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David J. Sheehan

Partner

New York
T +1.212.589.4616
F +1.212.589.4201
dsheehan@bakerlaw.com
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"[David Sheehan] is brilliant; extremely capable at communicating complex ideas in an extremely simple and effective manner."

— Chambers USA 2014

Overview

David Sheehan serves as co-leader of BakerHostetler's Global Fraud and International Asset Tracing and Recovery team. He is a veteran 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 clients, including trial preparation for litigation, and he focuses his work in the areas of intellectual property, complex commercial litigation and bankruptcy.

David is a fellow in the American College of Trial Lawyers and a Life Fellow of the American Bar Foundation. He has been listed as one of The Best Lawyers in America® since 2003.

Select Experience

  • 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 his leadership, more than 1,000 lawsuits were filed in December 2010, 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 the Supreme Court, and in more than 30 international jurisdictions. As of February 2019, his legal teams have recovered more than $13.3 billion on behalf of the SIPA Trustee for ultimate distribution to Madoff's victims, with more than $12 billion distributed to date, including approximately $845.16 million in cash advances from SIPC. Under his continued leadership, BakerHostetler attorneys continue to seek approximately $5 billion dollars in fictitious profits. (For more information on the liquidation, visit www.madofftrustee.com.)
  • Led the representation of a major publishing firm in a putative class action brought by an author alleging breach of contract and breach of good faith and fair dealing of the foreign royalties provision of a publishing agreement. The U.S. District Court for the Southern District of New York agreed with the publishing firm's arguments that its calculation of foreign royalties and conduct was consistent with the express terms of the publishing agreement and dismissed the action with prejudice. The Second Circuit Court of Appeals affirmed. The outcome avoided a potentially costly and protracted class action against the client.
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Experience

  • 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 his leadership, more than 1,000 lawsuits were filed in December 2010, 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 the Supreme Court, and in more than 30 international jurisdictions. As of October 2016, his legal teams have recovered more than $11.2 billion on behalf of the SIPA Trustee for ultimate distribution to Madoff's victims, with more than $8.8 billion distributed to date.  Under his continued leadership, BakerHostetler attorneys continue to seek approximately $5 billion dollars in fictitious profits. (For more information on the liquidation, visit www.madofftrustee.com.)
  • Led the representation of a major publishing firm in a putative class action brought by an author alleging breach of contract and breach of good faith and fair dealing of the foreign royalties provision of a publishing agreement. The U.S. District Court for the Southern District of New York agreed with the publishing firm's arguments that its calculation of foreign royalties and conduct was consistent with the express terms of the publishing agreement and dismissed the action with prejudice. The Second Circuit Court of Appeals affirmed. The outcome avoided a potentially costly and protracted class action against the client.
  • Served as counsel to an American multinational manufacturing conglomerate in an environmental litigation in the District of New Jersey involving hexavalent chromium contamination. Litigation involved issues related to consent decrees, attorneys' fees and expenses incurred in connection with remediation issues, and monitoring of contaminated sites that the client was required to clean and maintain.
  • Acted as lead defense counsel in dozens of drug product liability cases in New Jersey for a large pharmaceutical manufacturer.
  • Represented a major pharmaceutical company in a Federal District Court matter in the Central District of California focusing on the breach of a Toll Manufacturing Agreement and a related Patent Licensing Agreement.
  • Serving as lead trial counsel for a nationally known manufacturer of physical fitness equipment in a patent trial before a jury in the Federal District Court in Boston.
  • Was lead trial counsel for an Atlantic City casino client in connection with a 10-month trial of antitrust and real estate claims in the Superior Court of Atlantic County, New Jersey.
  • Was lead trial counsel for 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.
  • Served as the trial lawyer for an automobile manufacturer in an 11-week jury trial of a product liability matter in the Federal District Court of New Jersey.
  • Serving as counsel to a major publishing corporation in connection with a trademark and copyright infringement matter in the Southern District of New York.
  • Defeated an injunctions application for 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.
  • Serving as lead trial counsel for 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.

Recognitions and Memberships

Recognitions

  • The Legal 500 United States
    • Recommended in Dispute Resolution: International Litigation (2022)
  • Chambers USA: Litigation: General Commercial in New York (2014 to 2016)
  • Law360 MVP in Bankruptcy (2015)
  • The Best Lawyers in America® (2003 to Present)
    • New York: Litigation – Bankruptcy
    • New York: Litigation – Intellectual Property
  • New York Metro "Super Lawyers" (2007 to 2021)
    • "Top 100 Lawyers" in New York Metro area (2007, 2011 to 2014, 2016)
  • New Jersey "Super Lawyer" (2005 to 2006)
  • Benchmark Litigation "Litigation Star" (2014)
  • Above the Law: One of 23 "Top Partners to Work For" in New York (2011)
  • Martindale-Hubbell: AV Preeminent

Memberships

  • American College of Trial Lawyers: Fellow
  • American Bar Foundation: Life Fellow
  • American Bar Association
  • District of Columbia Bar Association
  • New Jersey State Bar Association
  • New York State Bar Association

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Prior Positions

  • U.S. Navy Judge Advocate General’s Corps: Lieutenant (1969 to 1973)

Admissions

  • U.S. Supreme Court
  • U.S. Court of Appeals, Second Circuit
  • U.S. Court of Appeals, Third Circuit
  • U.S. District Court, Southern District of New York
  • U.S. District Court, District of New Jersey
  • U.S. District Court, Eastern District of New York
  • New York
  • New Jersey
  • District of Columbia

Education

  • J.D., Rutgers University School of Law, with honors; Phi Delta Phi; Managing Editor, Rutgers Law Review
  • B.A., Seton Hall University

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