David B. Picker
Senior Litigation Counsel
Combining careful analysis with clarity and forcefulness of expression, while never losing sight of clients’ practical needs, David B. Picker has broad experience representing plaintiffs and defendants in both trial and appellate courts in a wide range of commercial litigation matters, including contracts, commercial fraud, creditors’ rights, bankruptcy, professional malpractice, real estate, letter of credit, copyright, trademark, unfair competition, and trust and estate matters.
Representative matters include:
- Won and defended on appeal motion to dismiss legal malpractice claim based on two-year stature of limitations for negligence despite claim being characterized as a breach of contract claim (New York Central Mut. Ins. Co. v. Margolis Edelstein; 2015 WL 412519, aff’d; 637 Fed. Appx.70)
- Obtained mandatory injunction for conductor in contract dispute with orchestra.
- Second-chaired the liability phase and conducted the damages phase of an action resulting in a substantial damages award against trustees of a charitable foundation for improper investment decisions, and successfully briefed and argued the appeal. (In re Rosenfeld Foundation, 29 Fiduc.Rep.2d 271; 953 A.2d 849)
- Briefed successful motions for class certification and summary judgment in a precedent-setting case under the federal Drivers Privacy Protection Act, and successfully briefed and argued the appeal of multiple complex issues in the Third Circuit U.S. Court of Appeals (Pichler v. UNITE, 228 F.R.D. 230; 446 F. Supp.2d 353; 542 F.3d 380)
- Briefed and argued insured’s successful appeal reversing summary judgment to insurer in a coverage action.
Mr. Picker has been published in The Legal Intelligencer in an article about the Supreme Court’s decision on pleading standards in Bell Atlantic v. Twombly, and in another article titled, “A Potential New Duty to Preserve Pre-Closing Transaction Documents”, about a potential duty for transactional attorneys to preserve documents even absent any threat of litigation.
Mr. Picker regularly serves as an arbitrator for the Court of Common Pleas of Philadelphia County.
Prior to joining Spector Gadon & Rosen, Mr. Picker was an attorney with the New York City law firm Moses & Singer. During his tenure there, he was also served as a Small Claims Court Arbitrator for the New York City Civil Court and authored two articles published in “Letters of Credit Report”.
- Boston University School of Law, J.D. 1980, Magna Cum Laude
- Brooklyn College of City University of New York, B.S. 1977
- Commercial Litigation
- Professional Liability and Malpractice Litigation
- Real Estate Litigation
- Philadelphia Bar Association
- Court of Common Pleas of Philadelphia County, Arbitrator
- Pennsylvania, 1992
- New York, 1981
- U.S. District Court Eastern District of Pennsylvania
- U.S. District Court Southern District of New York
- U.S. District Court Eastern District of New York
- U.S. Court of Appeals 2nd Circuit
- U.S. Court of Appeals 3rd Circuit
- U.S. Supreme Court
- U.S. District Court Northern District of New York