David J. Margules has more than 35 years of experience litigating a broad range of complex cases. Over the course of his career, he has earned the reputation as one of the top trial counsel in Delaware. A former newspaper reporter, David has been praised for the quality of his written work.
Most of his practice involves business disputes, including fiduciary duty claims, corporate valuation proceedings, corporate and partnership control fights, and insurance coverage defense. Other significant engagements include representing the Delaware State Board of Education in school desegregation litigation; the Delaware Department of Finance in litigation challenging the constitutionality of the state's escheat system; and the Delaware Bar Association in a challenge to a program designed to enhance the recruitment of minority lawyers. David also frequently counsels boards of directors, business entity management, and startup entrepreneurs.
Experience
Representative Matters
Represented Twitter in its successful enforcement of Elon Musk’s obligation to complete his acquisition of the company for $54.20 a share, an aggregate price of $44 billion. After signing a merger agreement, Mr. Musk reneged, raising various explanations for his refusal to close. Twitter brought an action for specific performance in Delaware’s Chancery Court. Working with Twitter’s lead counsel, Ballard Spahr’s team pursued discovery against more than 100 third-party witnesses, including Mr. Musk’s equity investors and attorneys. Shortly before trial, Mr. Musk announced he would go forward with the deal and obtained a stay of the litigation. On October 27, 2022, Mr. Musk closed the acquisition in accordance with the terms of merger agreement.
Professional Highlights
Professional Activities
Presenter, the Delaware State Bar Association's Litigation Academy (Session II) in Wilmington, September 2018
Guest lecturer, corporate law litigation,Vanderbilt University and University of Pennsylvania Carey Law Schools
Former Lecturer at Law (1997-1998 and 2000) and Grant Irey Lecturer at Law (1999), mergers and acquisitions seminar, University of Pennsylvania Carey Law School
Recognition & Accomplishments
The Best Lawyers in America, Intellectual Property Litigation, 2015-2023; Litigation – Mergers and Acquisitions, 2011-2024; Commercial Litigation, 2010-2024; Corporate Law, 2011-2024 (Wilmington)
Benchmark Litigation, "Litigation Star," Insurance, Commercial, 2021-2024
Chambers USA, Chancery, Delaware, 2016-2023
Speaking Engagements
Panelist, "The Return of Appraisal Rights – Who Would Have Expected an Impact on Dealmaking in 2017?" 29th Annual Corporate Law Institute, Tulane University, New Orleans, March 2017
Panelist, "Hot Topics in Valuation Law," the American Society of Appraisers and the Canadian Institute of Chartered Business Valuators joint conference, Toronto, October 2014
Board Memberships & Community Service
David is active in numerous national and local service organizations, including Jewish National Fund, AIPAC, Delaware Gratz Hebrew High School, and Chabad Lubavitch of Delaware, Inc.
Related Insights
Credentials
Education
New York University School of Law (J.D., cum laude, 1983)
Staff Member, New York University Law Review
Member, Order of the Coif
Columbia University (B.A. 1978)
Admissions
Delaware
U.S. District Court for the District of Delaware
U.S. Court of Appeals for the Second Circuit
U.S. Court of Appeals for the Third Circuit