Co-Chair, Commercial & Business Litigation Practice
Chair, Franchise & Distribution Practice
David’s willingness and ability to learn each client’s unique business, craft legal solutions tailored to their particular circumstances, and litigate their cases through trial has resulted in his sustained representation of large corporate clients over many years. He cultivates partnerships with his clients, and they rely on him to consider their business goals and provide counseling before they engage in costly litigation.
David specializes in litigating and arbitrating high-stakes business disputes throughout the country. For more than 20 years, David’s practice has focused on class action defense, deal-related litigation, IP litigation, and other commercial disputes. David is also recognized for depth in franchise and distribution matters, and he chairs the firm’s Franchise & Distribution Practice. His extensive experience representing and providing counseling to franchisors and manufacturers includes international brands such as Wyndham, Ramada, Wingate, Howard Johnson, IHOP, Dunkin’ Donuts, Goldwell, and McDonald’s. His work in the area of franchising and distribution law has earned him national ranking in Chambers USA: America’s Leading Lawyers for Business.
Represents a residential real estate developer in a $200 million dispute pending in the District of Maryland involving the proposed purchase of 1,250 acres of land in Prince George’s County.
- Represents a leading timeshare exchange company in a putative consumer class action pending in the District of New Jersey.
- Represents a hotel management company in an arbitration in which the claimant is seeking $15 million arising from a failed development deal in Jordan and the West Bank.
- Represents a leading timeshare exchange company in a putative class action pending in the Middle District of Florida.
- Represented a residential real estate developer in a restrictive covenant action in New York State Supreme Court, New York County. The case settled after we successfully opposed plaintiff’s application for a temporary restraining order.
- Represents a consumer products company in a patent dispute pending in the District of New Jersey.
- Represented a leading timeshare exchange company in a class action brought on behalf of 1.7 million program members in the District of New Jersey. Final approval of settlement granted.
- Obtained a ruling on behalf of a national hotel franchisor following a trial in the District of New Jersey in August 2013.
- Obtained a ruling on behalf of a national hotel franchisor following a trial in the District of New Jersey in 2012.
- Obtained a preliminary injunction on behalf of a national restaurant chain enjoining a former franchisee’s unauthorized operation in the District of New Jersey in 2012.
- Successfully represented a diversified company against fraud allegations arising from a $100 million divestiture in the Western District of New York. The case settled after 10 years of litigation.
- Represented a global manufacturer of hair products in a termination and infringement dispute with a U.S. distributor in the District of New Jersey.
- Wyndham Hotels and Resorts, LLC v. Northstar Mt. Olive, LLC, 2013 WL 1314747 (D.N.J. March 28, 2013) (granting plaintiff’s motion for summary judgment and finding defendant liable under sections 34 and 43 of the Lanham Act and for breach of the parties’ franchise Agreement)
- Days Inn Worldwide, Inc. v. May & Young Hotel-New Orleans, 2012 WL 6625627 (D.N.J. Dec. 19, 2012) (entering post trial judgment in favor of Days Inn Worldwide, Inc.)
- Grant v. Turner, 2011 U.S. Dist. LEXIS 49120 (D.N.J. May 6, 2011) (granting, among other things, defendant RCI’s motion to dismiss in putative class action, including RICO claim)
- Robbins & Myers, Inc. v. J.M. Huber Corp., 274 F.R.D. 63 (W.D.N.Y. 2011) (granting defendant Huber’s motion to compel and for sanctions)
- Crete v. Resort Condominiums Int’l, LLC, 2011 U.S. Dist. LEXIS 14719 (D.N.J. Feb. 14, 2011) (granting defendant RCI’s motion to dismiss putative class action, including RICO claim)
- Goldwell of New Jersey, Inc. v. KPSS, Inc., 622 F. Supp. 2d 168 (D.N.J. 2009) (granting, in part, manufacturer KPSS’s motion for summary judgment)
- Days Inn Worldwide, Inc. v. BFC Management, Inc., 544 F. Supp. 2d 401 (D.N.J. 2008) (granting summary judgment to Days Inn on claims for infringement under the Lanham Act and as to liquidated damages)
- Ramada Worldwide Inc. v. Sayo, Inc., 2007 U.S. Dist. LEXIS 96010 (D.N.J. July 10, 2007) (granting Ramada’s motion for summary judgment as to liability and damages and denying defendants’ motion to amend)
- Travelodge Hotels, Inc. v. Honeysuckle Enterprises, Inc., 2005 U.S. Dist. LEXIS 27791 (D.N.J. Nov. 7, 2005) (granting judgment in favor of Travelodge on its complaint and against defendants on their counterclaim after bench trial); aff’d, 244 Fed. Appx. 522 (3d Cir. 2007)
- Ramada Franchise Systems, Inc. v. Cusack Development, Inc., 1999 U.S. Dist. LEXIS 7422 (S.D.N.Y. March 24, 1999) (granting Ramada’s motion for summary judgment as to both its affirmative claims and defendants’ counterclaims and upholding the liquidated damages provision in the parties’ Franchise Agreement)
- Who’s Who Legal, The International Who’s Who of Business Lawyers (Franchise 2013-2014)
- One of only 307 lawyers to be named to the “BTI Client Service All-Stars” (2013) by The BTI Consulting Group for providing outstanding client service.
- Chambers USA: America’s Leading Lawyers for Business – Nationally ranked in the area of franchising law.
- The Best Lawyers in America (2006–2015)
- Super Lawyers (2007–2009, 2012–2014) – Consistently ranked by his peers in business litigation and in franchise/dealership law.
- “Equitable Doctrines and Legal Principles Affecting Franchise Disputes: Res Judicata, Collateral Estoppel, Waiver and More,” American Bar Association’s 36th Annual Forum on Franchising, Orlando, FL, October 16-18, 2013 (Speaker)
- Judicial Update on Franchise and Distribution Law, American Bar Association’s 30th Annual Forum on Franchising, Phoenix, AZ, October 2007 (Plenary Speaker)
- “The Shifting Landscape of Class Actions and Class Arbitrations,” American Bar Association’s 29th Annual Forum on Franchising, Boston, MA, October 2006 (Speaker)
Annual Franchise and Distribution Law Developments 2007
Franchisees: Withhold Royalties at Your Own Risk
Franchise Law Journal, Spring 2006
Liquidated Damages Provisions and the Case For Routine Enforcement
Franchise Law Journal, Spring 2001
In The National Law Journal, Law360, Best Law Firms' Law Firm Insider and on Citybizlist.com, David Sager's addition as Member of the Firm in Lowenstein Sandler's Commercial & Business Litigation group is highlighted.
The National Law Journal, Law360, Best Law Firms' Law Firm Insider, Citybizlist.com