David M. McMillan

Associate

Denver
T 303.764.4085  |  F 303.861.7805
David McMillan is an associate in the firm's litigation group whose practice centers on class action defense, securities litigation, bankruptcy and other types of general commercial litigation. David has worked extensively on a number of high-profile fraud cases involving the financial industry, including representation of the SIPA Trustee for the liquidation of Bernard L. Madoff Investment Securities LLC (BLMIS). As part of the SIPA Trustee's team advancing the global effort to trace and recover assets for Madoff's defrauded customers with allowed claims, David has deconstructed BLMIS's books and records; initiated multimillion-dollar lawsuits against financial institutions, funds, and other sophisticated investors in the United States and abroad; and litigated a range of issues in securities and bankruptcy law. He also defends clients in significant securities-related government investigations and securities fraud class actions, including a high-profile matter arising from derivatives trading losses at a major international bank. David has spoken on a number of panels discussing cutting-edge issues in class action law, and writes frequently on current trends in class action and securities litigation. He considers himself a strategy-driven, creative litigator who aims to deliver cost-effective and meaningful solutions for his clients.  

Select Experience

  • Member of the legal team representing Irving H. Picard, SIPA Trustee for the liquidation of Bernard L. Madoff Investment Securities LLC, in connection with BakerHostetler's role as court-appointed counsel, responsible for investigating and initiating complex multimillion-dollar lawsuits against individuals and financial entities around the world, pursuing foreign and domestic discovery, participating in dispositive motion practice, and providing thought leadership on an array of substantive securities and bankruptcy-related issues.
  • Represents former London-based JPM managing director whose cooperation was sought in the investigation related to a multibillion-dollar trading loss for the bank. Helped secure rare nonprosecution agreement with U.S. Department of Justice and agreements with other regulatory authorities by providing valuable factual analyses and assessments regarding securities derivatives trading in JPM's Chief Investment Office.
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Experience

  • Member of the legal team representing Irving H. Picard, SIPA Trustee for the liquidation of Bernard L. Madoff Investment Securities LLC, in connection with BakerHostetler's role as court-appointed counsel, responsible for investigating and initiating complex multimillion-dollar lawsuits against individuals and financial entities around the world, pursuing foreign and domestic discovery, participating in dispositive motion practice, and providing thought leadership on an array of substantive securities and bankruptcy-related issues.
  • Represents former London-based JPM managing director whose cooperation was sought in the investigation related to a multibillion-dollar trading loss for the bank. Helped secure rare nonprosecution agreement with U.S. Department of Justice and agreements with other regulatory authorities by providing valuable factual analyses and assessments regarding securities derivatives trading in JPM's Chief Investment Office.
  • Defended medical director of major pharmaceutical company in multimillion-dollar securities fraud class action, in which dismissal was obtained via summary judgment following Supreme Court's decision in Halliburton.
  • Represented nonprofit organization dedicated to economic empowerment of African American communities in amicus brief before the U.S. Supreme Court in Campbell-Ewald Co. v. Gomez, a case with key implications for the ability of companies to defeat class actions using offers of judgment under Rule 68 of the Federal Rules of Civil Procedure.
  • Represented nonpartisan public policy research foundation in amicus brief before the U.S. Supreme Court in Tyson Foods v. Bouaphakeo, which deals with the constitutional viability of “trial by formula” to determine liability and damages in wage-hour class actions.

Recognitions

  • Legal Aid Society: Pro Bono Publico Award (2014)

Memberships

  • American Bar Association: Litigation Section
  • New York State Bar Association
  • Massachusetts Bar Association

News

Pro Bono

  • Represented indigent death-sentenced inmate in state and federal habeas corpus proceedings in Georgia.
  • Represented rent-stabilized tenant in housing court proceedings to enforce repairs and to collect rent overcharges before the New York State Division of Housing and Community Renewal.
  • Represented New York City in taking and defending depositions in tort cases as part of pro bono partnership with the New York City Law Department.

Services

Prior Positions

  • New York City Teaching Fellows: Mathematics Teacher

Admissions

  • New York, 2010
  • Massachusetts, 2010

Education

  • J.D., Fordham University School of Law, 2009, cum laude
  • M.S., Pace University, 2006
  • B.A., Cornell University, 2004, with distinction

Blog

In The Blogs

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IP Intelligence: Insight on Intellectual Property
Important Federal Circuit Decision Provides More Clues on Software Eligibility
By Brendan E. Clark
September 15, 2016
On Sept. 13, 2016, the Court of Appeals for the Federal Circuit gave applicants and patentees another tool with which to argue for the patent eligibility of their software innovations, finding that McRO’s lip-synchronizing patents were...
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Class Action Lawsuit Defense
Barclays Bids to Halt High-Frequency Trading Class Action in Its Tracks
By David M. McMillan
November 2, 2015
A high-profile class action against Barclays over so-called high-frequency trading is heading into a key phase this month, with the court set to decide plaintiffs’ motion for class certification—a pivotal moment in the case’s trajectory...
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Class Action Lawsuit Defense
District Court Follows Supreme Court’s Lead in Halliburton, Allows Class Action to Proceed with Narrowed Factual Scope
By David M. McMillan
July 31, 2015
Applying the Supreme Court’s landmark decision in Halliburton Co. v. Erica P. John Fund, Inc., 134 S. Ct. 2398 (2014) (“Halliburton II”), which allowed companies facing securities fraud class actions to defeat certification by presenting...
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Class Action Lawsuit Defense
Court Takes Cue from Comcast v. Behrend, Certifies Class as to Liability but not Damages
By David M. McMillan
October 9, 2014
Fort Worth Employees’ Retirement Fund v. J.P. Morgan Chase & Co. In what appears to be an increasingly common practice since the Supreme Court decided Comcast Corp. v. Behrend, 133 S.Ct. 1426 (2013), the Southern District of New York...
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IP Intelligence: Insight on Intellectual Property
Publish or Perish: Sony Releases Compilation of 50-Year-Old Bob Dylan Bootlegs to Comply with EU Directive
By Dennis O. Cohen, David M. McMillan
February 10, 2013
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