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Am Law 100 firm with practices in Business, Digital Assets and Data Management, Intellectual Property, Labor & Employment, Litigation and Tax.

Home | BakerHostetler

Fifth Circuit Strikes Down CTA Injunction, FinCEN Extends Deadline to Jan. 13, 2025

Bulls, Bears, and Blockchain™ – December 26, 2024

Blockchain Monitor

Weekly Blockchain Blog – December 23, 2024

What to Expect and How to Prepare: A Guide to Employing Foreign Workers in the Age of Trump

J.D., University of Michigan Law School, 2008, 

B.A., Johns Hopkins University, 

<ul>
<li>New York Metro Super Lawyers &#8220;Rising Star&#8221; (2014 to 2018)</li>
</ul>

New York

Discovery Advocate

New York Court of Appeals Confirms Attorney-Client Privilege Can Apply Without Anticipated/Pending Litigation or Client’s Affirmative Request for Legal Advice

FTC and DOJ Update Guidance Regarding Preservation of Data from Collaboration Tools and Ephemeral Messages

SEC and CFTC Show No Signs of Slowing Down Enforcement Actions for Financial Firms’ Use of Off-Channel Communications

‘Heed This Message’: Organizations That Fail to Contemplate Off-Channel Communications ‘Do So at Their Own Peril’

White Collar and E-Discovery Attorneys Illuminate Best Practices in Responding to Government Discovery Request

Court Declines To Compel Employer To Produce Data from Employees’ Personal Mobile Devices

SEC and CFTC Continue Crackdown on Financial Firms Over Off-Channel Communications

Google Sanctioned for Failure to Preserve Internal Chat Messages

Client and Counsel Sanctioned More Than $2.5 million for ‘Amateur Hour’ Discovery Ineptitude

DOJ Corporate Criminal Enforcement Updates Shine a Spotlight on Texts and Instant Messaging Applications as Potential Evidence

The Supreme Court Dodges—for Now—the Circuit Split on the ‘Dual Purpose’ Test for Privilege

James Sherer, David Choi and Csilla Boga-Lofaro author article on Technology Assisted Review

Businesses Must Contemplate Employees’ Use of Messaging Apps on Personal Devices

150 BakerHostetler Attorneys Named 2016 Super Lawyers; 91 Named Rising Stars

Bloomberg’s article “Madoff Victims to Get $322 Million in Trustee Payout” acknowledges BakerHostetler attorneys at announcement of fifth distribution plans

The Associated Press reports on BakerHostetler and the Madoff Recovery Initiative recoveries of $10.5 billion

CNBC reports on BakerHostetler and the Madoff Recovery Initiative in article Madoff Recoveries Top $10 Billion With New Settlement, “… an amount virtually no one thought possible”

BakerHostetler talks with USA Today about the SIPA Trustee’s fourth pro rata interim distribution; states Madoff Recovery Initiative nears $6 billion in distributions to allowed claimants

BakerHostetler’s settlement with JPMorgan Chase and the ongoing Madoff Recovery Initiative Discussed on National Public Radio’s All Things Considered

BakerHostetler appears on NPR’s All Things Considered to discuss Madoff Recovery Initiative; host Robert Siegel interviews SIPA Trustee Irving Picard and his Chief Counsel David Sheehan

Madoff Recovery Initiative surpasses $5 billion in distributions to allowed claimants; CNBC’s Scott Cohn discusses latest recovery with BakerHostetler’s SIPA Trustee Irving Picard and his Chief Counsel David Sheehan

Madoff Recovery Initiative Marks Fourth Anniversary … Moves into Fifth Year Still Building Recovery Momentum

BakerHostetler’s work recovering more than half of the losses in the Madoff Ponzi scheme featured on WNYC in interview on The Brian Lehrer Show

Press Release: Second Interim Distribution of Recovered Funds to Madoff Claim Holders

Press Release: United States Supreme Court Denies Certiorari, Upholding Net Equity Decision in BLMIS Liquidation

The Wall Street Journal showcases BakerHostetler and the “unprecedented magnitude” of the global recovery efforts in article “The Madoff Liquidation, Three Years Later”

Press Release: Initial Interim Distribution of Recovered Funds to Madoff Claims Holders

E-Discovery Advocacy and Management

Commercial Litigation

Litigation

Web3 and Digital Assets

<ul>
<li>On behalf of the SIPA trustee for the liquidation of Bernard L. Madoff Investment Securities LLC, engaged in extensive pretrial litigation preparation, including fact investigations; negotiating settlements; working with counsel in foreign jurisdictions to recover assets transferred abroad; and drafting pleadings, legal briefs and research memoranda.</li>
<li>Engaged as discovery counsel for a multinational healthcare company in a matter involving state court lawsuits in nearly every U.S. state, a federal multidistrict litigation and numerous other federal and state government inquiries.</li>
<li>Member of the SIPA trustee&#8217;s Discovery Management Team that coordinates discovery issues for more than 1,000 actions while implementing state-of-the-art commercial and proprietary systems.</li>
<li>Provides counsel on best practices for information governance, including efficient data management, document retention/preservation policies and litigation preparedness to minimize the costs and disruptions associated with discovery.</li>
<li>Provides counsel on compliance with international data transfer restrictions and data localization requirements, including through the use of cross-border transfer mechanisms (such as the EU-U.S. Privacy Shield Framework) and private contracts.</li>
<li>On behalf of national food packaging company, litigated and settled under favorable terms a commercial contract dispute with a supplier.</li>
<li>Represented finance executive in successfully asserting civil rights claims under 42 U.S.C. § 1983 (First Amendment retaliation) against government officials who compelled client’s wrongful termination. After unanimous jury verdict in client’s favor for over $18 million, settled claims for $15 million.</li>
<li>Represented parents of special-needs child against insurance company that had, prior to legal representation, twice denied parents’ claims seeking assisted care and specialized education for child. When retained for third and final appeal, obtained, without litigation, full coverage of assisted living and educational services clients sought for child.</li>
<li>Represented client that secured a licensing agreement for a well-known international celebrity. Client served as celebrity’s broker who arranged lucrative licensing agreement between celebrity and a well-known apparel manufacturer (permitting use of celebrity’s name and likeness on apparel). Client initiated lawsuit after celebrity refused to pay commissions as stipulated under verbal agreement. Despite absence of a signed contract between the client and celebrity, successfully survived celebrity’s motion to dismiss on all counts.</li>
<li>Represented condo unit owner who was precluded by condo board from selling unit to prospective buyer. Condo board threatened to withhold approval of sale until several terms and conditions were met. Without need for litigation, successfully obtained approval from condo board to allow sale without terms and conditions.</li>
<li>As Chair of the New York City Bar Association’s Subcommittee on Cybersecurity, gave presentations on developments in the law and provided guidance/opinions to the Bar and outside organizations upon request.</li>
<li>As a member of the New York City Bar Association’s Information Technology and Cyber Law Committee, attends monthly meetings and gives presentations on online advertising, cybersecurity, privacy and Internet architecture, including issues related to blockchain technology.</li>
</ul>

David Choi

David Choi

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