Dave Kolker focuses on trial and appellate work in general commercial litigation, securities litigation, internal investigations, bankruptcy and white-collar matters in state and federal court. He works with clients in a variety of industries through all phases of litigation, from motion practice and discovery, through settlement or trial and appeals. Dave has also worked on several pro bono immigration matters.
During law school, Dave served as a law clerk with the United States Department of Justice and with the Maryland Office of the Public Defender.
Recent Notable Matters
Individual — lead associate on a team representing minority owner of a privately-held company in a contest for corporate control
Power plant operator — member of a team representing company and its affiliated debtors in possession in their chapter 11 cases in the U.S. Bankruptcy Court for the District of Delaware
Individual — lead associate on a team representing client in connection with class action lawsuits and government investigations involving allegations of insider trading
Global asset management company, its chief executive officer and a publicly-traded affiliate — member of a team representing clients in a shareholder class action challenging the fairness of a merger transaction under Delaware law
Second lien group — member of a team representing creditor in bankruptcy litigation and restructuring in Chapter 11 proceeding related to construction equipment rental business in U.S. Bankruptcy Court for the District of Nevada
Large computer software company — member of a team representing company in connection with several New York State and City investigations and subpoenas served by several regulators; investigations concluded without any adverse action against the company
Multinational bank — lead associate on a team representing bank in connection with various investigations conducted by the DOJ, SEC and FINRA
Victim of human trafficking — represented client in obtaining a T-Visa to legally work and reside in the U.S.
Publications and Speeches
“Getting Trial Ready Is a Marathon, Not a Sprint; In the Courtroom,” New York Law Journal, October 2016.
“New York Adopts Delaware Standard for Going-Private Transactions,” BNA Corporate Law & Accountability Report, May 2016.
“Delaware Court Establishes ‘Taxonomy’ For Controlling Stockholder Claims,” Transaction Advisors, November 2014.
“Second Circuit Clarifies the Limits on the Extraterritorial Application of U.S. Securities Laws,” Financial Fraud Law Report, September 2014.
“Delaware Supreme Court Confirms the Path to Business Judgment Review in Controlling Stockholder Transactions,” Transaction Advisors, April 2014.
“Supreme Court Holds That Proof of Materiality is Not a Prerequisite to Certification of Fraud-on-the-Market Securities Class Actions,” Consumer Finance Law Quarterly Report, Vol. 67, Nos. 1 & 2, 2013.