David C. Rose

An accomplished litigator and adviser, David advances the objectives of investment management firms, hedge and private equity funds, family offices, real estate owners and investors, media and entertainment companies, and high net worth individuals. He is sought after to guide clients through sophisticated and consequential disputes demanding pragmatic, business-based solutions, and to try those disputes when required.

In that regard, David’s skill has been recognized by clients and trial judges alike, who have called him an “incredible talent” and an “excellent cross-examiner.”

Private Fund + Commercial Litigation 

David’s experience includes working with some of the top firms in the space, such as Arcadia Investment Partners, Brevet Capital Management, Dune Real Estate Partners, Scarp Ridge Capital Partners, Cedar Hill Capital, Phaneros, and Fortress Investment Group to help them to align and assess potential legal risks against their overall business objectives. While litigation is not always necessary, he has secured various recent wins for clients, including:

• A multi-national public company facing a multi-billion-dollar damages claim in a "bet the company" arbitration, successfully defeating the claim following a nine-day full evidentiary hearing and obtaining a multi-million dollar award for the client;
• An investment advisory firm in a nine-figure dispute regarding a multibillion-dollar project finance capital raise;
• A joint venture of two leading real estate investment funds in simultaneous litigation and arbitration proceedings concerning its preferred equity investment in a major Manhattan development;
• A joint venture fund in connection with the defense of claims intended to prevent the sale of a New York hotel asset for a record mid-nine-figure price;
• A national real estate developer in connection with the Lehman Bros. bankruptcy and the completion of projects financed by Lehman;
• A director of a UK-based company, publicly traded in the U.S., in a proxy contest for control of the company and in a parallel federal court litigation asserting violations of U.S. securities laws and computer privacy laws; and
• One of the world’s largest wholesale food distribution centers in the successful defense against a federal RICO/conspiracy suit, and against a lawsuit alleging violations of constitutional rights brought against the public security service protecting that center.

Media + Entertainment Experience

• Sony Music Entertainment and its affiliated record labels, obtaining summary judgment against Bang Energy Drink maker Vital Pharmaceuticals and its CEO for directly and vicariously infringing Sony’s sound recordings in Vital’s social media marketing campaign;
• Sony Music Entertainment and Grammy Award-winning recording artist Ricky Martin in two federal copyright and trademark infringement suits concerning his hit song “Vida” and the FIFA World Cup, obtaining the dismissal of all claims;
• A major record company and two of its most senior executives in a multi-claim federal lawsuit brought against the company and those executives in their individual capacities;
• A renowned record producer and songwriter in multiple litigations concerning the permitted scope of use of sound recordings and royalties to be paid for such use, obtaining a landmark contract and intellectual property ruling from New York’s highest court; 
• EMI Music Publishing as plaintiff in a federal class action regarding alleged use by record clubs of musical compositions without having obtained compulsory licenses; 
• Major recording, music publishing and motion picture companies (including Sony Music Entertainment and others), along with award-winning recording artists and songwriters in actions asserting copyright infringement and related claims involving some of the most popular songs of the past decade and the songs from which they are derived;
• Sony Music Entertainment and the interests of top recording artist Future in a federal trademark case concerning Future’s top selling album “Life is Good” and merchandise relating to the album; and
• An asset manager in a multi-debtor bankruptcy proceeding in the motion picture industry involving the manager’s rights and interests.

Trusts + Estates Litigation Experience

• Steven Aoki and Devon Aoki, the children of the founder of Benihana, in a dispute over the disposition of his estate, obtaining a precedent-setting decision from New York’s highest court;
• A branch of a prominent New York real estate family, obtaining a settlement providing for the redistribution of family-owned properties; and
• The beneficiary of an estate with simultaneous disputed proceedings in New York, Europe and the Middle East.

FinTech and Blockchain Experience

• A leading blockchain-based financial services company in litigation and litigation-related matters;
• A blockchain solutions company in intellectual property matters;
• Two pioneering companies tokenizing creative works for sale as non-fungible tokens (NFTs); and
• A premier international online auction house in connection with NFT auctions of fine art.