• OVERVIEW

    David is a proven trial lawyer with 22 years’ experience litigating complex business and fiduciary disputes in state and federal courts.  David focuses on litigating disputes over trusts, estates and the governance of family businesses and other closely-held enterprises.  David is a trusted and respected advisor with demonstrated excellence in legal analysis, written and oral advocacy, witness examination and courtroom presentation, and a commitment to achieving client objectives through diligent execution of efficient and effective strategies.  David is a leader in national bar activities, serving as Co-chair of the Ethics and Malpractice Committee of the American Bar Association’s Section on Real Property, Trust and Estate Law, and is that section’s Liaison to the ABA’s CPR/SOC Joint Committee on Ethics and Professionalism.  David writes and speaks regularly on fiduciary litigation, legal ethics, and litigating and resolving closely-held business disputes.  David is also a trusted firm partner, serving as our internal ethics and risk management counsel.

    EDUCATION

    • J.D., University of Chicago, 1991
      – Member, University of Chicago Law Review, 1989-91
      – S.K. Yee Scholarship
      – Bradley Fellowship in Criminal  Justice
    • Sc. B., Brown University (Honors)
      - magna cum laude, 1984
      – Sigma Xi Honor Society for Science and Engineering

    ADMISSIONS

    • Illinois, 1992

    CLERKSHIP

    • Law Clerk, the Honorable Albert J. Engel, United States Court of Appeals for the Sixth Circuit, 1991-92
  • PRESENTATIONS/PUBLICATIONS

    “Managing Conflict: Attorneys Drafting Documents for Nonprofits and Donors,” Planned Giving Today, Aug. 2017

    “Model Rules of Professional Responsibility – Adopted Model Rules – Where Do We Go from Here?,” American Bar Association – Section on Real Property Trusts & Estates Law, Spring Symposium, Denver, CO, April, 2017.

    “One if by Land, Two if by Sea: Ethical Warnings for Attorneys Working with Charitable Gifts,” American Bar Association – Section on Real Property Trusts & Estates Law, Spring Symposium, Boston, MA, May, 2016.

    Ethics and Technology in Trusts and Estates Practice, 37th Annual Duke University Estate Planning Conference, Durham, N.C, October 2015

    “Go Where No Ethics Have Gone Before: Staying on the Right Course in an Expanding Universe of Technology,” American Bar Association – Section on Real Property Trusts & Estates Law, Spring Symposium, Washington, D.C., May 2015

    “Planning, Perils and Prevention:  Managing Risk in Your Trusts and Estates Practice,” American Bar Association – Section on Real Property Trusts & Estates Law webinar, March 2015

    Guest on WTTW Television’s Chicago Tonight program concerning contested trusts and estates and Ernie Banks will contest case, February, 2015. Click here to see the video…

    “Resolving Shareholders Disputes,” West LegalEdcenter, Complex Financial Litigation Webinar Series, July 2014

    “Silver Tongued Lawyers Fighting about Dirt: Trust and Estate Litigation Meets Real Property,” American Bar Association – Section of Real Property Trust and Estate Law Spring Symposia, May 2014

    “Lost Profit Cases,” West LegalEdcenter, Complex Financial Litigation Webinar Series, April 2014

    “Earn-Out Disputes,” West LegalEdcenter, Complex Financial Litigation Webinar Series, March 2014

    “Fighting over Value in a Business Divorce,” West LegalEdcenter, Complex Financial Litigation Webinar Series, February 2014

    “Understanding and Managing Risk in Trusts and Estates Practice Today” AON Law Firm Symposium, October 2013

    “Resolving Shareholder Disputes,” Financial Poise, Complex Financial Litigation Series, August 2013

    “Best Practices to Resolve Family-Business Conflict,” Annual Conference of the International Association of Attorneys for Family-Held Enterprises, April 2012

    “Expert Witnesses in Trust and Estate Litigation,” University of Miami’s 46th Annual Heckerling Institute on Estate Planning, January 2012

    “Shareholder Oppression and Enhanced Fiduciary Duties,” American Bar Association, Business Torts Litigation Journal, Winter 2012

    “Next Generation Disputes in the Family Business:  Navigating the Remedial, Ethical and Tax Quagmires – A Case Study,” American Bar Association’s Joint Fall CLE Meeting of the Sections on Real Property, Trust and Estate Law and Taxation, October 2011

    “I (Might) Get By With a Little Help From My Expert: Expert Witnesses in Trust and Estate Litigation,” American Bar Association Section of Real Property, Trust and Estate Law 22nd Annual Spring Symposia, April 2011

    Estate Planning Seminar, Loyola University of Chicago School of Law, Guest Lecturer on Fiduciary Litigation, 2009-2011

  • PROFESSIONAL ACTIVITIES

    Chicago Council on Planned Giving – program committee member.

    American Bar Association Section of Real Property, Trust and Estate Law, Probate & Fiduciary Litigation Committee, Co-Chair (2017-18); Co-Chair, Ethics and Malpractice Committee (2015-17); Futures Practice and Guidance Task Force (2016-17); Section Representative to ABA Task Force on proposed standards of conduct for experts retained by lawyers (2011-2012).

  • REPRESENTATIVE CASES