David J. Stone

Partner

Contact

Email: stone@bespc.com
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Professional Activities and Associations

Legal Advisory Counsel, Sanctuary for Families
New York State Bar Association

Education

J.D., Boston University School of Law, 1994. Editor, Law Review
B.A. Tufts University, 1988, Cum Laude

Bar Admissions

New York
California (Inactive)
United States Courts of Appeals for the Second Circuit and Third Circuit
United States District Courts for the Southern District of New York, Eastern District of New York, and Northern District of California

Legal Career

2004-2010 Greenberg Traurig LLP
2000-2003 Morrison & Foerster LLP
1995-2000 Cravath, Swaine & Moore LLP
1994-1995 Clerkship: Chief Judge Joseph L. Tauro, United States District Court for the District of Massachusetts

Areas of Practice

David has a broad background in complex commercial litigation, with particular focus on litigating corporate fiduciary claims, securities, and contract matters. However, David maintains a versatile practice, representing clients in a wide-range of matters, including consumer class actions (prosecuting and defending), litigating complex debt instruments, master limited partnerships, fraudulent conveyance actions, and appeals. David actively litigates cases in federal and state courts, at both the trial and appellate levels. David also counsels clients on general business matters, including contract negotiation and corporate organization.
Representative cases include:

•  Castillo v. Seagate Technology LLC, United States District Court for the Northern District of California:  Prosecuting claims on behalf of a class of current and former Seagate employees and their spouses arising out of a data breach in which Seagate disclosed the employees’ 2015 Form W-2 information to third-parties.

•  Feinman v. T.D. Bank, N.A., United States District Court for the District of New Jersey:  Prosecuting claims arising out of T.D. Bank’s defective Penny Arcade coin-counting machines.

• Energy & Exploration Partners, Inc. Creditor Trust:  Representing Creditor Trustee investigating potential claims against former officers and directors of Energy & Exploration Partners, Inc.

Brinckerhoff v. Enbridge Energy Company, Inc., Court of Chancery State of Delaware: Prosecuting claims for breach of fiduciary duty arising out of master limited partnership dropdown transaction.

• Advance Watch Company, Ltd. Creditor Trust: Representing Creditor Trustee investigating potential claims against former officers and directors of Advance Watch Company, Ltd.

In re Activision Blizzard, Inc. Stockholders Litigation, Court of Chancery of the State of Delaware: Prosecuted derivative and class claims for breach of fiduciary duty arising out of multi-billion dollar corporate restructuring transaction. Action resulted in the largest cash derivative settlement in the history of the Court of Chancery.

Sateriale v. R.J. Reynolds Tobacco Co., United States District Court for the Central District of California; United States Court of Appeals for the Ninth Circuit: Prosecuting class claims arising out of R.J. Reynolds Tobacco Co.’s termination of the Camel Cash Loyalty Program. Successfully obtained certification of a class of California consumers for claims of breach of the implied covenant arising out of unilateral contract.

Financials Restructuring Partners, Ltd. v. Premier Bancshares, Inc., Supreme Court of the State of New York: Defended former bank holding company against claims for breach of contract under Trust Declaration and Indenture issued in connection with debt financing transaction.

In re El Paso Pipeline Partners, L.P. Derivative Litigation, Court of Chancery of the State of Delaware: Prosecuting claims for breach of fiduciary duty against general partner of Master Limited Partnership arising out of $1.4 billion “drop down” transaction of liquid natural gas assets.

Ator Limited v. Comodo Holdings Limited, United States District Court for the District of New Jersey: Defended counter-claim defendant Elvate, LLC, against claims of fraudulent inducement in connection with the sale of a start-up technology company.