David Litterine-Kaufman is a partner in Orrick's Complex Litigation and Dispute Resolution Group. Based in New York, David's practice focuses on litigation for financial services clients, including residential mortgage-backed securities defense, bankruptcy litigation on behalf of creditors and debtors, bankruptcy claims and distressed debt trading disputes, corporate governance disputes, and securities class action defense.
David has represented public companies and other large national and multinational enterprises and their directors and officers in financial services related litigation in federal, state, and bankruptcy court proceedings across the country and in offshore jurisdictions.
David has deep experience representing investment banks and public issuers in complex securities related litigation, including:
- Defending a sponsor and underwriter of residential mortgage-backed securities against securities fraud actions brought by institutional investors, securitization trustees, and the federal government in federal and state courts across the United States.
- Defending an international shipping company against a putative securities fraud class action in federal court in New York arising out of a series of private financing transactions.
- Defending directors of various public companies, including a medical device manufacturer and a provider of mortgage and real estate data and analytics services, against breach of fiduciary duty claims arising out of acquisitions in Delaware Chancery Court and New York state court.
David has also represented clients in a broad range of bankruptcy litigation and contract disputes over bankruptcy-related trades, including:
- Litigating on behalf of an international provider of deepwater drilling units in Chapter 15 proceeding in U.S. bankruptcy court against creditors seeking to block the company's reorganization in the Cayman Islands, resulting in a dismissal of the creditors' objections and a successful completion of the $3.7 billion reorganization.
- Defending an international shipping company against fraudulent conveyance claims brought in the Republic of the Marshall Islands, resulting in a dismissal of all claims by the district court and affirmance on appeal to the Supreme Court of the Marshall Islands.
- Pursuing breach of contract claims by affiliates of international investment banks to enforce repurchase of bankruptcy claims, with results including a favorable settlement on the eve of trial in one action and a default judgment against the seller in another.
David also represents clients in complex commercial disputes and trials of all types, including:
- Litigating trademark infringement claims through jury trial on liability and bench trial on remedies.
- Defending consumer class action jury trial and remedies component of regulatory enforcement action bench trial under the Telephone Consume Protection Act.
- Defending family office investor in closely held international fashion company against trademark and corporate governance claims by co-investor.
David's pro bono activities have included briefing and arguing an appeal to the Nebraska Supreme Court to enforce public participation rights under the state's APA, serving as lead associate at trial representing a government whistleblower in federal court in New York, and representing clients seeking child support payments in Bronx Family Court.
Before joining Orrick, David was an associate at Cravath, Swaine & Moore LLP.