Partner

David S. Kurtzer-Ellenbogen

David Kurtzer-Ellenbogen Photo

David Kurtzer-Ellenbogen focuses on complex commercial litigation.  He has represented clients in a broad range of matters in federal and state courts and numerous other venues, and has tried cases in court and in arbitration proceedings.  He has also conducted multiple internal investigations for corporate clients, and defended clients in high-stakes governmental investigations.  His practice is international in scope, and he has represented both plaintiffs and defendants in high-dollar disputes.  David has particular experience in class action litigation, as well as claims involving complex financial transactions.

David graduated from Yale University with honors in 1997, with a B.A. in Architecture.  He received his J.D. with honors from Harvard Law School in 2003, where he was an editor of the Harvard Law Review and active in the Prison Legal Assistance Project.  David also served as a United States Foreign Service officer, with a tour of duty in Sana'a, Yemen, and has also lived and worked in Egypt, Israel, Romania and Azerbaijan.  He serves on the Board of Directors and as Treasurer of the Milton Gottesman Jewish Day School in Washington, D.C.  His wife Lucy is the Director of the Israeli-Palestinian Conflict Program at the United States Institute of Peace.  They have three children and live in the Shepherd Park neighborhood of Washington, D.C.

Representative Experience

Though all cases vary and none is predictive, David's experience includes:

  • Defeating on summary judgment all claims brought against Fortune 50 corporation by the Lehman Brothers bankruptcy estate under ISDA derivatives agreement
  • Winning reversal of class certification of claims against national restaurant chain
  • Successfully arguing for invalidation of administrative rule on behalf of national automotive distributor
  • Winning summary judgment on all claims in franchisor-franchisee suit
  • Defeating all claims by Kuwaiti entity against private equity firm in Delaware Chancery Court and Delaware Supreme Court
  • Representing Hong Kong-based convertible bond issuer at trial in New York Supreme Court's Commercial Division
  • Representing automotive distributor in arbitration proceedings against dealership
  • Representing Big 4 accounting firm in commercial arbitrations and related court proceedings in New York and California
  • Representing major technology corporation in multidistrict consumer class action litigation
  • Representing large pharmaceutical firm in multi-front litigation against generic manufacturer and end-user putative class plaintiffs
  • Representing multinational bank in multiple litigations relating to complex securitized products
  • Pro bono representation of individuals in asylum matters, criminal proceedings, and denial-of-benefits administrative challenges

Education

Admissions

Government Service

United States Foreign Service, 2005-2006 (Sanaá, Yemen)

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