Quinn Emanuel Urquhart & Sullivan, LLP


David Elsberg David Elsberg Quinn Emanuel 51 Madison Avenue, 22nd Floor New York New York 10010 work(212) 849 7000 davidelsberg@quinnemanuel.com Download vCard New York Office Tel: 212-849-7000 Fax: 212-849-7100 davidelsberg@quinnemanuel.com Practice Areas Banking and Financial Institution Litigation Domestic and International Arbitration & Mediation Employment Litigation and Counseling Insurance and Reinsurance Litigation Investment Fund and Fund Advisor Litigation Education Harvard Law School (J.D., magna cum laude, 1995) Harvard Law Review: Supervising Editor, 1994-1995 Editor, 1993-1994 Duke University (B.A., summa cum laude, Phi Beta Kappa, 1992) Publications and Lectures Adjunct faculty member at Columbia Law School. Faculty Member and Lecturer, "Response to Ponzi Schemes: Alternative Investment Funds under Scrutiny," 6/30/09, NYC PLI Center. "Statute-of-Limitations Arbitrability: Departing from Rule," New York Law Journal, 7/10/07 “Validity of Pacts With Arbitration Clauses: Courts Split,” New York Law Journal, 12/18/06 “Second Circuit Bucks Trend On Arbitration Subpoenas,” New York Law Journal, 7/6/06 “Arguing Arbitrability After 'Buckeye', ” New York Law Journal, 4/7/06 “Public Policy Trumps Arbitration Clauses and Statutes, ” New York Law Journal, 3/6/06 “Incorporation of Arbitration Clauses,” New York Law Journal, 1/6/06 “Expansive View of Territorial Reach of Arbitration Subpoenas,” New York Law Journal, 9/19/05 “Courts Split on Decision-Making Power Between Court, Arbitrator,” New York Law Journal, 7/22/05 “Federal Arbitration Act vs. New York State Arbitration Law,” New York Law Journal, 5/26/05 “District Split: Arbitrators, Non-Parties, Pre-Hearing Discovery,” New York Law Journal, 11/10/04 “Confronting the New Challenges of Scientific Evidence,” 108 Harvard Law Review 1481 (1995) (co-author of Introduction) “Excessiveness Review for Capital Defendants After Honda Motor Co. v. Oberg,” 108 Harvard Law Review 1305 (1995) “Punitive Verdicts – Judicial Review of Jury-Imposed Punishments,” 108 Harvard Law Review 191 (1994) “Arbitration – Consolidation of Separate Proceedings,” 107 Harvard Law Review 499 (1993) Awards Mr. Elsberg was awarded Law360’s 2011 “MVP” award for winning some of the largest verdicts and settlements in securities cases, recognizing Mr. Elsberg as a “legal superstar” and noting in particular Mr. Elsberg’s “artful and measured cross-examination style and his tireless attention to detail.” Named by SuperLawyers as a top business litigator in the New York Metro area. The Highest AV “Preeminent” Rating in Martindale-Hubbell for Legal Abilities and Ethics in the Practice Area. Prior Associations Law Clerk to the Hon. Amalya L. Kearse, United States Court of Appeals for the Second Circuit, 1995-1996 Admissions Member, The State Bar of New York; United States District Court: Southern District of New York, Eastern District of New York	Send to a friend Biography Mr. Elsberg was awarded Law360’s 2011 “MVP” award for winning some of the largest verdicts and settlements in securities cases, recognizing Mr. Elsberg as a “legal superstar” and noting in particular Mr. Elsberg’s “artful and measured cross-examination style and his tireless attention to detail.” Mr. Elsberg has been named by SuperLawyers as a top business litigator in the New York Metro area. In addition to being an accomplished trial lawyer, Mr. Elsberg has published numerous scholarly articles, including in the New York Law Journal and the Harvard Law Review. He also clerked on the U.S. Court of Appeals for the Second Circuit. Additionally, Mr. Elsberg is an adjunct faculty member at Columbia Law School. Representative Clients Abu Dhabi Investment Authority Rosen Capital hedge fund Schwab Washington Mutual, Inc. Notable Representations Represented the Rosen Capital hedge fund against Merrill Lynch in a FINRA arbitration that resulted in an award of nearly $80 million (including interest)—which the Wall Street Journal described as one of the largest investor arbitration awards on record. In the arbitration, Rosen Capital alleged that during the market turmoil in late 2008, Merrill Lynch made improper margin calls and otherwise mishandled the hedge fund’s prime brokerage account. See 7/11/11 Wall. St. Journal, “Arbitration Panel Favors Hedge Fund Over Merrill,” p. C2. Currently special counsel to Washington Mutual, Inc. in its multi-billion dollar lawsuit against JPMorgan Chase concerning the forced sale of WaMu, which involves allegations of billions of dollars in alleged preferences and fraudulent transfers. Won a complete defense verdict—the plaintiff was awarded zero—in a month-long jury trial in N.Y. State Supreme Court which concluded in October 2011. The jury determined that our client should pay nothing on plaintiff’s claims for breach of contract and conversion. Represented a global telecommunications company in a multi-billion dollar patent and contract dispute concerning the technology used in mobile telephones worldwide, which included arbitrations before the American Arbitration Association, court actions in Delaware, Wisconsin and Texas, and numerous additional proceedings worldwide including before the International Trade Commission. BusinessWeek described the case as the "longest running, highest-stakes poker game in the history of the mobile industry" (7/24/08). All matters were settled globally. Represented AIG in a multi-pronged dispute with former AIG CEO Maurice "Hank" Greenberg, C.V. Starr & Co., Inc. and various Starr affiliates concerning the ownership of more than $1 billion in insurance and reinsurance business – including multiple federal and state court actions and arbitrations involving issues of contract, insurance, agency, corporate governance, employment and trademarks. All sixteen matters were settled globally. Represented a preeminent national law firm against claims by a producer of major motion pictures that the law firm allegedly failed adequately to investigate and warn the client of risks involved in the underlying transaction. All claims were dismissed. Represented the Knicks against former coach Larry Brown in a $40 million dispute concerning the termination of Mr. Brown's employment, which was arbitrated before NBA Commissioner David Stern. See 11/09/06 L.A. Times 7 (reporting that the parties had settled and the "the payout is $22.5 million less than the $41 million that remained on the five-year, $50-million contract Brown signed in July 2005 with the Knicks").