David E. Potter
Partner
Litigation
Direct: (212) 784-2402
David Potter primarily handles commercial litigations. He has conducted over 30 jury trials and numerous appellate arguments in state and federal courts. He also represents clients in arbitrations and other alternative dispute forums. For over 20 years, Mr. Potter has been a faculty member for the National Institute of Trial Advocacy and the Hofstra University Trial Techniques Program.
Mr. Potter also regularly advises employers and employees on a variety of matters related to employment contracts, non-competition and trade secret agreements, employee termination, employment handbooks and equity plans.
Education and Court Admissions
St. Lawrence University (BA 1982)
Albany Law School at Union University (JD, Order of the Barristers, 1986)
Admitted in the States of New York and Massachusetts, the District of Columbia, the United States District Courts for the Southern and Eastern Districts of New York and the United States Court of Appeals for the Second Circuit
Representative Cases
● Defended Lloyds’ Underwriters in the litigation of a multi-million dollar fidelity bond claim in New York State Supreme Court;
● Prosecuted action for breach of an employment agreement and a declaration of the non-enforceability of a non-compete clause in the United States District Court, Southern District of New York;
● Defended foreign company in a misappropriation of trade secrets case in the United States District Court, Northern District of California;
● Defended individual against claims of breaches of fiduciary duty and a non-solicitation agreement before the Financial Industry Regulatory Authority (FINRA);
● Defended law firm partner in a breach of a guarantee of lease agreement suit in New York State Supreme Court;
● Represented real estate developer in seeking substantial delay damages against contractor in New York State Supreme Court;
● Arbitrated breach of employment agreement claim on behalf of an employee related to alleged termination for cause under the agreement;
● Defended insurance company in a complex insurance coverage and bad faith claim in Pennsylvania Court of Common Pleas.
