David Elsberg

Career

David Elsberg is a founding partner of Elsberg Baker & Maruri. David is a “go-to” trial lawyer with decades of successful experience trying cases through final judgment or verdict, as well as domestic and international arbitration hearings through final award. David is ranked among the top trial lawyers in the United States by a number of leading publications.

Chambers refers to David as “fabulously smart” and “fearless”—as well as “very creative, thoughtful and collaborative” and “an excellent litigator with a strong commercial sense.” Chambers notes David’s “impress[ive] … ability to communicate with the court very effectively" and describes him as “strategic and understated, yet able to be as aggressive and effective a litigator as you will ever encounter." Chambers also named David a “Leading Individual” in commercial litigation.

Law360 named David a Securities MVP, noting his “artful and measured cross-examination style.” Law360 also reports that clients describe David as “aggressive, passionate, and a first-rate thinker” whose “ability to read people and think numerous questions ahead is uncanny."

The Legal 500 named David a leading commercial litigator, reporting that he is “highly regarded for his trial practice.” The Legal 500 also reports that David “displays particular strength in financial litigation, including major bankruptcy and securities cases.”

David has been named a “Litigation Star” by Benchmark Litigation, a “Plaintiffs’ Lawyer Trailblazer” by the National Law Journal and one of the “500 Leading Lawyers in America” by Lawdragon. The New York Law Journal honored David with its “Distinguished Leader” award for “great performance while demonstrating clear leadership skills leading to positive outcomes.”

David represents a wide variety of clients, including private equity, venture capital, and hedge funds and their portfolio companies. David represents clients in disputes in a range of areas including fiduciary duties, corporate governance, control contests, corporate-entity “divorces,” crisis management, financial services and products, energy, life sciences, bankruptcy and insolvency, fraudulent transfer, and breach of indentures and other complex contracts. David is a veteran litigator in New York federal and state courts and the Delaware Court of Chancery, and he has also handled many litigations in other U.S. jurisdictions as well as international arbitrations.

Publications

Guest Lecturer on Securities Regulation at Harvard Law School, 2019.

Lecturer in Law at Columbia Law School, 2011-2018.

“International Arbitration: How To Win Your Arbitration And Enforce The Award,” (Panelist), 2013.

"Response to Ponzi Schemes: Alternative Investment Funds under Scrutiny," (Faculty Member and Lecturer) NYC PLI Center, 2009.

"Statute-of-Limitations Arbitrability: Departing from Rule," New York Law Journal, 2007.

“Validity of Pacts with Arbitration Clauses: Courts Split,” New York Law Journal, 2006.

“Second Circuit Bucks Trend on Arbitration Subpoenas,” New York Law Journal, 2006.

“Arguing Arbitrability After 'Buckeye,'” New York Law Journal, 2006.

“Public Policy Trumps Arbitration Clauses and Statutes,” New York Law Journal, 2006.

“Incorporation of Arbitration Clauses,” New York Law Journal, 2006.

“Expansive View of Territorial Reach of Arbitration Subpoenas,” New York Law Journal, 2005.

“Courts Split on Decision-Making Power Between Court, Arbitrator,” New York Law Journal, 2005.

“Federal Arbitration Act vs. New York State Arbitration Law,” New York Law Journal, 2005.

“District Split: Arbitrators, Non-Parties, Pre-Hearing Discovery,” New York Law Journal, 2004.

“Confronting the New Challenges of Scientific Evidence,” (Co-author of Introduction) 108 Harvard Law Review 1481, 1995.

“Excessiveness Review for Capital Defendants After Honda Motor Co. v. Oberg,” 108 Harvard Law Review 1305, 1995.

“Punitive Verdicts – Judicial Review of Jury-Imposed Punishment,” 108 Harvard Law Review 191, 1994.

“Arbitration – Consolidation of Separate Proceeding,” 107 Harvard Law Review 499, 1993.