David Zalman’s practice involves commercial and complex civil litigation, including contract disputes, unfair competition, theft of trade secrets, false advertising, real estate disputes, lender liability, corporate fraud, insurance, bankruptcy litigation and employment-related matters.  David has represented businesses of all sizes across a broad spectrum of industries.  He is valued by clients and colleagues alike for his strategic approach to litigation and dispute resolution.

David carefully analyzes each case on its merits and the probability of a successful outcome, as well as the impact that a dispute may have on his client’s brand and reputation in the marketplace.  He is an advocate who is able to engage in difficult conversations with even the most hostile of adversaries.  David is sensitive to the risks inherent in litigation, the expenses associated with fighting a claim, and the disruption to his client’s business that can occur throughout the process.  As a result, David strives to minimize the strain of litigation to his client’s operations and devise solutions that best suit his client’s overall business objectives.

David’s proven track record of successful results speak for itself.  He has successfully tried cases for clients in a wide range of industries, including financial services, retail, construction, health care and chemical companies.  David is a skilled litigator who adapts his knowledge of the law to his client’s particular business interests.  A consummate team player, David is an effective collaborator whose relationships are grounded in the strength of his experience and his unwavering commitment to managing risk for his clients.

Commercial and Financial Litigation

Successfully defended as co-trial counsel a leading financial institution in an eight-day bench trial in the Southern District of New York.  In a complete defense verdict, the judge dismissed a breach of contract and fraud suit brought against the client over its alleged failure to disclose potential tax liabilities when the plaintiff purchased one of the client’s lines of business.

Successfully represented as co-trial counsel a major international construction company in a five-day bench trial in the District of New Jersey arising out of the client’s purchase of a New Jersey construction company.  The court found that the sellers breached representations and warranties in the Share Purchase Agreement, and awarded the client millions of dollars in damages plus attorneys’ fees.

Co-trial counsel for a major chemical company in a fraud, unfair competition and breach of contract case arising out of the sale of a company.  Successfully obtained a multimillion-dollar jury verdict and successfully prosecuted a contempt application against the defendant.

Represented major insurance companies in connection with disputes relating to surety bonds.  Obtained favorable settlements after discovery.

Successfully represented a major banking institution in lender liability and fraud actions in state and federal courts.

Trade Secrets

Lead counsel for a financial services company, its president and one of its employees accused of misappropriating a competitor’s trade secrets and interfering with a competitor’s contractual, existing and prospective relationships.  Successfully obtained a prediscovery dismissal of trade secret claims.  Following extensive discovery, the court granted summary judgment in our clients’ favor and dismissed the action in its entirety.

Successfully represented a major athletic shoe retailer in a theft of trade secrets action.  Obtained summary judgment for the client.

Successfully represented former employees of a computer networking company in a nonsolicitation, trade secrets and breach of fiduciary duty lawsuit.  Obtained a dismissal of the complaint with prejudice and with no payments to plaintiff.

Labor and Employment

Served as lead trial counsel and successfully defended a mental health facility in a lawsuit that alleged race discrimination, wrongful termination, racial harassment and retaliation.  After a one-week jury trial in New York State Court, the claims were dismissed.

Represented a major health care products company in an age discrimination lawsuit in federal court.  The court granted the company’s motion for summary judgment and dismissed the plaintiff’s breach of contract claim.

Represented a manufacturer in an age discrimination case in federal court.  The case was dismissed on summary judgment.  Representing a hospital in a wage and hour class action.

False Advertising

Representing a major infant formula manufacturer against false advertising claims brought by the FTC, as well as several class action lawsuits throughout the country.

Represented a major technology company in a lawsuit brought by a state attorney general alleging fraudulent and deceptive trade practices with respect to advertising, warranties, rebates, technical support and customer service.  The case settled favorably.

Bankruptcy Litigation

Represented a major oil company in bankruptcy court in a dispute impacting the manner in which crude oil is traded in the United States.  The bankruptcy court granted summary judgment in the client’s favor.

Represented a major reprographics company in an appeal of a multimillion-dollar bankruptcy court judgment.  The case settled.

Real Estate and Foreclosure

Represented a real estate investment firm in a dispute related to a proposed work-out of a $125 mortgage loan.  The court denied the plaintiff’s application to enjoin the work-out and dismissed all tort claims against the client.

Represented various lenders in mortgage foreclosure actions, including, among other representations, the completion of a $12.5 mortgage foreclosure sale of a 35-unit mixed-use building.

Represented a real estate developer in a dispute concerning the sale of real property, and successfully obtained an award of specific performance against the seller and a second purchaser of the same property.