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

    Clerkship, Hon. George H. King, U.S. District Court, Central District of California

Bar Admissions

  • Massachusetts
  • New Hampshire
  • California

Court Admissions

  • U.S. District Court, District of Massachusetts
  • U.S. District Court, 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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  • T: 617.449.6555
    F: 617.326.3086

David Himelfarb is a versatile business litigator. His trial practice focuses on breach of contract disputes, real estate disputes, creditor’s rights matters, and products liability matters. His clients range from several publicly-traded companies and large national banks to privately held businesses.

Possessing extensive experience managing complex litigation from initial case filing through final judgment, David has first-chaired numerous trials in state and federal courts and has handled several state and federal appeals. Clients have come to rely on David for his strong negotiating skills, where he often resolves matters in out-of-court settlements, avoiding protracted litigation.

In his creditor’s rights practice, David represents clients against recalcitrant borrowers and guarantors and frequently acts on behalf of creditors in bankruptcy court. He has also handled a variety of commercial real estate disputes representing landlords, tenants, and building management companies. In his products liability practice, David has represented clients in the life sciences and construction industries in high-stakes suits including wrongful death claims.

Additionally, David advises on federal government contracting matters. He handles bid protests, contract claims, requests for equitable adjustments, negotiating teaming and joint venture agreements, and appeals from adverse agency decisions.

An advocate in his community, David is a member of the firm’s Pro Bono Committee. He was recognized as a Massachusetts Super Lawyers “Rising Star” from 2006–2013 and included among the Massachusetts Super Lawyers for 2014-2017. Super Lawyers is published by Thomson Reuters. Click here for their methodology. No aspect of this advertisement has been approved by the Supreme Court of New Jersey.

Representative Matters

Breach of An Agreement To Acquire Minority Interest – Honour Crown Asia
Honour Crown Asia and its founder in a case involving the breach of an agreement to acquire a minority interest in the defendant, an electronics recycling company. A Middlesex County jury returned a $1.5 million verdict in favor of our clients. We also obtained the dismissal, on summary judgment, of misappropriation of trade secrets and unfair practices claims against the client in a related lawsuit.
Long Term Lease Real Estate Payments – Massachusetts Financial Services Company
Massachusetts Financial Services Company in an action against a major commercial landlord to recover real estate tax overpayments over the life of a long-term lease.
Design and Construction -- Massachusetts Convention Center Authority
Massachusetts Convention Center Authority in a six-week jury trial against the building’s architect for alleged defective design and construction. The case settled favorably prior to verdict.
Agency Appeal - LePage's
LePage’s in an agency appeal before the D.C. Circuit 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.
Class Action - Medical Device Manufacturer
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 First Circuit).


National Contract Management Association, The 53rd Annual March Workshop