David Kupfer

• 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.

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.