New York, New York
David C. Burger is Of Counsel in the Firm's Litigation Department. Mr. Burger's practice has involved a wide range of complex, commercial litigation including antitrust, automobile dealer, aviation, class action, contract, corporate dissolution, employment, intellectual property, partnership, real estate, shareholder derivative and stock option litigation.
Mr. Burger's cases have included:
A Chapter 11 bankruptcy case on behalf of a limited partnership which held a ground lease from the City of New York, with a fixed price purchase option, for a block of real estate on West 42nd Street in Manhattan. Mr. Burger successfully opposed the City's efforts to dismiss the bankruptcy and terminate the ground lease. A plan of reorganization was approved which permitted the partnership to assign the ground lease for $107 million. Mr. Burger also defeated a claim for over $20 million by the disgruntled under-bidder for the ground lease.
Representing a party that was owed a finder's fee including a percentage of all future payments under long-term promissory notes, where the notes had been repeatedly assigned, Mr. Burger obtained a judgment after a bench trial for over $3 million.
Representing individuals holding stock options in a Philadelphia bank, where the bank had purported to cancel the options, Mr. Burger engaged in extensive litigation that resulted in a $9.5 million settlement which constituted nearly full value of the options.
Representing a landlord challenging unlawful subleasing by a commercial tenant, Mr. Burger obtained an appellate decision that established - for the first time under New York law - that a landlord may be entitled to recover the profit earned by the tenant from the unlawful subleasing.
Representing an executive in the insurance industry, Mr. Burger obtained a jury verdict for over $300,000 based on the executive having been constructively terminated from his employment.
Mr. Burger graduated from Columbia College and New York Law School, cum laude. He is admitted to practice in the State of New York, the Southern and Eastern Districts of New York, the United States Courts of Appeals for the Second, Third, Fourth, Tenth, Eleventh and Federal Circuits, the United States Court of Federal Claims, and the United States Supreme Court.
- Bar Admissions:
- New York
- U.S. District Court Southern District of New York
- U.S. District Court Eastern District of New York
- U.S. Court of Appeals 2nd Circuit
- U.S. Court of Appeals 3rd Circuit
- U.S. Court of Appeals 4th Circuit
- U.S. Court of Appeals 10th Circuit
- U.S. Court of Appeals 11th Circuit
- U.S. Court of Appeals Federal Circuit
- U.S. Court of Federal Claims
- U.S. Supreme Court