David H. Pittinsky

• Filed an amicus brief and presented oral argument pro bono on behalf of the Pennsylvania Cancer Alliance, a consortium of Pennsylvania's leading hospitals, universities, and cancer research institutions , resulting in trial and appellate court rulings that preserved $126 million in a settlement payment made by tobacco companies to the Commonwealth of Pennsylvania for health care costs related to smoking. Members of the consortium are beneficiaries of the tobacco companies' settlement payments made to the Commonwealth.
• Obtained a favorable ruling for a national insurance company in 2013 when the Third Circuit affirmed on summary judgment the company’s use of “retained asset accounts” for the payment of life insurance benefits.
• On the same day, persuaded the Third Circuit to uphold the denial of final approval of a $7 million class settlement with a national bank accused of discriminatory lending practices.
• Persuaded a federal judge in 2013 to decertify a class—and reverse his own decision—in light of a Third Circuit ruling citing state court precedent outlining the contours of the Pennsylvania Unfair Trade Practices and Consumer Protection Law.
• Led a legal team that successfully defeated attempts by plaintiff’s counsel for policyholders to enjoin the Nationwide Mutual Insurance Company merger with Harleysville Mutual Insurance Company.
• Led a team that represented a leading provider of wireless, cashless micro-transactions and networking services in successfully defeating a proxy contest. In 2012, a federal judge granted a preliminary injunction that prohibited the shareholders seeking to take control of the company’s board of directors from making disparaging statements about the incumbent management and board during the proxy contest.
• 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 the 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, David has appeared in federal district courts on behalf of numerous corporate clients in New York, Miami, Los Angeles, Atlanta, and Phoenix, as well as in Philadelphia.