David Choi

Associate

New York
T +1.212.847.2885
F +1.212.589.4201

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.
  • 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.
  • Advise clients on best practices for efficient data management, document retention/preservation policies and litigation preparedness in order to minimize the costs and disruptions associated with e-discovery.
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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.
  • 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.
  • Advise clients on best practices for efficient data management, document retention/preservation policies and litigation preparedness in order to minimize the costs and disruptions associated with e-discovery.
  • Assisted in preparing successful motion for partial summary judgment in prosecuting finance executive’s claims for wrongful termination.
  • Represented parents of special-needs child against insurance company that twice denied parents’ claims seeking assisted care and specialized education for child. When retained for third and final appeal, successfully obtained, without litigation, full coverage of assisted living and educational services clients sought for child.
  • Represented client that secured a licensing agreement for a famous 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. Although there was no signed contract between the client and celebrity, successfully survived celebrity-defendant’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 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 2017)

Memberships

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

News

News

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.

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

  • 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

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Discovery Advocate
What Judges are really saying about Technology Assisted Review
By Csilla Boga-Lofaro, David Choi, James A. Sherer
April 6, 2018
Since the first judicial opinion endorsing the use of Technology Assisted Review (or TAR) was written by Judge Andrew J. Peck in 2012, an entire legal industry has grown up on the premise of streamlining the document review process in...
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Discovery Advocate
Advocacy in E-Discovery More Important Than Ever
By David Choi, Edward J. Jacobs
March 23, 2017
In this day and age, advocacy starts with competence in ESI issues. An effective advocate must be able to assess e-discovery needs and issues, implement appropriate preservation procedures, advise clients on options for storage and...
Read More ->