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Lawyers

David B. Toscano

Lawyers
Represents clients in a range of complex commercial disputes, including class actions, antitrust litigation, securities litigation and commercial contract claims.

David’s practice focuses primarily on class actions and complex litigation in federal and state courts nationwide. He has extensive experience in matters involving antitrust law, securities law, corporate governance, pharmaceutical pricing, contract disputes, accounting liability, legal malpractice and communications law. David’s clients span a wide range of industries and include financial institutions, major media companies, brand name pharmaceutical manufacturers, accounting firms, law firms, and other companies and professionals.

Experience highlights

  • Represents Novo Nordisk in cases filed nationwide – including putative class actions and lawsuits brought by government entities – involving RICO, antitrust, and state consumer protection law claims, all relating to the company’s setting of prices for its insulin medications; obtained dismissal of RICO claims in multiple successive complaints
  • Represents Novo Nordisk and its former officers in an alleged securities fraud class action
  • Represents Castleton in a commercial contract dispute brought in New York and Delaware state courts, which is currently being prepared for trial in New York
  • Represents Albemarle in arbitration arising out of the billion-dollar sale of a chemical business to Huntsman, including a two-week arbitration trial before three former federal judges and collateral litigation in New York State court
  • Secured a victory in the U.S. Supreme Court for Clearstream Banking in a $1.68 billion lawsuit brought by judgment creditors of Iran
  • Represented IBM and senior officers in appeals to the Second Circuit and U.S. Supreme Court in an ERISA suit alleging breach of fiduciary duty
  • Represented the U.S. Department of the Treasury in successfully defending litigation challenging the government rescue of AIG
  • Represented Comcast in:
    • Successfully obtaining summary judgment (after extensive discovery), disposing of a monopolization claim brought by a competitor in the advertising sales representation business
    • Successfully defending two lawsuits challenging certain territorial rules of the National Hockey League and Major League baseball (both of which were co-defendants); following a three-day hearing, the District Court denied certification of a damages class and granted a Daubert motion excluding plaintiffs' damages experts
  • Represented AstraZeneca in cases filed nationwide – including putative class actions and lawsuits brought by government entities – relating to the company’s pricing of its brand name prescription drugs
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Education
J.D., Columbia Law School
  • Harlan Fiske Stone Scholar
  • John M. Olin Fellowship in Law and Economics
  • Articles Editor, Columbia Law Review
A.B., Princeton University
  • magna cum laude
Clerkships
Law Clerk, Hon. Ruth Bader Ginsburg, Supreme Court of the United States, 1994-1995
Law Clerk, Hon. Michael B. Mukasey, U.S. District Court, S.D. New York, 1994
Law Clerk, Hon. Kenneth Conboy, U.S. District Court, S.D. New York, 1993
Professional history
  • Counsel, 2006-present
  • Associate, 1992-1993 and 1998-2006
Qualifications and admissions
  • District of Columbia
  • State of New York
  • U.S. Court of Appeals, D.C. Circuit
  • U.S. Court of Appeals, Eleventh Circuit
  • U.S. Court of Appeals, First Circuit
  • U.S. Court of Appeals, Second Circuit
  • U.S. Court of Appeals, Seventh Circuit
  • U.S. Court of Appeals, Third Circuit
  • U.S. District Court, E.D. New York
  • U.S. District Court, S.D. New York
  • U.S. Supreme Court
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