David A. Kotler advises and represents clients in a wide range of complex corporate and commercial litigation matters involving the financial markets, contracts and business torts.
He also has represented a number of clients in class actions arising from the purchase/sale of securities and in derivative actions. Mr. Kotler has both trial and appellate experience.
He was recognized as a promising professional in the New Jersey legal community by the New Jersey Law Journal's "40 under 40" for 2008.
Significant Representations
- Representing Oppenheimer Funds and Oppenheimer Acquisition Corp. in more than a dozen class action lawsuits brought in several courts arising out the Madoff Ponzi scheme
- Representing the investment adviser, distributor and key officers of the Rydex Series Funds in a Section 11 class action brought by investors in an inverse mutual fund
- Representing Oppenheimer Funds Distributors, Inc. and several related entities/persons in a derivative action brought on behalf of two mutual funds that challenge the12b-1 payments made to broker-dealers
- Representing PIMCO Funds in a multi-billion dollar Commodity Exchange Act class action arising out of the alleged manipulation of the U.S. Treasury futures market
- Representing the former controller of AIG in various direct and derivative securities fraud actions
- Representing a long-short hedge fund in a state law RICO action alleging an improper short-selling scheme
- Representing Boehringer Ingelheim Pharmaceuticals in an arbitration arising out of a billion-dollar co-promotion agreement
- Representing Baxter Healthcare Corp. in several arbitration proceedings arising out of joint ventures for the commercialization of biological products
In addition to the foregoing matters, the following is a list of Mr. Kotler’s representative securities and related litigations:
- Steiner v. MedQuist, Inc., Civil Action No. 04-5487 (D.N.J.). Represented a former CEO in Section 10(b)/Rule 10b-5 class action
- In re IPO Securities Litigation, 21 MC 92 (S.D.N.Y.). Represented four issuers in Sec. 11 and Sec. 10(b)/Rule 10b-5 consolidated class action arising out of an IPO allocation process
- Heilman v. Baldino, Case No. MER-C-12808 (N.J. Ch. Div.). Represented the target company and its board of directors in shareholder litigation brought following a merger
- Ball, et al. v. Golf Host Resorts, Inc., Case No. 99-7532-CI-15 (Fla. Cty. Ct.). Represented the issuer of an alleged investment contract
- Ball v. Starwood Capital Group, L.L.C., et al., Case No. 01-8582-CI-15 (Fla. Cty. Ct.). Represented corporate and individual defendants in a veil piercing action arising out of
- an alleged breach of investment contract
- Raintree Resorts International, Inc. v. Starwood Hotels &Resorts Worldwide Inc., et al., No. H-02-3878 (D. Tex.). Represented equity investor Starwood Capital Group and several of its principals (including Barry Sternlicht) in a breach of fiduciary duty/tortious interference action
- H.I.G. Capital, L.L.C. v. Vestcom International, Inc., et al., Docket No. C-249-02 (N.J. Ch. Div.). Represented the successful bidder for a publicly traded company
- Olkey v. Hyperion 1999 Term Trust, Inc., 98 F.3d 2 (2d Cir.1996). Represented the issuer, a closed-end fund, in Section 11 and Section 10(b)/Rule 10b-5 class action
- Karpus v. Hyperion 1997 Term Trust, Inc., 1996 WL 668860 (S.D.N.Y. 1996). Represented the issuer, a closedend fund, in Sec. 11 and Sec. 10(b)/Rule 10b-5 class action; motion to dismiss granted.
In addition, over the last several years, Mr. Kotler has represented clients in many important commercial matters, including:
- The successful resolution of a multi-million dollar lawsuit brought against a publicly traded company arising out of its alleged breach of an asset purchase agreement
- The successful resolution of a multi-million dollar tortious interference and breach of fiduciary duty claim arising out of an Internet-based business
- The successful application of an adult living community to expand its facility in the face of a challenge under an antieviction statute (a case of first impression in New Jersey)
- On a pro bono representation, obtaining a substantial federal jury verdict for sexual harassment in favor of a former New York Police Department employee
Education
- Cornell University Industrial and Labor Relations School, B.A., 1990
- New York University School of Law, J.D., 1993, Staff Editor of the Annual Survey of American Law
Court Admissions
- United States District Court for the District of New Jersey
- United States District Court for the Southern District of New York
- United States District Court for the Eastern District of New York
- United States Court of Appeals for the Second Circuit
- United States Court of Appeals for the Third Circuit
- United States Court of Appeals for the Federal Circuit
- Supreme Court of the United States
Bar Admissions/Qualifications
Memberships
- Case Columnist, American Bar Association, Section of
- Litigation, Trial Evidence Subcommittee