David Giller, Counsel, Restructuring Litigation

David Giller

Counsel

Areas of Focus

David Giller, Counsel, Restructuring Litigation

David Giller

Counsel

dgiller@akingump.com

Areas of Focus

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Biography
  • Practice focuses on complex commercial litigation in federal and state courts, with an emphasis on restructuring litigation arising from Chapter 11 cases.
  • Represents companies and individuals in high stakes litigation and investigations.

David represents corporate and individual clients in a broad array of complex commercial litigation and government investigations often under expedited timelines. He has litigated in federal and state courts at the trial and appellate levels, and has advised clients on a wide range of issues, including fraudulent transfer, contract and indenture disputes, cryptocurrency litigation, white collar defense and internal investigations, and securities fraud. In addition, David has represented debtors, unsecured creditors committees, and ad hoc groups in connection with litigation arising from the restructuring process, including standing motions, contested plan confirmation, liability management exercises, and adversary proceedings.

David also maintains an active pro bono practice. He has litigated voting rights and civil rights cases across the country in both state and federal courts, as well as representing indigent defendants in criminal and immigration proceedings.

Prior to joining Akin, David was a New York-based associate in the litigation group of another international law firm. He also clerked for the Honorable Jenny Rivera on the New York State Court of Appeals and the Honorable Robert E. Grossman on the U.S. Bankruptcy Court, Eastern District of New York.

While in law school, David served as the editor-in-chief of the Journal of Law and Policy and a member of the Moot Court Honor Society

Representative Work

Restructuring Litigation and Reorganization

  • Led investigation into fraudulent transfers and breaches of fiduciary duty by management on behalf of the Unsecured Creditors' Commitee of GWG Holdings.
  • Successfully tried a weeklong contested plan confirmation surrounding enterprise valuation on behalf of Cumulus Media.
  • Represented the Unsecured Creditors Commitee of Silicon Valley Bank in litigation against the FDIC regarding $1.8 billion in deposits.
  • Represented the Independent Commitee of Sears Holdings in connection with an investigation into prepetition transactions and contested plan confirmation.
  • Defended Westchester County in an adversary proceeding arising from a breach of contract.

Complex Commercial Litigation

  • Represented a communications company in an expedited merger litigation in Delaware Chancery arising from a material adverse effect.
  • Represented equipment supplier in anti-trust lawsuit against Caterpillar.
  • Advised an individual client in years-long litigation surrounding the sale of an office building and arbitration over the proceeds.

White Collar Defense and Government Investigations:

  • Counseled a multinational corporation in response to an investigation by the New York Attorney General.
  • Defended a former executive in a U.S. Securities and Exchange Commission (SEC) investigation and subsequent civil litigation.
  • Conducted internal investigation of pharmaceutical company in connection with examination by the SEC.

Pro Bono

  • Led a trial team that successfully argued a case claiming that North Carolina’s voter ID law discriminated against African American voters.
  • Served as co-counsel in a Florida litigation seeking to strike down law that prevented Floridians with prior felony convictions from voting until they paid outstanding fines and fees, regardless of their ability to pay.
  • Appealed an indigent prisoner’s sentence and assisted in securing his early release.
  • Represented a nonprofit organization in opposing a parent’s improper request for a religion exemption from vaccination requirements.
  • Represented transgender prisoners in habeas proceedings.
  • Drafted an amicus brief for the U.S. Supreme Court on behalf of elected officials opposing the inclusion of a citizenship question in the census.

List may include matters worked on prior to joining Akin.

Education
  • J.D., Brooklyn Law School, magna cum laude, 2014

  • B.A., State University of New York at Geneseo, 2006

Clerkships
  • U.S.B.C., Eastern District of New York

  • New York Court of Appeals

Bar Admissions
  • New Jersey

  • New York

Recognitions
  • Legal Aid Society, Pro Bono Publico Award, 2021.

Insights and Achievements

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