Schwarz L. David

David L. Schwarz

Education

  • Harvard Law School, J.D., magna cum laude, 1998
  • Oxford University, New College, M.Phil. in Politics, 1995
  • Harvard College, A.B., magna cum laude, 1993

Clerkships

  • Law Clerk, Judge Patricia M. Wald, U.S. Court of Appeals, District of Columbia Circuit, 1998-1999

Admitted

  • 2000, California
  • 2001, District of Columbia
  • 2003, Supreme Court of the US

David L. Schwarz guides clients nationwide in complex commercial and securities litigation, providing strategic advice and representation across a spectrum of civil, criminal, and regulatory disputes. 

David has served as lead counsel in numerous state and federal cases.  His work includes representing companies and individuals in multidistrict litigation, high-stakes arbitration, criminal and civil regulatory investigations and proceedings involving the Department of Justice, the Securities and Exchange Commission, the Federal Trade Commission, and numerous state regulatory agencies. 

Most recently, David served as trial counsel representing a major U.S. manufacturer in a dispute against a foreign manufacturer involving the termination of a multi-billion-dollar merger agreement and joint venture.  He additionally represented multiple directors of Juul Labs, Inc. in complex multidistrict and consolidated litigation in federal and state court, and secured dismissal of separate actions brought by Attorneys General in New York, Colorado, and North Carolina.  

Representative Experience

  • In re Bank of New York Mellon Forex Foreign Exchange Transactions Litigation (S.D.N.Y.).  Represented The Bank of New York Mellon in domestic and international litigation and government investigations challenging foreign exchange services provided to customers.  David helped lead the Kellogg Hansen team, and they obtained dismissal of multi-billion-dollar False Claims Act suits brought in California, Virginia, New York, and Massachusetts.
  • Served as trial counsel in a successful private arbitration involving disputes over the division of a multi-billion-dollar hospitality group.
  • iHeart Communications, Inc. v. Benefit Street Partners, et al.(Tex. Dist. Ct. Bexar Cnty.).  Served as trial counsel representing iHeart Communications, Inc. in a dispute with noteholders who had issued notices of default to iHeart on more than $6 billion in debt.  Obtained temporary restraining order rescinding the notices of default and, after an expedited trial on the merits, won a declaratory judgment that the indentures governing iHeart’s notes permitted the challenged transaction and also won a permanent injunction rescinding the notices of default.
  • Jones v. Party City Holdco, et al.(S.D.N.Y.).  Served as lead counsel for Party City, its executives, and its private equity sponsor in a putative securities class action and derivative action challenging the Company’s initial public offering.  Obtained dismissal of both actions.