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David Molton specializes in complex commercial litigation matters, including partnership and joint venture disputes, real estate litigations, securities and derivative actions, federal civil RICO defense, intellectual property litigations and creditors’ rights. He has represented clients as claimants and respondents in commercial and securities related AAA, NASD and NYSE arbitrations, as well as witnesses and targets in SEC and other enforcement actions and in white-collar criminal matters in both federal and state courts.
With over 20 years of litigation experience in both the public and private sectors, Mr. Molton represents a wide array of public and private corporations, financial institutions and banks, communications companies, manufacturers and entrepreneurs in connection with their business disputes. Additionally, he has represented government entities with respect to intra-governmental disputes. He also litigates bankruptcy matters and represents Creditors Committees and individual creditors in complex mass tort bankruptcies.
Mr. Molton was a founding partner of a commercial litigation firm in midtown Manhattan, where he practiced civil litigation in federal and state courts. Formerly, he served as an Assistant District Attorney in the Office of the District Attorney of New York County, where he was assigned to the Special Narcotics Prosecutor for the City of New York and became Chief of the Forfeiture Unit. As a prosecutor, Mr. Molton was a member of the Special Investigations Bureau, where he supervised joint federal/state law enforcement task force teams and prosecuted to trial and verdict cases involving complex narcotics and organized crime investigations.
Representative Matters
• Defended cable/telecommunications client in dispute with joint venture partner over control of a cable television system owned by the joint venture and against the joint venture partner’s breach of fiduciary duty and contract claims. He defeated adversary’s attempt to wrest control of the system from the client through a civil contempt proceeding and trial, following which the client was able to negotiate a settlement.
• Defended client in civil RICO action concerning the alleged looting of assets from insurance companies. On a parallel track, prosecuted claims against professionals retained by that client in connection with the client’s involvement in the deal which was the subject of the RICO action. After defeating dispositive motions to dismiss and commencing discovery, settled the claims against the professionals.
• Represented Official Tort Claimants Committee in vitamin supplement company Chapter 11 liquidation proceeding. He negotiated multi-million dollar global settlement for the benefit of the tort claimants involving contributions to a settlement fund from the debtors, insurers and non-debtor parties. He structured allocation plan and procedures for distribution of the settlement funds to the tort claimants.
• Prosecuted trademark and copyright infringement claims on behalf of jewelry designer/manufacturer client. After moving for a preliminary injunction and a temporary restraining order, the defendant agreed to a consent order enjoining defendant’s infringement.
• Prosecuted a breach of contract action for a medical device manufacturer client against a major health care manufacturer and distributor. After finishing cross-examination of the defendant’s key witnesses during the jury trial of the case, the defendant settled the matter with the client.
• Represented county legislators in separation of powers dispute with county executive. He obtained a favorable appellate court decision which reversed a dismissal of the client legislators’ claims by the trial court, thereby leading to a settlement favorable to the clients.
Publications
• Co-author, Wyeth V. Levine In Light Of Merck's Vioxx Litigation Law 360, November 2008
• Co-author, "The Ephedra Bankruptcy Cases and the Twinlab Global Settlement Model" The Bankruptcy Strategist, January 2008
• Co-author, “Bankruptcies in Mass Tort Cases,” Litigating Mass Tort Cases, Vol. 1, Chapter 12, July 2006
Speaking Engagements
• Panelist, "Ephedra /
PPA Bankruptcies and Insurance Coverage - Dexatrim and TL Bankruptcy Plans - The Wave of the Future," Mealey's Ephedra & PPA Litigation Conference, New Orleans, June 2005
Bar Admissions & Memberships
• Admitted, New York, New Jersey and California Bars
• Admitted: United States Courts of Appeals for the Second, Third and Ninth Circuits; United States District Courts for the Southern, Eastern and Northern Districts of New York, the District of New Jersey and the Northern District of Illinois
• Member, Association of the Bar of the City of New York
• Member, Federal Bar Council
• Member, Inns of Court of the Federal Bar Council
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