David M. Cheifetz
Partner Litigation, Arbitration, and Employment
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Overview
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Experience
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Credentials
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Insights and events
David Cheifetz has nearly two decades of experience litigating all aspects of complex commercial cases for professional services firms and other business entities. David has appeared in matters throughout the country in state and federal courts, including for motion practice, jury and bench trials, and appellate arguments. He also represents clients in administrative proceedings, arbitrations, and mediations.
While David has represented a diverse array of clients in various commercial matters, his practice focuses principally on defending major accounting and consulting organizations from claims alleging up to billions of dollars in damages for professional malpractice, securities fraud, and other alleged misconduct. In addition to litigation, David assists his clients in responding to regulatory inquiries, complying with professional standards, and mitigating risk.
David often defends high-profile lawsuits brought against his professional services firm clients by trustees, foreign liquidators, and receivers following large-scale corporate frauds or bankruptcies, and he has been at the forefront of the development of defenses like in pari delicto, which preclude a corporation or its insolvency representatives from suing its outside professional advisors to recover for a fraud committed by the corporation’s own managers.
David is also an expert on jurisdictional issues and advises non-U.S.-based entities on reducing the risk of and defending against U.S.-based litigation.
Representative experience
Defending a major consulting firm in opioid-related multidistrict litigation, including oral argument of major dispositive motion for dismissal of local government claims seeking billions of dollars.*
Successfully obtained multiple dismissals of US lawsuits against an international accounting organization for lack of personal jurisdiction.*
Defended a national accounting firm in successful arbitration and resolution of billion-dollar claims brought by SEC receiver arising from audit work for bankrupt Cayman-based hedge fund.*
Successfully resolved malpractice claims by creditors’ committee alleging nine-figure damages against national accounting firm arising from one of largest non-profit bankruptcies in New York history.*
Represented an international accounting organization in the successful dismissal of numerous multibillion-dollar lawsuits arising out of the bankruptcy of Italian dairy conglomerate, Parmalat.*
Represented law professor amicus in a seminal New York Court of Appeals case in support of application of in pari delicto defense for auditors.*
Represented an accounting organization facing securities fraud claims arising from plaintiffs' failed US$100m investment in a bankrupt offshore hedge fund.*
Represented a national accounting firm in arbitration of audit malpractice claims seeking eight-figure damages.*
Advised multiple national accounting firms on various independence issues and other professional standards.*
Represented an international yachting company in the successful recovery of disputed commission for sale of luxury yacht.*
Defended the CEO of a subsidiary of major investment bank in a three-week administrative proceeding before the Securities and Exchange Commission, resulting in dismissal of all claims.*
Represented a large cooperative corporation in litigation against the New York City Department of Finance, successfully challenging the imposition of a multimillion-dollar property transfer tax.*
Represented a multibillion-dollar investment fund in a dispute concerning the net asset value of a real estate investment trust in bench trial in the Southern District of New York.*
Represented nonprofit health services organization in litigation concerning the termination of a substantial grant award and successfully defended motion to dismiss on appeal to the First Department.*
Advised the independent fiduciary of a voluntary employee benefits association in multibillion-dollar dispute pertaining to valuation of call options in a major auto manufacturer.*
Represented a Wall Street investment firm in a two-week jury trial regarding veil-piercing claims brought in New York state court.*
*Matter handled prior to joining Hogan Lovells.
Credentials
- J.D., Boston College Law School, cum laude, 2006
- Bachelor of Arts, Boston University, magna cum laude, 2001
- New York
- U.S. District Court, Southern District of New York
- U.S. District Court, Eastern District of New York
- U.S. Court of Appeals, Second Circuit
- U.S. Court of Appeals, Fifth Circuit
- U.S. Court of Appeals, Seventh Circuit
- U.S. Supreme Court