David S. Frydman

Member

David S. Frydman has maintained a consistent professionalism and excellence in his more than 20 years of litigating complex business disputes. A tenacious advocate of his clients’ interests, David has a wealth of experience appearing before the state and federal courts, arbitration forums and regulatory bodies such as FINRA, the SEC and the AAA. Reflecting his commitment to providing aggressive and cost-effective legal services, David counts among his clientele numerous longstanding relationships spanning the better part of his career. Because of his consistent track record and noted ability to craft and execute imaginative and winning strategies, David has also enjoyed longtime referral relationships with major law firms across the country.

David started his career prosecuting securities fraud class actions and corporate derivative claims on a nationwide basis, and has continued to concentrate his practice in securities litigation representing investors, funds, broker-dealers, banks, placement agents, issuers and other participants in the finance markets. David also routinely litigates complex commercial issues, corporate disputes and real estate matters. In his broader commercial and corporate litigation practice, David’s clients include entities and high net worth individuals in a wide variety of industries, including real estate development, manufacturing, technology, entertainment, dot-com and professional services.

In addition to his litigation practice, David serves as a trusted advisor and outside general counsel supplementing in-house counsel and working directly with management to provide innovative and smart solutions for his clients’ myriad regulatory, risk management and legal concerns. David also provides corporate services such as drafting and negotiating agreements, preparing templates for business forms and negotiating severance and employment agreements for finance industry professionals moving between firms.

Prior to joining Gusrae Kaplan in 2012, David most recently was the principal of his own boutique practice. David is AV Preeminent rated by Martindale-Hubbell. David is a graduate of Rye Country Day School, Tufts University and Brooklyn Law School. David donates his time to his local congregation, most recently on committees to advance awareness of the Holocaust and to nominate members to the board of trustees. David is also a longtime coach of Scarsdale youth soccer and basketball teams.

LITIGATION

Represented public company in defending claim by former officer for warrant and equity compensation.

Represented public company in defending against claim by “finder” for commission on PIPE transaction.

Represented significant hedge fund in trading dispute against institutional broker.

Represented private equity fund in prosecuting fraud claim against company that fund invested in resulting in seven figure consent judgment against prominent New York cosmetic surgeon.

Represent trader in FINRA arbitration concerning seven figure bond trading dispute. 

Represented registered representative in FINRA inquiry regarding allegations of trading away.

Represented accounting firm in connection with SEC subpoena and inquiry.

Represented accountant in PCAOB inquiry.

Represented secured creditor through successful trial verdict against transferee of well-known Manhattan restaurant resulting in recovery of principal, interest and attorneys’ fees.

Represented tax shelter professional in successfully obtaining dismissal of claim of placing plaintiff in abusive seven figure tax shelter.

Represent regional bank in banking litigation in New York.

Represented national title insurance company as creditor in bankruptcy case and related litigation involving large mortgage origination fraud, including dismissal of $50 million claim by defrauded warehouse lender and affirmance of dismissal on appeal. 

Represented significant family business in successful defense of “bet the company” litigation brought by supplier alleging unfair competition and Lanham Act violations.

Represented Chapter 7 Bankruptcy Trustee as special litigation counsel to prosecute claims held by corporate debtor.

Represent national scaffolding company in construction related disputes in New York area.

Represented shareholder group in “corporate divorce” litigation.

Represented joint venturer and manager of shopping center in successful defense of seven figure derivative claim alleging mismanagement, breach of fiduciary duty and waste of partnership assets.

Represented top fifty recording artist in successfully litigating claim against major label for recording royalties.

Represented certified public accountant in defense of cooperative’s claims of malpractice.

Represented sponsor/developer of ground-up condominium project in obtaining seven figure award against general contractor for construction delays and defects.

Represented condominium board of managers in litigation with contractor concerning faulty work on major façade renovation project.

GENERAL COUNSEL AND TRANSACTIONAL

Represented founding partner in negotiating seven figure severance from high profile private equity fund.

Represented senior officer in negotiating severance from major Wall Street bank and employment for new senior investment banking position at competing bank.

Represented fund manager in severance from hedge fund that was the subject of unrelated criminal insider trading claims.

Represent large privately held company as outside general counsel for dispute resolution, including various breach of contract claims.

Represent medium size family owned design build acoustical company with national sales force as outside general counsel, with duties that include counseling, drafting agreements and litigation services.

Represent medium size privately held document services company as outside general counsel, with duties that include counseling, drafting agreements, negotiating significant project agreements, negotiating significant office lease and litigation services. 

Represented large privately held dot-com company as outside general counsel, with duties that included counseling, drafting agreements and litigation services.