David H. Pittinsky is a senior litigation partner in the Litigation Department. During more than 40 years of litigation practice, Mr. Pittinsky has been involved in almost every aspect of complex commercial litigation. He has extensive experience in defending and prosecuting complex commercial, antitrust, federal securities, RICO, ERISA, qui tam, trade secret, and contract claims commenced in federal court. He also handles mortgage-related litigation, including class action foreclosure and fair lending cases. Among the clients he has represented, and continues to represent, are Northrop Grumman Corporation; PNC Bank, N.A.; DuPont; and Lucent Technologies.
Representative Matters
- In 2006 and 2007, defeated in the Pennsylvania state courts all attempts by the Commissioners of Lancaster County to prevent the construction of the Lancaster County Convention Center
- In 2005 and 2006, represented Lucent Technologies and obtained a multimillion-dollar award on its behalf in a market timing lawsuit
- Served as lead trial lawyer defending DuPont in a $300 million fraud and breach of contract claim arising out of the sale of a joint venture owned by DuPont and ConAgra; in 2005, after a nonjury trial, the Delaware Superior Court decided all of the issues involved in favor of DuPont, and decision of the Superior Court was subsequently affirmed by the Delaware Supreme Court
- In 2004, obtained a $110 million summary judgment on behalf of PNC Bank and Fleet Bank (now Bank of America) against an insurer based upon a credit risk insurance policy in the U.S. District Court for the District of Delaware
- Because of his experience in handling complex commercial litigation, was retained by Northrop Grumman to pursue a $50 million government contract claim against the Air Force; in 1999, completed a 77-day trial before the Armed Services Board of Contract Appeals in this matter; in 2003, the ASBCA handed down a decision that represented a significant liability victory for Northrop Grumman; in 2005, the ASBCA denied the Air Force's counterclaim
- In 1995, represented AT&T Corp. in its successful defense of a $200 million Sherman Act and Communications Act complaint commenced by a reseller of long-distance telephone services; after 12 weeks of trial, the jury returned a verdict in favor of AT&T on all of the plaintiff's claims and, in addition, awarded AT&T $669,000 on its counterclaim
- In the fall of 1994, represented The Philadelphia Orchestra in a multimillion-dollar claim against The Walt Disney Company arising out of the sale of the "Fantasia" home video containing classical music provided by The Philadelphia Orchestra; after a six-day jury trial, the case was settled
- In 1991-1992, represented Litton Industries in winning a landmark decision before the Second Circuit Court of Appeals in a RICO and federal securities case arising out of the Dennis Levine insider-trading scandal
In recent years, Mr. Pittinsky has appeared in federal district courts on behalf of numerous corporate clients in New York, Miami, Minneapolis-St. Paul, and Seattle, as well as in Philadelphia and Camden, New Jersey.