David Sheehan is a seasoned trial lawyer who has received national recognition for his achievements in law and who remains at the forefront of major, ongoing global cases. Throughout his career, David has litigated cases in federal and state courts before judges and juries. He brings rich experience to his clients, including trial preparation for litigation and counseling clients accordingly, and he focuses his work in the areas of business litigation, bankruptcy, intellectual property and product liability. David is a fellow in the American College of Trial Lawyers and a Life Fellow of the American Bar Foundation.
Since December 2008, David has served as Chief Counsel to the Securities Investor Protection Act (SIPA) Trustee for the global liquidation of Bernard L. Madoff Investment Securities LLC (BLMIS), one of the largest financial frauds in U.S. history. As Chief Counsel, David oversees the unprecedented BLMIS liquidation on a global basis, managing more than 200 lawyers across the country as well as international legal teams, to investigate, unravel and reconstruct the Madoff fraud for the benefit of BLMIS customers with allowed claims. Under David's leadership, more than 1,000 lawsuits have been filed, involving approximately 4,000 defendants worldwide and seeking tens of billions of dollars in asset recovery. David is engaged daily in the full range of U.S. legal venues, including the U.S. Bankruptcy, District, Second Circuit and Supreme Courts, and in more than 30 international jurisdictions. As of May 1, 2013, the SIPA Trustee and his legal teams had recovered or entered into agreement to recover over $9.3 billion and distributed more than $4.630 billion to BLMIS customers with allowed claims. (For more information on the liquidation, visit www.madofftrustee.com.)
Earlier in his career, David focused primarily on product liability cases on behalf of major international corporations for products such as automobiles and major industrial equipment, acting as local and national counsel. David first became involved in the area of intellectual property with the representation of major pharmaceutical companies in the so-called “color wars,” protecting the trade dress of ethical pharmaceutical manufacturers. He went on to handle drug product liability cases for major pharmaceutical manufacturers on a national and local basis.
In addition, he has represented a major publishing firm in connection with copyright claims concerning application software related to an Internet portal as well as represented a major Internet portal in a trademark infringement action in connection with the naming of a spin-off business unit.
David served as a lieutenant in the United States Navy Judge Advocate General’s Corps from 1969 to 1973. He is deeply committed to providing legal services in support of the public interest and citizens’ rights. His career pro bono contributions were honored when he was awarded the Thurgood Marshall Award from the Association of the Bar of the City of New York for his work on death penalty cases.
David is recognized by his peers as a leading attorney in the New York metropolitan area. He was named a top 100 lawyer in the New York metropolitan area in The New York Times Magazine edition of “Super Lawyers” in 2011 and 2012. He has also been named one of the best lawyers for business litigation in the states of New York and New Jersey for several years by legal organizations and publications.
David has appeared on 60 Minutes, CNN’s Piers Morgan Tonight, CNBC’s Investigations, Inc. with Scott Cohn, NPR’s All Things Considered and WNYC’s Brian Lehrer Show, in addition to The New York Times, The Wall Street Journal, Associated Press, and other international publications in conjunction with his role as Chief Counsel to the SIPA Trustee for the liquidation of Bernard L. Madoff Investment Securities LLC.
Reported decisions in which David represented the SIPA Trustee for the liquidation of Bernard L. Madoff Investment Securities LLC:
• Kruse v. Picard, 2013 U.S. App. LEXIS 3774 (2d Cir. 2013) • In re Bernard L. Madoff Investment Securities LLC, 654 F.3d 229 (2d Cir. 2011) • Rosenman Family, LLC v. Picard, 395 Fed. Appx. 766 (2d Cir. 2010) • Securities Investor Protection Corporation v. Jacqueline Green Rollover Account, 2012 U.S. Dist. LEXIS 104024 (S.D.N.Y. July 25, 2012) • Securities Investor Protection Corporation v. Bernard L. Madoff Investment Securities LLC, 2012 U.S. Dist. LEXIS 21740 (S.D.N.Y. Feb. 16, 2012) • Securities Investor Protection Corporation v. Bernard L. Madoff Investment Securities LLC, 2011 U.S. Dist. LEXIS 139812 (S.D.N.Y. Dec. 5, 2011) • Picard v. Flinn Investments, LLC, 2011 U.S. Dist. LEXIS 136627 (S.D.N.Y. Nov. 29, 2011) • Peskin v. Picard, 440 B.R. 579 (S.D.N.Y. 2010) • Rosenman Family, LLC v. Picard, 420 B.R. 108 (S.D.N.Y. 2009) • United States ex rel. Romano v. New York-Presbyterian Hospital, 571 F. Supp. 2d 473 (S.D.N.Y. 2008) • Securities Investor Protection Corporation v. Bernard L. Madoff Investment Securities LLC, 454 B.R. 285 (Bankr. S.D.N.Y. 2011) • Picard v. Chais, 445 B.R. 206 (Bankr. S.D.N.Y. 2011) • Picard v. Fox, 429 B.R. 423 (Bankr. S.D.N.Y. 2010) • Securities Investor Protection Corporation v. Bernard L. Madoff Investment Securities LLC, 424 B.R. 122 (Bankr. S.D.N.Y. 2010) • Picard v. Cohmad Securities, 418 B.R. 75 (Bankr. S.D.N.Y. 2009) • Peskin v. Picard, 413 B.R. 137 (Bankr. S.D.N.Y. 2009) • Rosenman Family, LLC v. Picard, 401 B.R. 629 (Bankr. S.D.N.Y. 2009)
David’s past representative experience includes:
• Represented major pharmaceutical company in Federal District Court matter in Central District of California focusing upon the breach of a Toll Manufacturing Agreement and a related Patent Licensing Agreement; • Represented a nationally known manufacturer of physical fitness equipment in a patent trial before a jury in the Federal District Court located in Boston, Massachusetts; • Represented an Atlantic City casino in connection with a ten-month trial of antitrust and real estate claims in the Superior Court of Atlantic County, New Jersey; • Represented a low-carb food manufacturer in a trademark infringement action tried before a jury in the Southern District of New York; • Represented a condominium association in a six-month jury trial seeking damages for construction defects associated with the development of a condominium project by a major real estate developer; • Represented an automobile manufacturer in an eleven-week jury trial of a product liability matter in the Federal District Court of New Jersey; • Represented a major publishing corporation in connection with a trademark and copyright infringement matter in the Southern District of New York; • Represented a major medical Internet portal in connection with a trademark infringement action instituted in the Federal District Court of New Jersey in connection with the name change of that Internet portal; • Represented a major publishing company in a jury trial in the Eastern District of Pennsylvania against an author seeking damages for the negligent publication of his manuscript
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