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David S. Greenberg is a senior attorney in the Litigation Practice Group of Davis & Gilbert. He has experience in a variety of areas of commercial litigation, ranging from complex contractual issues, to intellectual property claims, to business torts such as fraud, interference with business relationships, and civil RICO.

Mr. Greenberg represents clients in federal and state courts, and in arbitration and other alternative dispute resolution proceedings. He has handled numerous copyright and trademark disputes involving advertising agencies and their clients. Mr. Greenberg has also defended claims, including consumer class actions, implicating consumer fraud, false advertising, and deceptive or unfair trade practices. In addition, he has litigated several employment matters involving alleged breaches of restrictive covenants and misappropriation of trade secrets.

While in law school, Mr. Greenberg was a member of the Fordham Law Review. Before joining Davis & Gilbert, Mr. Greenberg was a litigation attorney at Proskauer Rose LLP.

REPRESENTATIVE ENGAGEMENTS

  • Successfully defended a global packaging and labeling company and its new employee against an injunction sought by the employee's former employer.
  • Represented a major retailer and its advertising agency in a copyright infringement action brought by a manufacturer of plastic wishbones concerning an in-store pre-Thanksgiving Day promotion.
  • Obtained a dismissal of a multimillion dollar claim alleging that a leading international banking and financial services institution that served as the agent bank on a $180 million syndication loan had aided and abetted the borrower’s fraud by failing to disclose a lawsuit pending against the borrower.
  • Representing a highly respected patent attorney in connection a lawsuit against a former client’s estate seeking recovery of millions of dollars in unpaid legal fees.
  • Obtained partial summary judgment for an advertising agency and its client, preventing a graphic designer from multiplying her actual damages for unauthorized use of her copyrighted image, leading to a favorable settlement. 
  • Successfully obtained a sizeable arbitration award on behalf of a major public relations firm against a motorsports organization that had refused to pay for hundreds of thousands of dollars in services rendered and expenses incurred.
  • Defended an internet advertising company in a consumer class action alleging deceptive practices in connection with the distribution of advertising software.
  • Successfully defended an advertising agency and its client against a preliminary injunction in a copyright action involving the use of the plaintiff’s headwear in an advertising campaign.

PUBLICATIONS

Co-Author, "Appeals Court Enforces Arbitration Clause in Hyperlinked Terms & Conditions," D&G Litigation Alert, November 2017

Co-Author, "Possibility Defeats Practicality: Federal Court of Appeals Limits Class Action Defense Regarding Infeasibility of Ascertaining Class Members," D&G Litigation Alert, August 2017

Co-author, "Courts Begin to Rein in Scope of New Jersey Truth in Consumer Contract, Warranty and Notice Act," D&G Litigation Alert, May 2017

Co-Author, "'I Agreed to What?' – Federal Court Decision May Increase Scrutiny of Online Terms and Conditions," D&G Commercial Litigation Alert, September 2016, republished in The Licensing Journal, November/December 2016

Co-Author, "Internet Retailers Beware: NJ Truth-in-Consumer Contract, Warranty and Notice Act Impacts Online Terms and Conditions," D&G Litigation Alert, July 2016

Co-Author, "Our Best Offer: Rule 68 and TCPA Class Actions," Davis & Gilbert 2016 Mitigating Risk: Key Litigation Developments

Co-Author, ""Ascertainable" Class Members in Consumer False Advertising Actions," Davis & Gilbert 2016 Mitigating Risk: Key Litigation Developments

Co-Author, "AAA Now Requires Pre-Approval and Registration of Arbitration Clauses in Consumer Agreements, including Website Terms & Conditions," D&G Litigation Alert, September 2015

Co-Author, "New York Federal Court Reminds Litigants of the Limits of the Attorney-Client Privilege," D&G Litigation Alert, January 2015

Co-author, "The Telephone Consumer Protection Act: Privacy Legislation Gone Awry?Intellectual Property & Technology Law Journal, October 2014

Co-Author, "Supreme Court Clarifies Who Can Asset a Federal Claim for False Advertising," D&G Intellectual Property Litigation Alert, April 2014

Co-Author, "A Strategy for an Early Challenge to the Class Action Complaint: The “Motion to Strike"," D&G Litigation Alert, February 2013

Co-Author, “Supreme Court to Decide if False Advertising Claims are Limited to Just Direct Competitors,” D&G Intellectual Property Litigation Alert, July 2013

Co-Author, "Court Flags Historical Use of NFL Team’s Former Logo in Video Game as Infringing," D&G Intellectual Property Litigation Alert, December 2012

Co-Author, "District Court Ruling May Lead to Increased Dodd-Frank Retaliation Suits," D&G Litigation Alert, December 2012

Co-Author, "The Increased Importance of Non-Compete Agreements for Accounting Firms," The CPA Journal, August 2012

Co-Author, "Overzealousness in Asserting Copyright Claims over User-Generated Content can be Costly," D&G Litigation Newsletter, Spring 2009

Author, "The Pitfalls Of "Term Sheets" And "Preliminary Agreements,"" D&G Litigation Newsletter, Winter 2009

