David McMillan is an associate in the firm’s litigation group whose practice centers on class action defense, securities litigation, bankruptcy and other types of general commercial litigation.
David has worked extensively on a number of high-profile fraud cases involving the financial industry, including representation of the SIPA Trustee for the liquidation of Bernard L. Madoff Investment Securities LLC (BLMIS).
As part of the SIPA Trustee’s team advancing the global effort to trace and recover assets for Madoff’s defrauded customers with allowed claims, David has deconstructed BLMIS’s books and records; initiated multimillion-dollar lawsuits against financial institutions, funds, and other sophisticated investors in the United States and abroad; and litigated a range of issues in securities and bankruptcy law.
He also defends clients in significant securities-related government investigations and securities fraud class actions, including a high-profile matter arising from derivatives trading losses at a major international bank.
David has spoken on a number of panels discussing cutting-edge issues in class action law, and writes frequently on current trends in class action and securities litigation. He considers himself a strategy-driven, creative litigator who aims to deliver cost-effective and meaningful solutions for his clients.
- Represents former London-based JPM managing director whose cooperation was sought in the investigation related to a multibillion-dollar trading loss for the bank. Helped secure rare nonprosecution agreement with U.S. Department of Justice and agreements with other regulatory authorities by providing valuable factual analyses and assessments regarding securities derivatives trading in JPM’s Chief Investment Office.
- Defended medical director of major pharmaceutical company in multimillion-dollar securities fraud class action, in which dismissal was obtained via summary judgment following Supreme Court’s decision in Halliburton.
- Represented nonpartisan public policy research foundation in amicus brief before the U.S. Supreme Court in Tyson Foods v. Bouaphakeo, which deals with the constitutional viability of “trial by formula” to determine liability and damages in wage-hour class actions.
- Obtained dismissal of tort and unjust enrichment claims on behalf of an internet server hosting company that fell victim to a “phishing” attack, resulting in the loss of client data.
- Obtained class certification and defeated a motion to dismiss on behalf of a class of Colorado Medicaid enrollees in action challenging Colorado Medicaid restrictions on coverage of Direct Acting Antiviral medications for chronic Hepatitis C.
- Represented nonpartisan public policy research foundation in amicus brief before the U.S. Supreme Court in Pena v. Taylor Farms, arguing that courts should only certify class actions based on evidence that would otherwise be admissible at trial.
- American Bar Association: Litigation Section
- New York State Bar Association
- Massachusetts Bar Association
- J.D., Fordham University School of Law, 2009, cum laude
- M.S., Pace University, 2006
- B.A., Cornell University, 2004, with distinction
- New York, 2010
- Massachusetts, 2010
- Colorado, 2018
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