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David H. Kupfer is a trial lawyer with extensive experience litigating complex commercial disputes and representing plaintiffs and defendants in civil and criminal matters and regulatory investigations. David has represented real estate and hospitality developers, lenders, and operators, financial institutions, life sciences, and technology firms, and venture and private equity funds in bankruptcy, state and federal courts, as well as in arbitration. He has also represented creditors in complex restructuring proceedings including the restructurings of Mallinckrodt Pharmaceuticals, JCPenney, and Claire’s.

David devotes significant time to pro bono work, and regularly represents low-income clients in fair housing and felony criminal matters.

David clerked for the Honorable Henry B. Pitman, U.S. District Court for the Southern District of New York.

Full Bio

Credentials

J.D., Fordham University School of Law, summa cum laude, Order of the Coif

B.A., Touro College, summa cum laude

New Jersey

New York

Law Clerk, Honorable Henry B. Pitman, U.S. District Court for the Southern District of New York

New York City Bar Association

UJA Young Leadership Committee

Named a Rising Star


Super Lawyers, 2020-2023

Close

Recognition

Named a Rising Star


Super Lawyers, 2020-2023

News

In the News · Source: Law360, Attorney at Law Magazine, Bloomberg Tax, Reuters Daily Docket, Reuters Afternoon Docket, Commercial Observer, New York Journal, Bloomberg Law, Commercial Dispute Resolution and Insurance Edge

April 2, 2024
Partners Jennifer Recine, Sarmad Khojasteh and David Kupfer join K&S’s Business Litigation practice group in New York, focused on real estate litigation and complex commercial litigation

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Matters

Representing Bath Club Entertainment and developer R. Donahue Peebles in actions against members of a neighboring condominium association and others “determined to interfere with the successful management of the historic Bath Club on Miami Beach.”

Represented private-equity magnate David Storper in several actions against Wilbur Ross and WL Ross & Co. involving breach of contract and breach of fiduciary duties related to WL Ross’s flagship private equity funds.

Represented AIB Group in an action against its prime broker, related to a five-year, $700 million foreign-exchange fraud.

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Close

Matters

Representing Bath Club Entertainment and developer R. Donahue Peebles in actions against members of a neighboring condominium association and others “determined to interfere with the successful management of the historic Bath Club on Miami Beach.”

Represented private-equity magnate David Storper in several actions against Wilbur Ross and WL Ross & Co. involving breach of contract and breach of fiduciary duties related to WL Ross’s flagship private equity funds.

Represented AIB Group in an action against its prime broker, related to a five-year, $700 million foreign-exchange fraud.

Represented JPMorgan Chase in numerous actions in state and federal court related to mortgage-backed securities.

Represented Moody’s in a Department of Justice investigation.

Represented Fidelity National Financial’s Black Knight Unit in a securities opt-out action brought by Maverick Funds.

Represented Newlink Genetics in a 10b-5 class action related to a failed drug trial.

Represented ChromaDex in multiple actions in federal court against Elysium Health, related to false advertising, trade libel, and deceptive practices.

Represented Olo in a contract dispute with DoorDash.

Represented the Official Committee of Talc Creditors II in bankruptcy proceedings of LTL Management related to mass torts by Johnson & Johnson.

Represented the Official Committee of Unsecured Creditors in bankruptcy proceeding of pharmaceutical giant Mallinckrodt.

Represented the Official Committee of Unsecured Creditors in bankruptcy proceeding of JCPenney.

Represented liquidating trustee in fiduciary duty action against founders of Fuhu.

Represented the Official Committee of Unsecured Creditors in bankruptcy proceeding of Videology.

Represented the Official Committee of Unsecured Creditors in bankruptcy proceeding of Claire’s.

News

In the News · Source: Law360, Attorney at Law Magazine, Bloomberg Tax, Reuters Daily Docket, Reuters Afternoon Docket, Commercial Observer, New York Journal, Bloomberg Law, Commercial Dispute Resolution and Insurance Edge

April 2, 2024
Partners Jennifer Recine, Sarmad Khojasteh and David Kupfer join K&S’s Business Litigation practice group in New York, focused on real estate litigation and complex commercial litigation

View all

Matters

Representing Bath Club Entertainment and developer R. Donahue Peebles in actions against members of a neighboring condominium association and others “determined to interfere with the successful management of the historic Bath Club on Miami Beach.”

Represented private-equity magnate David Storper in several actions against Wilbur Ross and WL Ross & Co. involving breach of contract and breach of fiduciary duties related to WL Ross’s flagship private equity funds.

Represented AIB Group in an action against its prime broker, related to a five-year, $700 million foreign-exchange fraud.

See more

Close

Matters

Representing Bath Club Entertainment and developer R. Donahue Peebles in actions against members of a neighboring condominium association and others “determined to interfere with the successful management of the historic Bath Club on Miami Beach.”

Represented private-equity magnate David Storper in several actions against Wilbur Ross and WL Ross & Co. involving breach of contract and breach of fiduciary duties related to WL Ross’s flagship private equity funds.

Represented AIB Group in an action against its prime broker, related to a five-year, $700 million foreign-exchange fraud.

Represented JPMorgan Chase in numerous actions in state and federal court related to mortgage-backed securities.

Represented Moody’s in a Department of Justice investigation.

Represented Fidelity National Financial’s Black Knight Unit in a securities opt-out action brought by Maverick Funds.

Represented Newlink Genetics in a 10b-5 class action related to a failed drug trial.

Represented ChromaDex in multiple actions in federal court against Elysium Health, related to false advertising, trade libel, and deceptive practices.

Represented Olo in a contract dispute with DoorDash.

Represented the Official Committee of Talc Creditors II in bankruptcy proceedings of LTL Management related to mass torts by Johnson & Johnson.

Represented the Official Committee of Unsecured Creditors in bankruptcy proceeding of pharmaceutical giant Mallinckrodt.

Represented the Official Committee of Unsecured Creditors in bankruptcy proceeding of JCPenney.

Represented liquidating trustee in fiduciary duty action against founders of Fuhu.

Represented the Official Committee of Unsecured Creditors in bankruptcy proceeding of Videology.

Represented the Official Committee of Unsecured Creditors in bankruptcy proceeding of Claire’s.

News

In the News · Source: Law360, Attorney at Law Magazine, Bloomberg Tax, Reuters Daily Docket, Reuters Afternoon Docket, Commercial Observer, New York Journal, Bloomberg Law, Commercial Dispute Resolution and Insurance Edge

April 2, 2024
Partners Jennifer Recine, Sarmad Khojasteh and David Kupfer join K&S’s Business Litigation practice group in New York, focused on real estate litigation and complex commercial litigation

View all

Credentials

J.D., Fordham University School of Law, summa cum laude, Order of the Coif

B.A., Touro College, summa cum laude

New Jersey

New York

Law Clerk, Honorable Henry B. Pitman, U.S. District Court for the Southern District of New York

New York City Bar Association

UJA Young Leadership Committee

Named a Rising Star


Super Lawyers, 2020-2023

Close

Recognition

Named a Rising Star


Super Lawyers, 2020-2023