Dave Shargel is a business litigator with extensive experience representing clients in complex commercial disputes and arbitrations, and has built his practice representing clients in a wide range of business sectors and circumstances. His experience includes litigating contract disputes, shareholder disputes, business valuation, insurance coverage, civil RICO, and fraud. He also handles real estate, construction and employment disputes as well as matters involving constitutional law such as under the Commerce and Due Process clauses. He also has experience defending consumer class actions, such as those involving the Americans with Disabilities Act (ADA) and food labeling.
Additionally, as co-head of the firm's ePractice Department, Dave assists firm attorneys with eDiscovery best practices and guidance, as well as case-specific discovery strategy and management. Dave is also a member of the firm's COVID-19 Crisis and Recovery Task Force, advising clients on various issues related to the impacts of the coronavirus pandemic, including matters related to the government's stimulus loan programs.
Dave devotes his pro bono efforts to clients in a variety of subject matters, including asylum, landlord-tenant disputes in New York City Housing Court, and assisting injured combat veterans in connection with disability benefit proceedings. He also serves as deputy to the Village Attorney for the Villages of Rockville Centre, New York prosecuting traffic and other infractions in the Village court.
Prior to joining Bracewell, Dave served as a law clerk to U.S. District Judge Richard M. Berman of the U.S. District Court for the Southern District of New York.
Recent Notable Matters
FTX US Derivatives — advising on various regulatory and commercial matters
International Travel Agency — obtained dismissal of claims alleging company website’s non-compliance with Americans with Disabilities Act
Financial Technology Firm — defended against former managing director’s fraudulent inducement and labor law claims in AAA arbitration
CARES Act Loan Programs — advising lenders and borrowers on documenting and other aspects of the loan programs offered under the US Coronavirus Aid, Relief, and Economic Security Act (CARES Act)
Real Estate Investment Firm — defending against claims of breach of fiduciary duty before the Delaware Chancery Court*
Plumbing Fixture Manufacturer and Distributor — buyout proceeding under Section 1118 of the New York Business Corporation Law*
Cosmetics Company — defending against claims alleging usurpation of a corporate opportunity*
Securities Firm — defending against claims by a former employee alleging breach of contract and fraud*
Seafood Distributor — defending company and its owners against claims brought by the estate of a deceased partner*
Private Equity Fund — several actions involving a Brazilian cargo airline
Insurance Carrier — dispute concerning the availability of D&O insurance coverage
Private Equity Fund — derivative action involving a California aerospace company
FINRA Member Firms — various types of FINRA arbitrations, including employee and industry disputes
* Work completed prior to Bracewell
Publications and Speeches
“Valuing a Business,” Commercial Litigation in New York State Courts, 2020 edition.