David K. Momborquette focuses his practice on complex commercial litigation, regulatory matters and internal investigations, primarily for clients in the financial services industry, including hedge funds, private equity funds, venture capital funds and interdealer brokers. He has extensive experience representing entities and individuals in both private securities litigation and securities regulatory and other related matters, including investigations by the Securities and Exchange Commission, Financial Industry Regulatory Authority, US Attorneys’ offices, New York Stock Exchange, state attorneys general offices and state securities regulators.
David also has litigated numerous cases in federal and state courts throughout the United States and before arbitration panels from the commencement of claims through trials and appeals in matters involving allegations of insider trading, violations of the federal securities laws, market manipulation, breach of fiduciary duty, common law fraud, employee raiding, trademark violations, misappropriation of trade secrets and other business torts.
He regularly counsels hedge funds and other financial services companies on regulatory and compliance issues relating to insider training, market manipulation, SEC examinations, and other regulatory and compliance issues, and assists clients in developing and implementing internal policies and procedures, as well as conducting internal compliance training programs.
David is a frequent author on securities regulations. He also lectures on compliance training and presents on regulatory compliance and enforcement issues. While in law school, David served as the note editor of the Boston University Law Review.
- Represented a chairman in securities class action, two separate private actions, as well as certain government inquiries and companies’ bankruptcy all arising out of accounting irregularities at the company*
- Represented a limited partnership and certain individuals in securities class actions arising from roll-up of real estate limited partnerships*
- Represented a major interdealer brokerage firm in various arbitrations and civil litigations arising out of a global corporate raid by a competitor, including a four-and-a-half month jury trial*
- Represented an investment manager in connection with wind-up of funds and related US- and Cayman Island-based litigation, as well as state and federal regulatory investigations*
- Represented an investment manager and related entities in connection with investor suits arising from wind-up of investment*
- Represented several investment managers in connection with regulatory investigations into trading activities*
- Represented an investment manager in connection with various matters arising from the theft of investor assets by employee of investment manager*
- Represented an investment manager and offshore fund in connection with fraudulent conveyance claims brought by supplier of portfolio company*
- Represented an investment manager in connection with a challenge to a merger involving a portfolio company*
- Represented a group of investment managers and related entities in fraudulent conveyance actions arising from leveraged buyout transactions*
- Counseled an investment fund in connection with civil action seeking to enjoin proxy solicitation*
- Counseled a private equity fund in connection with civil litigation arising from a “go shop” provision of a merger agreement*
- Counseled a private equity fund in connection with shareholder action brought to enjoin a proposed merger*
- Counseled a securities firm in connection with civil action arising from hiring of CDO group*
- Counseled certain investment funds in connection with SEC investigation into certain private placement transactions*
- Counseled certain officers and directors in connection with securities class action and private civil action*
- Counseled Kaydon Corporation in connection with fraudulent conveyance action arising from a series of corporate transactions involving now bankrupt entity*
- Counseled certain officers and directors in connection with breach of fiduciary duty claims arising from corporate merger*
- Counseled an independent consultant to New York Stock Exchange retained in connection with review of the NYSE’s rules, practices and procedures applicable to floor members*
- Counseled officer and director in connection with securities class action and derivative action arising out of the fraudulent trading activity of government bond trader*
- Counseled NASDAQ securities trader in connection with SEC investigation into certain market making activity*
- Counseled a special committee of outside directors of Fine Host in connection with an internal investigation, securities class actions and government inquiries arising out of accounting irregularities at the company. Also represented former officer in connection with shareholder class action and bondholder action*
*Matter handled prior to joining McDermott.
- American Bar Association, member
- New York City Bar Association, member
Boston University School of Law, JD, 1990
Boston University, College of Liberal Arts, BA, 1986
Courts / Agencies
US Court of Appeals for the Second Circuit
US District Court for the Southern District of New York
US District Court for the Eastern District of New York