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David Choi

Counsel

New York
T +1.212.847.2885
F +1.212.589.4201
dchoi@bakerlaw.com
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Overview

A commercial litigator, David Choi is a methodical and comprehensive attorney, focused on the case at hand while also anticipating contingencies that may unexpectedly occur. He is currently focused on litigating adversary proceedings in connection with BakerHostetler's role as court-appointed counsel to the Securities Investor Protection Act (SIPA) trustee for the liquidation of Bernard L. Madoff Investment Securities LLC (BLMIS).

Select Experience

  • On behalf of the SIPA trustee for the liquidation of Bernard L. Madoff Investment Securities LLC, engaged in extensive pretrial litigation preparation, including fact investigations, negotiating settlements, working with counsel in foreign jurisdictions to recover assets transferred abroad, and drafting pleadings, legal briefs and research memoranda.
  • Engaged as discovery counsel for a multinational healthcare company in a matter involving state court lawsuits in nearly every U.S. state, a federal multidistrict litigation, and numerous other federal and state government inquiries.
  • Member of the SIPA trustee's Discovery Management Team, which coordinates discovery issues for more than 1,000 actions while implementing state-of-the-art commercial and proprietary systems.
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Experience

  • On behalf of the SIPA trustee for the liquidation of Bernard L. Madoff Investment Securities LLC, engaged in extensive pretrial litigation preparation, including fact investigations, negotiating settlements, working with counsel in foreign jurisdictions to recover assets transferred abroad, and drafting pleadings, legal briefs and research memoranda.
  • Engaged as discovery counsel for a multinational healthcare company in a matter involving state court lawsuits in nearly every U.S. state, a federal multidistrict litigation, and numerous other federal and state government inquiries.
  • Member of the SIPA trustee's Discovery Management Team, which coordinates discovery issues for more than 1,000 actions while implementing state-of-the-art commercial and proprietary systems.
  • Provide counsel on best practices for information governance, including efficient data management, document retention/preservation policies, and litigation preparedness to minimize the costs and disruptions associated with discovery.
  • Provide counsel on compliance with international data transfer restrictions and data localization requirements, including through the use of cross-border transfer mechanisms (such as the EU-U.S. Privacy Shield Framework) and private contracts.
  • On behalf of national food packaging company, litigated and settled under favorable terms a commercial contract dispute with a supplier.
  • Represented finance executive in successfully asserting civil rights claims under 42 U.S.C. § 1983 (First Amendment retaliation) against government officials who compelled client’s wrongful termination. After unanimous jury verdict in client’s favor for over $18 million, settled claims for $15 million.
  • Represented parents of special-needs child against insurance company that had, prior to legal representation, twice denied parents’ claims seeking assisted care and specialized education for child. When retained for third and final appeal, obtained, without litigation, full coverage of assisted living and educational services clients sought for child.
  • Represented client that secured a licensing agreement for a well-known international celebrity. Client served as celebrity’s broker who arranged lucrative licensing agreement between celebrity and a well-known apparel manufacturer (permitting use of celebrity’s name and likeness on apparel). Client initiated lawsuit after celebrity refused to pay commissions as stipulated under verbal agreement. Despite absence of a signed contract between the client and celebrity, successfully survived celebrity’s motion to dismiss on all counts.
  • Represented condo unit owner who was precluded by condo board from selling unit to prospective buyer. Condo board threatened to withhold approval of sale until several terms and conditions were met. Without need for litigation, successfully obtained approval from condo board to allow sale without terms and conditions.
  • As Chair of the NYC Bar Association’s Subcommittee on Cybersecurity, gave presentations on developments in the law and provided guidance/opinions to the Bar and outside organizations upon request.
  • As a member of the NYC Bar Association’s Information Technology and Cyber Law Committee, attends monthly meetings and gives presentations on online advertising, cybersecurity, privacy and internet architecture, including issues related to blockchain technology.

Recognitions and Memberships

Recognitions

  • New York Metro Super Lawyers "Rising Star" (2014 to 2018)

Memberships

  • New York City Bar Association
    • Cybersecurity Subcommittee: Chair (2018 to 2019)
    • Information Technology & Cyber Law Committee: Member (2017 to 2020)
    • Associate Leadership Institute: Fellow (2017)
  • Asian American Bar Association of New York
    • Litigation Committee: Co-Chair (2018 to 2020)
  • Korean American Lawyers Association of Greater New York

News

News

Publications

Alerts

Blog Posts

Community

  • StreetWise Partners: Mentor and Workshop Volunteer

Pro Bono

  • On behalf of then-Public Advocate for the City of New York Bill de Blasio, assisted in preparing an amicus brief opposing a stay of district court-ordered reforms of "stop and frisk" policy in connection with a lawsuit alleging a discriminatory nature of the policy.

Services

Emerging Issues

Prior Positions

  • Itkowitz & Harwood PLLC (now Itkowitz PLLC): Associate
  • Summer Clerk for the Honorable Mark Falk, U.S.M.J. of the U.S. District Court of New Jersey
  • Kim & Chang (Seoul, Korea): Summer Associate
  • Yulchon LLC (Seoul, Korea): Summer Associate

Admissions

  • U.S. District Court, Southern District of New York
  • U.S. District Court, Eastern District of New York
  • New York
  • New Jersey

Education

  • J.D., University of Michigan Law School, 2008, Dean's Scholar; Associate and Contributing Editor, Michigan Journal of International Law
  • B.A., Johns Hopkins University, with honors

Blog

In The Blogs

Previous Next
Discovery Advocate
Client and Counsel Sanctioned More Than $2.5 million for ‘Amateur Hour' Discovery Ineptitude
By David Choi, Edward J. Jacobs
March 14, 2023
Practical Insight This case is a cautionary tale for the attorney who may know to say all of the right things when it comes to modern discovery practice but, in fact, lacks the expertise and competence to oversee a defensible discovery...
Read More ->
Discovery Advocate
DOJ Corporate Criminal Enforcement Updates Shine a Spotlight on Texts and Instant Messaging Applications as Potential Evidence
By Csilla Boga-Lofaro, David Choi, Edward J. Jacobs
March 6, 2023
In September 2022, the U.S. Department of Justice (DOJ) issued a memo announcing revisions to the DOJ’s corporate criminal enforcement policies and practices. The memo made clear that the DOJ expects “all corporations with robust...
Read More ->
Discovery Advocate
The Supreme Court Dodges—for Now—the Circuit Split on the ‘Dual Purpose' Test for Privilege
By Csilla Boga-Lofaro, David Choi, Edward J. Jacobs, Jennifer C. Negron
February 21, 2023
In re Grand Jury, 23 F.4th 1088 (9th Cir. 2022), appeal dismissed as improvidently granted, In re Grand Jury, 598 U.S. ____ (2023) (No. 21-1397). Summary of the Case: The Supreme Court, which had initially agreed to consider a circuit...
Read More ->
Discovery Advocate
Karin Jenson Talks to Above the Law About Trends in E-Discovery
March 3, 2016
Partner Karin Scholz Jenson, national leader of BakerHostetler’s E-Discovery Advocacy and Management team was interviewed in an article published by Above the Law on March 1, 2016. The article focuses on trends in E-Discovery and on the...
Read More ->
Discovery Advocate
Retooling Your Practice Under the New Rules with The Sedona Conference Institute: a Case Summary (Part 2)
February 4, 2016
By Karin Jenson, national leader, E-Discovery Advocacy and Management Team and Co-Chair of The 2016 Sedona Conference Institute And Jacqueline K. Matthews, BakerHostetler associate Every year, The Sedona Conference Institute keeps us ahead...
Read More ->

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