David E. Potter

Practice Areas:

Commercial Litigation, Employment

(212) 784-2402

David Potter primarily handles commercial litigations and employment law matters.

Mr. Potter has conducted over 35 jury trials and numerous appellate arguments in state and federal courts. He also represents clients in arbitrations and other alternative dispute forums. For over 25 years, he has been a faculty member for the National Institute of Trial Advocacy and the Hofstra University Trial Techniques Program.

Mr. Potter also regularly advises employers and employees on a variety of matters related to employment contracts, non-competition and trade secret agreements, employee termination, employment handbooks and equity plans.

Representative Matters

  • Defended former CEO of insurance company against breach of fiduciary duty and fraud claims in New York State Supreme Court;
  • Defended commodities brokerage firm in a federal court trial of a disability discrimination claim;
  • Represented executive in breach of employment agreement arbitration related to alleged termination for cause;
  • Defended foreign company in a misappropriation of trade secrets case in the United States District Court, Northern District of California;
  • Defended head of trading group against claims of breaches of fiduciary duty and a non-solicitation agreement before the Financial Industry Regulatory Authority (FINRA);
  • Represented energy company in FINRA and Delaware Bankruptcy Court in connection with claim by investment bank claim for an eight-figure fee;
  • Provide outside general counsel advice to large New York services company;
  • Defended Lloyds’ Underwriters against a multi-million dollar fidelity bond claim in New York State Supreme Court;
  • Defended law firm partner in a breach of a guarantee of lease agreement suit in New York State Supreme Court.
New York State Bar Association
New York City Bar Association
New York
District of Columbia
United States District Courts for the Eastern Districts of New York
United States District Courts for the Southern Districts of New York
United States Court of Appeals for the Second Circuit
Albany Law School at Union University (JD, Order of the Barristers, 1986)
St. Lawrence University (BA 1982)