David T. McTaggart

David McTaggart is a commercial litigator with trial and appellate experience in courts throughout the United States and before the AAA. He has successfully represented individuals and an array of businesses including film production companies, financial institutions, hospitals, insurance companies, professional sports leagues, real estate developers, record labels and telecommunications providers.

Mr. McTaggart helps his clients solve business problems. Whatever the legal issue – breach of contract, corporate disputes, employment law, fraud, insurance coverage, intellectual property, or securities law – Mr. McTaggart develops creative and efficient solutions based on a realistic assessment of the facts and applicable law.

He has taken trials to verdict and his successes include numerous multimillion-dollar recoveries, two of which substantially exceeded limitation-of-liability clauses invoked by the defendants.

Mr. McTaggart also has secured dismissal of claims brought against his clients and, where outright dismissal was not an option, he has secured settlements for his clients by demonstrating a firm grasp of the issues and readiness to fight for his clients’ best interests.

Mr. McTaggart is a graduate of New York University School of Law, where he was notes development editor of the New York University Law Review, and is a magna cum laude graduate of Vanderbilt University.

Representative Matters:

• Secured nuisance-value settlement in AAA arbitration days after deposing damages expert who valued restrictive covenant dispute in high eight figures.
• Obtained dismissal of derivative action on behalf of Delaware LLC and its majority member.
• Secured substantial settlement for opt-out institutional investors alleging securities fraud in connection with Wachovia collapse.
• Represented individuals and companies in numerous internal investigations prompted by federal securities and False Claims Act investigations.
• Secured substantial settlement for software company in software license dispute before AAA.
• Defeated motion for temporary restraining order seeking to prevent Major League Soccer from hosting exhibition match.
• Advised entertainers, authors, record labels and publishers of rights under copyright law, right of publicity and defamation law.
• Secured settlement for video production company in mediation with excess liability carriers in connection with wrongful death suits arising out of death of R&B star Aaliyah.
• Represented World Trade Center Properties entities and Silverstein entities in successful coverage litigation arising from destruction of World Trade Center.
• Represented both insureds and insurers in numerous non-litigated CGL coverage disputes.

Admissions:

• New York
• U.S. District Court for the Southern District of New York
• U.S. District Court for the Eastern District of New York
• U.S. Court of Appeals for the Second Circuit

Board Memberships:

• NYC Bar – Commercial Law and Uniform State Laws Committee
• The Legal Aid Society – New Leadership Board (charter member)
• NYU Law Reunion Committee