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Education

  • J.D., Harvard Law School, cum laude, 1998
  • A.B., Stanford University, with honors and distinction, 1994

Bar Admissions

  • California
  • Massachusetts
  • New Hampshire

Court Admissions

  • U.S. District Court, District of Massachusetts
  • U.S. District Court, District of Central, Northern, and Southern Districts of California
  • U.S. District Court, District of New Hampshire
  • U.S. Court of Appeals, First and Second Circuits

Memberships & Affiliations

American Bar Association

Boston Bar Association

Massachusetts Bar Association

Newton-Needham Chamber of Commerce

David Himelfarb

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Partner
  • T: 617.449.6555
    F: 617.326.3086

David Himelfarb is a member of the Business & Financial Services Litigation Group and the Intellectual Property/Information Technology, Government Contracts Group.

Mr. Himelfarb divides his practice between advising clients on contracting matters, with an emphasis on government contracting, and representing clients in litigation, arbitrations, and other dispute resolution venues.  His litigation practice focuses on complex commercial litigation in both state and federal court, including all forms of business and contract disputes, trade secret actions, securities actions, and director and officer liability actions.

Mr. Himelfarb has experience handling bid protests (both at the agency level and before GAO) and contract disputes, and has practiced before both the Civilian and the Armed Services Boards of Contract Appeals.  Mr. Himelfarb also has experience challenging agency decisions, and has appeared before the United States Court of Appeals for the District of Columbia Circuit.

Mr. Himelfarb has been involved in numerous jury trials and appeals in both state and federal courts throughout the country, including in Massachusetts, Texas, New York, California, and New Hampshire.

Mr. Himelfarb has served as a faculty panelist for the Massachusetts Continuing Legal Education program "How to Prepare and Try an Adversary Proceeding in Bankruptcy Court." He has also lectured on bid protest at the National Contract Management Association, Boston Chapter, March Workshop.

Mr. Himelfarb is a member of the firm’s Pro Bono and Professional Personnel Committees and he represents indigent tenants in housing court, on a pro bono basis, on behalf of the Volunteer Lawyers Project of the Boston Bar Association.

Mr. Himelfarb has been recognized as a Massachusetts Rising Star in 2006 - 2012.

Representative Matters

Government Contractor Suspension Lifted – Agiltron, Inc.
McCarter & English successfully represented Agiltron, Inc., Nanotrons Corp., and Agiltron Development Corp. in their negotiations with the Department of the Air Force Suspension and Debarment Official of an Administrative Agreement providing for the July 26, 2013 termination of their suspension from federal government contracting.
Agency Appeal Before the D.C. Circuit Court of Appeals – LePage
Represented LePage’s in an agency appeal before the D.C. Circuit Court of Appeals and on remand before the Postal Regulatory Commission. Not only did the Court of Appeals rule in LePage’s favor, finding the agency’s decision to be arbitrary and capricious, but the Court also awarded LePage’s its attorneys’ fees under the Equal Access to Justice Act (EAJA), concluding that the agency’s decision was not substantially justified. Mr. Himelfarb then represented LePage’s before the PRC on remand and convinced the PRC to permit the licensing activities that were the subject of LePage’s license to continue.
Represented a Large Medical Device Manufacturer in Derivative and Federal Securities Class Action Lawsuits
Represented a large medical device manufacturer in several derivative and federal securities class action lawsuits, all of which were ultimately dismissed (and, in the case of the securities class action, the dismissal was affirmed by the U.S. Court of Appeals for the First Circuit).

Speaking

03/12/14
National Contract Management Association, The 53rd Annual March Workshop

Publications

12/11/13
08/29/13
01/25/13