David M. Blumenthal
Phone: (212) 603-0494 Fax: (212) 956-2164
David M. Blumenthal is a Partner in the Firm’s Corporate Transactional, Litigation & ADR, Licensing & Intellectual Property, and Real Estate Departments, and a member of the Firm’s Executive Committee. Previously, Mr. Blumenthal was the managing partner of Schekter Rishty Goldstein & Blumenthal, P.C., a midtown law firm which merged its practice into the Firm in January, 2001.
Mr. Blumenthal's practice focuses on business and commercial matters of all types including both litigation and transactional matters. He is often general counsel and an integral part of a client’s business team, typically serving as personal counsel to the principals of the business as well. His area of expertise in litigation includes complex “business divorce,” stockholder derivative actions, partnership disputes, breach of contract and commercial real estate litigation in Federal and State courts. Mr. Blumenthal has significant transactional experience in corporate law and commercial real estate leasing. Utilizing his overlapping litigation and transactional experience, he has particular expertise in business structuring, focusing on effective business management organization, as well as limiting company liability and asset protection.
Mr. Blumenthal’s diversified experience includes representing the National Academy of Television Arts and Sciences (responsible for awarding the Emmys) and the Faculty Student Association of Nassau Community College. He has also represented fellow attorneys in contractual matters and litigation. Mr. Blumenthal has extensive experience in the trucking industry, representing one of the largest inter and intra-state trucking companies in New Jersey.
In addition to strategic planning and structuring, Mr. Blumenthal's transactional experience includes operating agreements, shareholders’ agreements and licensing agreements. He has represented various licensees for well-known trademarks such as the National Basketball Association, Calvin Klein, Disney, Sofia Vergara, Apple Bottoms, World Wrestling Entertainment, and Nickelodeon, among others. Mr. Blumenthal serves as the Chairperson of the Firm's Licensing & Intellectual Property Department.
Areas of Practice:
U.S. Court of Appeals
U.S. District Court Southern District of New York
U.S. District Court Eastern District of New York
U.S. District Court for the District of New Jersey
Pace University School of Law, White Plains, New York, J.D.,
Honors: Moot Court Competition, Highest Oral Advocacy Score
State University of New York College, Oneonta, New York, B.A.
Selected Commercial Litigation Experience
- Representation of an attorney in a dissolved law firm partnership whose primary practice concerned condemnation law compensated on a contingency fee basis. Holding allowed law partner to form a new firm and represent most of clients of prior firm with attendant fees.
- Landmark Appellate Division decision establishing the standards for a Yellowstone injunction in New York in commercial landlord/tenant disputes. Where a commercial tenancy was threatened by a landlord's notice of default, which notice tenant contested in whole or in part, the court found traditional injunctive relief standards do not apply to Yellowstone injunctions and allowed for a less stringent standard and thus easier burden for tenant to meet.
- Prevailed in litigation to successfully void the multi-million dollar sale of a commercial office building in the Bronx, New York, due to fraud and misrepresentations by a purported agent who sought to convey title to the property.
- Successful prosecution of an accountant malpractice action where the accountant failed to properly treat income resulting from the sale of a seat on the New York Stock Exchange and improper tax apportionment to various states.
- Successful prosecution by Landlord in New York Supreme Court action establishing standard of renewal for Tenant’s exercise of an option in a commercial lease.
- Jury trial in the Southern District of New York against Allstate where a rare Porsche automobile was stolen and its theft was improperly not covered by Allstate. Plaintiff received full value of automobile with interest (as opposed to cost of repair), plus return of recovered automobile.
- New Jersey Appellate decision establishing the basis for territorial presence in the forum as a basic prerequisite to subjecting defendant to in personam jurisdiction. Case set the standard for analysis of the minimum contacts test in the State of New Jersey and whether or not a party with a limited presence in the state is subject to its jurisdiction.
- Multiple successful commercial landlord/tenant proceedings and Supreme Court Yellowstone injunctions representing both landlords and tenants.
- Successful prosecution and defense of license agreements.
- Successful defense of trademark infringement claims.
Mr. Blumenthal is a member of the New York State Bar Association and the Commercial and Federal Litigation Committee. Previously has sat on the Complex Commercial Litigation Subcommittee.
Mr. Blumenthal is active in his community and was a long-time member of the board of directors of the Rockville Centre Basketball League, with over one-thousand student athletes (Grades 3-12). Mr. Blumenthal was a recipient of the prestigious Michael Reilly Award, given to a person with at least five years of continuous service to the community and extraordinary contributions to the basketball league. He is a member of the Rockville Centre Zoning Board of Appeals and was a member of the Recodification Committee for the Village's Ordinances and Zoning laws. He was the campaign manager for a Village Trustee and Village Justice, respectively. Mr. Blumenthal has been a guest lecturer at Nassau Community College on issues of law and paralegal recruitment.
Since 1993, Mr. Blumenthal has been an AV rated attorney by Martindale- Hubbell, the highest rating available to attorneys. He was selected as a top rated lawyer in commercial litigation law by Martindale Hubbell and was awarded the Martindale Hubbell distinction of honor for litigation. Less than 4% of the 900,000 attorneys listed in Martindale Hubbell have received this award.