David Fertig is a partner in Weil’s Litigation Department, where he has developed a reputation for partnering with global clients across industries to defend their most sophisticated, complex financial investments and secure their core business assets and technology – including, among others, Lehman Brothers’ derivative positions, Sanofi’s drug development pipeline, GE’s international infrastructure and energy investments, and Thomson Reuters’s market data and content licenses.
Mr. Fertig’s practice spans complex commercial litigation, including class actions and MDL proceedings, in state and federal trial and appellate courts around the country, arbitration proceedings in a variety of domestic and international fora, intellectual property disputes, including before the US Patent & Trademark Office and Trademark Trial and Appeal Board, and pre-litigation counseling and alternative dispute resolution (ADR).
He has litigated a broad array of matters for clients in the private equity, consumer and commercial finance, insurance, media, cosmetics, semiconductors and technology, pharmaceutical, and health care industries.
Over the past several years, Mr. Fertig has devoted a large share of his practice to defending long-standing client Lehman Brothers in a wide variety of bankruptcy-related litigation and ADR proceedings regarding the affirmative claims of the Lehman Estate pertaining to the former company’s portfolio of derivatives and other complex financial instruments.
He has previously defended the company and affiliates in multi-hundred million dollar disputes relating to insurance coverage, insurance claims adjustments, and real estate developments.
In one notable arbitration involving breach of contract and breach of fiduciary duty claims, Mr. Fertig secured a favorable award, following a week-long hearing, that exonerated Lehman Brothers of any wrongful conduct and awarded the company all of the costs, expenses and attorneys’ fees it incurred in defending against the petitioner’s claims.
Other clients which Mr. Fertig has represented and/or counseled include GlaxoSmithKline, Cosmair/Redken, UnitedHealth Group and its various affiliates, Yeshiva University, and the Randall’s Island Sports Foundation, Inc., among others.
Mr. Fertig joined Weil as a summer associate in 1996, and then as a full-time associate in September of 1997. Prior to joining the firm, he clerked as a summer intern for the Honorable Denise L. Cote, United States District Judge for the Southern District of New York, and from 1995 to 1996, he served as an intern in the United States Attorney’s Office for Eastern District of New York.
Mr. Fertig received his undergraduate degree in 1994 from Princeton University, where he was a William H. Cane Scholar and an Edward J. Bloustein Distinguished Scholar. He received his J.D. from Brooklyn Law School in 1997, where he was a Richardson Merit Scholar, a Markhoff Merit Scholar, and where he served as notes and comments editor on the Brooklyn Law Review.
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