traded company arising out of its alleged breach of an asset purchase agreement;
-- the successful resolution of a multi-million dollar tortious interference and breach of fiduciary duty claim arising out of an Internet-based business;
-- the successful application of an adult living community to expand its facility in the face of a challenge under an anti-eviction statute (a case of first impression in New Jersey); and
-- on a pro bono representation, obtaining a substantial federal jury verdict for sexual harassment in favor of a former New York Police Department employee.
Professional Activities
Case Columnist, American Bar Association, Section of Litigation, Trial Evidence Subcommittee
Bar and Court Admissions
- Member, New York and New Jersey Bars
- Admitted to practice before the U.S. District Courts for the District of New Jersey, the Southern and Eastern Districts of New York, and the District of Colorado; the U.S. Courts of Appeal for the Second, Third, and Federal Circuits; and the U.S. Supreme Court
Education
Cornell University School of Industrial and Labor Relations, B.S., 1990
New York University School of Law, J.D., 1993, Staff Editor of the Annual Survey of American Law
Publications and Lectures
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