David D. Howe
Partner
Direct tel. (212) 986-7888
david@livingstonhowe.com
Download vCard
Education
Yale University, B.A. 1979.
Cornell Law School, J.D. 1982.
Bar Admissions
New York, 1983.
Federal: Southern and Eastern Districts of New
York; Second and other Federal Circuits.
Livingston Howe LLP
747 Third Avenue, 20th Floor
New York, New York 10017
Tel. (212) 986-7887
David Howe offers a broad range of experience in business litigation. David has litigated hundreds of court cases and arbitrations on behalf of clients such as multinational corporations, mid-sized and small businesses (both domestic and foreign), not-for-profit and educational institutions, individuals, and decedents' estates, both as plaintiffs and defendants. His cases have involved a wide range of subjects including contract disputes, antitrust, international trade, securities fraud, RICO, commercial real estate, art and auction law, employment law (including non-compete agreements) and insurance law.
David has represented a large number of non-U.S. businesses and their U.S. affiliates. His experience in international litigation includes cases involving personal jurisdiction, choice of law, forum non conveniens, the Federal Arbitration Act, the New York Convention, the Hague Conventions (service of process and gathering evidence abroad), the Foreign Sovereign Immunities Act, and the international enforcement of judgments. He has been involved in a variety of contested proceedings outside of the U.S.
David also counsels clients on commercial and contract issues, government and internal investigations, employment relations, and the non-litigated resolution of disputes.
Prior to forming Livingston Howe LLP, David was a partner for a total of 18 years at Gilbert, Segall and Young LLP and Holland & Knight LLP, and had a solo law practice. He has lectured on American law at the University of Helsinki and the University of Lapland (Finland). He is a Trustee of The Children's Village and a Member of the Board of Education of the Greenburgh Eleven Union Free School District in Dobbs Ferry,
New York.
REPRESENTATIVE MATTERS
Current active matters include: representing the purchaser as plaintiff in an action involving a contract to acquire a hotel project in Manhattan, including motions for emergency relief; representing a U.K. brokerage house in defense of fraud claims, including issues of personal jurisdiction; representing a partner in a real estate venture in an action to compel financial disclosure from managing partner; representing terminated employees in breach of contract disputes; representing Nokia Corporation a long-running, complex fraud action involving a Turkish cellular service provider (see Nokia Corp. v. Uzan, 425 F.3d 1005 (2d Cir. 2005); Motorola Credit Corp. v. Uzan, 561 F.3d 123 (2d Cir. 2009)).
Recently-concluded matters include: defense of auction house in a dispute over the authenticity of an item sold at auction; represented plaintiff retail store owners in a dispute with a software vendor over the theft of customers' credit card data; represented an on-line vendor in a dispute with a former senior employee regarding post-employment unfair competition; acted as counsel to a college faculty committee in protracted internal hearings and related litigation concerning the termination of a tenured faculty member for plagiarism.
Significant matters handled at prior firms include:
Lead counsel for plaintiff, decedent's estate, in a landmark case in which the court upheld allegations that a stranger-owned life insurance ("SOLI") transaction violated the New York Insurance Law. Life Product Clearing LLC v. Angel, 530 F.Supp.2d 646 (S.D.N.Y. 2008).
Represented an inventor in a dispute with a licensee; successfully compelled non-signatories to the license agreement (who were affiliates of the named licensee) to arbitrate, on the ground that they had derived direct benefits from the license agreement. In re SSL International, LLC (Langer, Inc. v. Zook), 843 N.Y.S.2d 264 (App. Div. 1st Dep't 2007).
Represented a publicly-traded corporate borrower in several related actions involving a series of convertible promissory notes. Among other rulings, the court held that a provision in a note calling for payment of $2,000 per day following default was an unenforceable penalty. Bui v. Industrial Enterprises of America Inc., 836 N.Y.S.2d 870 (App. Div. 1st Dep't 2007).
Represented a large Swiss insurer in putative class actions filed in the federal court in New York by Holocaust survivors and their families, including extensive motion practice regarding forum non convenience and other procedural issues, as well as negotiating the client's participation in a claims resolution facility.