David J. Abrams is a litigator whose practice focuses on complex commercial and product liability cases. He has extensive experience representing companies and investors in the securities, chemical, telecommunications, financial, real estate, insurance, consumer product, pharmaceutical and medical device industries, in various structured products, commercial, product liability and toxic tort matters. He has defended numerous product liability and consumer class actions, and has represented plaintiffs as well as defendants in individual and consolidated actions in state and federal courts around the country, including multi-district litigation proceedings. David has been repeatedly recognized as a leading practitioner by Super Lawyers in the area of Business Litigation and by Best Lawyers in the field of Mass Tort Litigation/Class Actions.
Recently, David’s practice has focused on litigation stemming from the financial crisis. He represents indenture trustees in numerous mortgage loan repurchase actions involving residential mortgage-backed securitizations (RMBS), and has represented the Federal Housing Finance Agency and the Federal Home Loan Mortgage Corporation (Freddie Mac) in various RMBS-related matters.
David is also Chair of the firm’s Pro Bono Committee. David arranges for a wide variety of pro bono opportunities for firm attorneys, works closely with public interest organizations that refer matters to the firm, and both directly litigates and supervises numerous firm attorneys on pro bono matters. David serves on the Board of Directors of the New York Lawyers for the Public Interest and is a member of the Advisory Board of Disability Rights Advocates. David has been the recipient of The Legal Aid Society’s Public Interest Law Leadership Award. He was also selected as a finalist in the Veteran category for the Federal Bar Council’s Thurgood Marshall Award for Exceptional Pro Bono Service, honoring his work in developing and building Kasowitz’s award-winning pro bono program. Under his leadership, Kasowitz attorneys have participated in increasing numbers in the firm’s pro bono program, representing pro bono clients in a wide variety of substantive areas such as immigration, housing, matrimonial and disability rights.
Prior to joining Kasowitz, David clerked for the Honorable Michael H. Dolinger, U.S. Magistrate Judge for the Southern District of New York.
- Alaskan Reefer Management and Kloosterboer International Forwarding, shippers of frozen fish from Alaska, in securing a pathbreaking preliminary injunction in the District of Alaska enjoining the U.S. government from assessing penalties for alleged Jones Act violations while the legality of already assessed penalties is adjudicated.
- U.S. Bank, as trustee of 13 RMBS securitization trusts, in actions seeking more than $6 billion for breaches of representations and warranties made by the sellers and loan originators with respect to the mortgage loans pooled in these securitizations. Defendants include affiliates of Credit Suisse, Morgan Stanley and UBS.
- The Federal Housing Finance Agency (“FHFA”), as conservator for Fannie Mae and Freddie Mac, in several actions in federal and state courts against numerous financial institutions arising out of defendants’ misrepresentations concerning residential mortgage-backed securities sold to Fannie Mae and Freddie Mac. In 2014, after completing discovery, prevailing on several critical pre-trial rulings and setting the case for trial, FHFA settled its action against Morgan Stanley for $1.25 billion.
- TPG, one of the world’s largest private equity firms, in various fraudulent conveyance and alter ego actions related to investments in a Greek telecommunications company.
- 1,300 coal miners in a consolidated action in Alabama arising from exposure to isocyanate-based products in underground coal mines. After a nine-day hearing, we successfully defeated the defendants’ motions for summary judgment, and the case settled favorably for the plaintiffs on the eve of trial.
- Preferred shareholders of a telecommunications company in a breach of contract action against a foreign operating company.
- CNA Holdings, Celanese Americas Corporation, Hoechst GmbH and Celanese GmbH, in multi-district litigation involving an alleged price-fixing conspiracy in the North American polyester staple fiber market.
- Hoechst Celanese, in defending lawsuits by hundreds of IBM employees alleging that chemical exposures from using an integral product in microchip manufacturing caused various cancers and birth defects.
- An Official Creditors' Committee in fraud, breach of fiduciary duty and tortious interference litigation against the company's public parent, officers, directors and outside advisors.
- A real estate investment company in claims against its lender and purchasers of a series of notes.
- A leading chemical company in a lawsuit brought by a deceased employee of a major semiconductor manufacturer who claimed that his cancer was caused by chemical exposure.
- FINRA arbitrations brought on behalf of purchasers of auction rate securities products sold by major investment banks.
- Defense of leading smoke detector manufacturer in consumer class actions alleging improper design and failure to warn.
- Defense of major life insurance company in consumer class actions and individual lawsuits relating to improper sales practices.
- Defense of medical device manufacturer in various product failure cases.
- Defense of generic drug manufacturer in class actions and individual claims relating to a product manufacturing defect.