David Himelfarb

Clients commend David Himelfarb for his dogged persistence and out-of-the box thinking in his handling of complex business disputes.

David is a seasoned trial lawyer with over 20 years of experience handling complex commercial litigation, real estate, government contract, creditor’s rights, and product liability cases. His clients range from large, multi-national publicly traded companies to small, privately held businesses.

David has handled trade secret, unfair business practice, creditor’s rights, False Claims Act, environmental contamination, and real estate tax cases. He has also assisted clients in responding to Civil Investigative Demands and government investigations. David has first-chaired numerous trials in state and federal court and has handled numerous appeals before the Massachusetts Court of Appeals and the First, Second, and DC Circuit Courts of Appeal.

He also routinely appears in bankruptcy court and has handled several bankruptcy appeals. Clients have come to rely on David for his creative, business-minded approach to litigation.

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

An advocate in his community, David is a member of the firm’s Pro Bono Committee and handles numerous pro bono matters.

Represented a television station and a news reporter in a defamation action in the Southern District of California and before the Ninth Circuit.

Represented a national bank in an action involving a loan default on a complicated mezzanine loan resulting in an $8 million judgment and the appointment of a court-appointed receiver.

Represented a medical device manufacturer in several derivative and federal securities class action lawsuits, all of which were ultimately dismissed (in the case of the securities class action, the dismissal was affirmed by the First Circuit).

Represented the 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 on the last day of trial.

Represented a large financial services company in a real estate tax dispute against a major commercial landlord in connection with a long-term lease. The matter settled on the eve of trial.

Represented a multi-national manufacturing company 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 the client’s favor, but it awarded the client fees.

Represented a client in a patent infringement case in the Eastern District of Texas. After trial, the jury issued a verdict of non-infringement in favor of the client.

Represented a national bank in a bankruptcy trial and then on appeal before the Bankruptcy Appellate Panel and the First Circuit Court of Appeals where the client’s position was reaffirmed by both appellate courts.

Represented a communication and project management firm in a matter brought by a relator alleging implied certification claims under the False Claims Act arising from alleged violations of the Service Contract Act.

Represented a sales representative in a contract dispute against a Taiwanese electronics manufacturer. After a federal court jury trial where the jury ruled in favor of the client on all counts, the client received a $2.95 million judgment.

Represented a company 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.

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