David Riskin is an experienced litigator who focuses on complex, high-stakes trial and appellate litigation. He has successfully managed complex matters—building expert tactics; developing case themes; preparing and defending witnesses; and designing early-stage litigation strategies resulting in pre-trial dismissals and favorable settlements—in state and federal courts across the country. David’s matters have spanned a variety of industries, including financial services and securities, medical devices, aerospace, healthcare, and commercial real estate data. And he has represented individuals in civil, criminal, and governmental proceedings, both domestically and abroad. David has substantial experience litigating copyright and trade-secret claims, including for information-service providers, as well as defending law firms facing claims arising from representation of their clients.
David is from Morristown, New Jersey. He received his undergraduate degree, summa cum laude, from Williams College in international relations, and his J.D. cum laude from Harvard Law School. David served as a law clerk to the Honorable John D. Bates of the United States District Court for the District of Columbia and the Honorable Laurence H. Silberman of the United States Court of Appeals for the District of Columbia Circuit, and he was an aide to Senator Frank Lautenberg of New Jersey.
- Note, Judicial Review of Congressional Findings of Fact, 122 Harv. L. Rev. 767 (2008)
- The Supreme Court, 2006 Term—Leading Cases, 121 Harv. L. Rev. 325 (2007)
Though all cases vary and none is predictive, David's experience includes:
- Successfully arguing the appeal of a trial verdict and summary-judgment decision in the Delaware Supreme Court in a commercial dispute involving contract and trade-secrets claims in excess of $400 million. David served as trial counsel in the dispute as well. After the trial court granted summary judgment on the trade-secret claims, the jury returned a complete defense verdict on the contract claims.
- Representing an international commercial real estate data firm as plaintiff in copyright litigation. The plaintiff obtained a consent decree permanently enjoining defendants’ misuse of plaintiff’s copyrighted material and mandating defendants’ use of a copyright filter, as well as a significant damages payment.
- Representing an international commercial real estate data firm in a series of breach-of-contract, misappropriation and copyright disputes involve misuse of a password-protected database. As part of these ongoing representations, David has worked to develop a comprehensive strategy to protect the client against misappropriation and misuse of its proprietary information.
- Representing an international bank in a $508 million mortgage-backed securities suit in New York. In December 2017, a New York appellate court dismissed the claims against the client in their entirety.
- Defended former president of a financial-services company facing criminal charges in a foreign jurisdiction. The trial court acquitted on all counts.
- Successfully defending, in federal district court and two federal courts of appeal, a pharmaceutical company in securities litigation arising out of public statements about a new drug.
- Defending an Am Law 100 firm in a breach of fiduciary duty action arising from a representation adverse to one of its former clients.
- Defending a major, national law firm in a malpractice dispute arising from a missed foreign filing deadline.
- Defending an Am Law 100 firm in a malpractice and breach of fiduciary duty action alleging a conflict of interests.
- Successfully obtaining summary judgment for a Fortune 200 company in the aerospace industry facing products-liability claims in state court.
Law Clerk, Judge Laurence H. Silberman, United States Court of Appeals for the District of Columbia Circuit, 2010-2011
Law Clerk, Judge John D. Bates, United States District Court for the District of Columbia, 2009-2010