Co-Author, "Punitive Damages Available for Infringement?," New York Law Journal, January 24, 2005

PROFESSIONAL MEMBERSHIPS/AFFILIATIONS

American Bar Association
New York State Bar Association
New York City Bar Association
Federal Bar Council

BAR ADMISSIONS

New York
U.S. District Courts, Southern and Eastern Districts of New York

EDUCATION

Fordham University School of Law, J.D., 2002
Brandeis University, B.A., cum laude, 1997


REPRESENTATIVE ENGAGEMENTS

  • Successfully defended a global packaging and labeling company and its new employee against an injunction sought by the employee's former employer.
  • Represented a major retailer and its advertising agency in a copyright infringement action brought by a manufacturer of plastic wishbones concerning an in-store pre-Thanksgiving Day promotion.
  • Obtained a dismissal of a multimillion dollar claim alleging that a leading international banking and financial services institution that served as the agent bank on a $180 million syndication loan had aided and abetted the borrower’s fraud by failing to disclose a lawsuit pending against the borrower.
  • Representing a highly respected patent attorney in connection a lawsuit against a former client’s estate seeking recovery of millions of dollars in unpaid legal fees.
  • Obtained partial summary judgment for an advertising agency and its client, preventing a graphic designer from multiplying her actual damages for unauthorized use of her copyrighted image, leading to a favorable settlement. 
  • Successfully obtained a sizeable arbitration award on behalf of a major public relations firm against a motorsports organization that had refused to pay for hundreds of thousands of dollars in services rendered and expenses incurred.
  • Defended an internet advertising company in a consumer class action alleging deceptive practices in connection with the distribution of advertising software.
  • Successfully defended an advertising agency and its client against a preliminary injunction in a copyright action involving the use of the plaintiff’s headwear in an advertising campaign.

PUBLICATIONS

Co-Author, "Appeals Court Enforces Arbitration Clause in Hyperlinked Terms & Conditions," D&G Litigation Alert, November 2017

Co-Author, "Possibility Defeats Practicality: Federal Court of Appeals Limits Class Action Defense Regarding Infeasibility of Ascertaining Class Members," D&G Litigation Alert, August 2017

Co-author, "Courts Begin to Rein in Scope of New Jersey Truth in Consumer Contract, Warranty and Notice Act," D&G Litigation Alert, May 2017

Co-Author, "'I Agreed to What?' – Federal Court Decision May Increase Scrutiny of Online Terms and Conditions," D&G Commercial Litigation Alert, September 2016, republished in The Licensing Journal, November/December 2016

Co-Author, "Internet Retailers Beware: NJ Truth-in-Consumer Contract, Warranty and Notice Act Impacts Online Terms and Conditions," D&G Litigation Alert, July 2016

Co-Author, "Our Best Offer: Rule 68 and TCPA Class Actions," Davis & Gilbert 2016 Mitigating Risk: Key Litigation Developments

Co-Author, ""Ascertainable" Class Members in Consumer False Advertising Actions," Davis & Gilbert 2016 Mitigating Risk: Key Litigation Developments

Co-Author, "AAA Now Requires Pre-Approval and Registration of Arbitration Clauses in Consumer Agreements, including Website Terms & Conditions," D&G Litigation Alert, September 2015

Co-Author, "New York Federal Court Reminds Litigants of the Limits of the Attorney-Client Privilege," D&G Litigation Alert, January 2015

Co-author, "The Telephone Consumer Protection Act: Privacy Legislation Gone Awry?Intellectual Property & Technology Law Journal, October 2014

Co-Author, "Supreme Court Clarifies Who Can Asset a Federal Claim for False Advertising," D&G Intellectual Property Litigation Alert, April 2014

Co-Author, "A Strategy for an Early Challenge to the Class Action Complaint: The “Motion to Strike"," D&G Litigation Alert, February 2013

Co-Author, “Supreme Court to Decide if False Advertising Claims are Limited to Just Direct Competitors,” D&G Intellectual Property Litigation Alert, July 2013

Co-Author, "Court Flags Historical Use of NFL Team’s Former Logo in Video Game as Infringing," D&G Intellectual Property Litigation Alert, December 2012

Co-Author, "District Court Ruling May Lead to Increased Dodd-Frank Retaliation Suits," D&G Litigation Alert, December 2012

Co-Author, "The Increased Importance of Non-Compete Agreements for Accounting Firms," The CPA Journal, August 2012

Co-Author, "Overzealousness in Asserting Copyright Claims over User-Generated Content can be Costly," D&G Litigation Newsletter, Spring 2009

Author, "The Pitfalls Of "Term Sheets" And "Preliminary Agreements,"" D&G Litigation Newsletter, Winter 2009

Co-Author, "Punitive Damages Available for Infringement?," New York Law Journal, January 24, 2005

PROFESSIONAL MEMBERSHIPS/AFFILIATIONS

American Bar Association
New York State Bar Association
New York City Bar Association
Federal Bar Council

BAR ADMISSIONS

New York
U.S. District Courts, Southern and Eastern Districts of New York

EDUCATION

Fordham University School of Law, J.D., 2002
Brandeis University, B.A., cum laude, 1997