David B. Gordon
Partner
David B. Gordon has been a partner in Schoeman, Updike & Kaufman, LLP since 2002. His practice focuses on the representation of companies in securities, corporate governance, employment, and general complex commercial disputes. He also regularly advises clients with respect to venture investments and mergers and acquisitions.
Mr. Gordon’s representations have included work on behalf of a number of well-known companies in the pharmaceutical, financial services, national defense and accounting industries. For example, Mr. Gordon defended a company in the defense industry against a lawsuit brought by a private equity fund relating to a decision not to proceed with the sale of the company to the fund, and represented two major pharmaceutical companies in breach of contract lawsuits arising from acquisitions and divestitures of other companies. He also represented a commercial bank in a dispute relating to the acquisition of $60 million in loans, an investment management company in a dispute relating to its loan to a broker-dealer, a prominent hedge fund in a lawsuit brought by disgruntled investors, many of whom were well-known figures in the business community, and a member of a hedge fund management company in a dispute with the other member of the company. Mr. Gordon was involved in the defense of several class action lawsuits brought against a major accounting firm involving allegations of securities fraud. He also represented a prominent investment bank in connection with its defense of several hundred class action cases relating to how it allocated among its customers the opportunity to acquire shares of stock in initial public offerings.
Mr. Gordon has represented a number of companies in the financial services and pharmaceutical industries in employment disputes in federal and state courts and before the EEOC and New York State Division of Human Rights. Such disputes have included, inter alia, claims of discrimination and harassment, violations of the Family and Medical Leave Act and ERISA, breach of contract, wrongful discharge and defamation.
Mr. Gordon has represented a pharmaceutical company in product liability litigation involving a statin drug and a psychoactive pain management drug. He also has represented a member of the board of directors of a medical device company in connection with litigation that involved, inter alia, charges that the company had made misrepresentations to the FDA about the results of certain clinical trials.
Mr. Gordon has broad-based experience advising businesses with respect to general corporate matters, venture investing, and mergers and acquisitions. He serves as outside general counsel to two medical device companies and an on-line media company. He has substantial experience working on shareholder agreements, LLC operating agreements, purchase and sale agreements, employment agreements, license agreements, and confidentiality agreements.
