David Lesser

Litigation

• Defense of a large financial institution in all civil litigation arising out of alleged manipulation of LIBOR, Euribor, Yen LIBOR, ICE LIBOR, CHF LIBOR, GBP LIBOR, BBSW, and SIBOR, alleging antitrust, commodities manipulation, and other claims
• Defense of a hotel and casino in an antitrust class action involving allegations of anticompetitive room pricing
• Defense of a food and nutrition company in trade secret misappropriation and unfair competition litigation
• Defense of a large financial institution in connection with all merchant and consumer antitrust litigation concerning the setting of payment card interchange fees
• Defense of a large financial institution in Madoff-related fraudulent transfer litigation
• Defense of a large financial institution in connection with CFPB litigation and regulatory matters related to peer-to-peer payments
• Defense of a large financial institution in consumer class actions related to affiliate marketing programs
• Representation of a major professional services firm in civil litigation arising from the failures of multiple financial institutions
• Defense of a large financial institution in commercial litigation related to a resort development project
• Defense of a high-frequency trading and technology company in civil litigation alleging a spoofing scheme to manipulate futures markets
• Defense of a large financial institution in commercial litigation related to alleged spoofing and naked short selling
• Defense of a large financial institution in civil litigation arising out of alleged CDOR manipulation, alleging antitrust, commodities manipulation, and other claims
• Defense of a large financial institution in litigation and regulatory matters concerning various fair lending issues
• Defense of a large financial institution in civil litigation arising out of alleged anticompetitive manipulation of Variable Rate Demand Obligation (VRDO) bonds
• Defense of a large financial institution in civil litigation alleging anticompetitive manipulation of Government Sponsored Enterprise (GSE) bonds
• Defense of a large financial institution in consumer class action litigation related to credit card reward forfeiture
• Defense of a large financial institution in consumer class actions concerning overdraft fees and transaction posting order
• Defense of a national bank in consumer class actions related to alleged deficiencies in a retail coin-counting service
• Representation of financial institutions in dozens of federal and state enforcement, supervisory, and counseling matters related to consumer deposits, payments, credit cards, mortgage lending and servicing, auto lending, credit reporting, small dollar lending, and more
• Counsel to a large financial institution concerning consumer financial law compliance, including TILA, UDAAP, and debit card regulations
• Representation of a major professional services firm in connection with federal regulatory investigations arising from the failures of multiple financial institutions
• Counsel to an online lender concerning regulatory compliance with federal and state consumer financial laws
• Representation of numerous large financial institutions in connection with examinations and enforcement actions by various federal regulators including the CFPB, OCC, and FDIC
• Counsel to a large financial institution in connection with review of credit-card add-on products

Regulatory and Enforcement

• Representation of financial institutions in dozens of federal and state enforcement, supervisory, and counseling matters related to consumer deposits, payments, credit cards, mortgage lending and servicing, auto lending, credit reporting, small dollar lending, and more
• Representation of a large financial institution in connection with federal and state regulatory investigations and enforcement actions related to peer-to-peer payments
• Counsel to a large financial institution concerning consumer financial law compliance, including TILA, UDAAP, and debit card regulations
• Representation of a major professional services firm in connection with federal regulatory investigations arising from the failures of multiple financial institutions
• Counsel to an online lender concerning regulatory compliance with federal and state consumer financial laws
• Representation of numerous large financial institutions in connection with examinations and enforcement actions by various federal regulators including the CFPB, OCC, and FDIC
• Counsel to a large financial institution in connection with review of credit-card add-on products
• Counsel to multiple financial institutions and credit card issuers concerning UDAP/UDAAP prohibitions and state consumer protection laws
• Counsel to a large financial institution in connection with fair lending issues and interest rate exportation
• Counsel to a large consumer electronics merchant in connection with review of payment plan and compliance with federal and state consumer financial laws
• Counsel to a large reverse-mortgage lender in review of compliance with federal consumer financial law

David Lesser’s practice focuses on complex commercial litigation, antitrust, and regulatory matters, with particular experience representing financial institutions, professional services firms, technology companies, and other commercial clients in high-stakes litigation, regulatory enforcement matters, and government investigations. David has handled numerous large class actions and other complex disputes involving claims under antitrust, securities, commodities, consumer protection, and banking laws.

In his litigation practice, David has represented clients in numerous complex class actions and other disputes in federal and state courts at the trial and appellate level. He has extensive appellate experience and has successfully defended clients against a broad array of legal claims, including under antitrust law, the securities laws, the Commodity Exchange Act, RICO, FCRA, TILA, and federal and state consumer protection laws, as well as state law contract and tort theories. He also has significant experience with trade secret litigation and general commercial disputes.

David has an active regulatory and government investigations practice. He has represented clients before federal financial regulators and government agencies in supervisory, investigative, and enforcement matters, including consequential matters before the CFPB, OCC, FDIC, DOJ, SEC, and FINRA. He regularly counsels clients concerning compliance with UDAAP and other federal and state consumer protection and financial laws.

David received his J.D. from Yale Law School in 2001. While pursuing his J.D., he also obtained a graduate M.Phil. degree in American Studies. Upon graduating from law school, he clerked for the Honorable Rosemary Barkett of the United States Court of Appeals for the Eleventh Circuit.