David T. McTaggart is a commercial litigator with trial and appellate experience in courts throughout the United States and before the AAA. He has successfully represented individuals and an array of businesses including film production companies, financial institutions, hospitals, insurance companies, professional sports leagues, real estate developers, record labels and telecommunications providers.
Mr. McTaggart helps his clients solve business problems. Whatever the legal issue – breach of contract, corporate disputes, employment law, fraud, insurance coverage, intellectual property, or securities law – Mr. McTaggart develops creative and efficient solutions based on a realistic assessment of the facts and applicable law. He has taken trials to verdict and his successes include numerous multimillion-dollar recoveries, two of which substantially exceeded limitation-of-liability clauses invoked by the defendants. Mr. McTaggart also has secured dismissal of claims brought against his clients and, where outright dismissal was not an option, he has secured settlements for his clients by demonstrating a firm grasp of the issues and readiness to fight for his clients' best interests.
Mr. McTaggart is a graduate of New York University School of Law, where he was notes development editor of the New York University Law Review, and is a magna cum laude graduate of Vanderbilt University.
Areas of Practice
- Commercial Litigation
- Intellectual Property, Media and Entertainment Litigation
- Appellate Practice
- Insurance Litigation
- Defeated injunction and obtained dismissal of trade secret, tortious interference, and conspiracy claims against medical device company and its employees.
- Secured nuisance-value settlement in AAA arbitration days after deposing damages expert who valued restrictive covenant dispute in high eight figures.
- Obtained dismissal of derivative action on behalf of Delaware LLC and its majority member.
- Won multimillion-dollar arbitration for Fortune 500 bank. Panel found limitation of liability clause inapplicable to home equity loan repurchase agreement and enforced predecessor bank's obligation to repurchase defaulted loans sold in retail branch acquisition.
- Secured substantial settlement for opt-out institutional investors alleging securities fraud in connection with Wachovia collapse.
- Advised institutional investors of repurchase rights in connection with mortgage-backed securities during financial crisis.
- Obtained complete dismissal of SEC's Rule 10b-5 claims alleging vendor caused and/or aided and abetted misstatements in K-Mart 10-K quarterly earnings. SEC v. Orr, et al., 2006 WL 542986 (D. Mich. Mar. 6, 2006).
- Obtained nine-figure summary judgment on behalf of bond insurer and trustee of eight loan-backed securitized trusts against the first-layer credit insurer for the loans, MBIA Ins. Corp. et ano. v. Royal Indemnity Co., 426 F.2d 204 (3d Cir. 2005).
- Obtained pre-discovery dismissal of antitrust claims alleging client violated Sections 1 and 2 of Sherman Act.
- Represented individuals and companies in numerous internal investigations prompted by federal securities and False Claims Act investigations.
- Negotiated settlement for film production company in dispute with investor over international proceeds from Oscar-nominated film "Precious."
- Secured substantial settlement for software company in software license dispute before AAA.
- Obtained affirmance for insurance company of dismissal of software company's antitrust and trademark suit concerning insurance claim estimating software, Vedder Software Group Ltd. v. Insurance Services Office, Inc., 545 Fed. Appx. 30 (2d Cir. 2013).
- Secured multimillion-dollar settlement on behalf of French telecom company in excess of limitation of liability clause in vendor's software contract. Claim alleged vendor's software defect contributed to widespread 18-hour cellphone outage in France.
- Defeated motion for temporary restraining order seeking to prevent Major League Soccer from hosting exhibition match.
- Advised entertainers, authors, record labels and publishers of rights under copyright law, right of publicity and defamation law.
- Obtained multi-million federal jury verdict after 11-week fraud and fiduciary duty trial on behalf of insurance company against former adjuster and outside consultant.
- Recouped millions of dollars in fraudulent and preferential transfers through court-authorized adversary actions brought on behalf of bankruptcy estate and its principal unsecured creditor insurance company, In re Citron, 428 B.R. 562 (Bankr. E.D.N.Y. 2010), 2011 WL 4711942 (Bankr. E.D.N.Y. Oct. 6, 2011).
- Recovered claim payments for property insurer from homeowner who forged invoices on property loss.
- Secured settlement for video production company in mediation with excess liability carriers in connection with wrongful death suits arising out of death of R&B star Aaliyah.
- Represented World Trade Center Properties entities and Silverstein entities in successful coverage litigation arising from destruction of World Trade Center.
- Represented both insureds and insurers in numerous non-litigated CGL coverage disputes.
- Secured dismissal and affirmance on res judicata ground of employment discrimination claim brought against hospital in Harris v. Beth Israel Medical Center, 367 Fed. Appx. 184 (2d Cir. 2010).
- Defended author in declaratory judgment action to bar enforcement of foreign libel judgment, Ehrenfeld v. Bin Mahfouz, 9 N.Y.3d 501 (2007). The case prompted New York's legislature to enact The Libel Terrorism Protection Act, modifying CPLR 5304 such that New York will not recognize foreign defamation judgments that are contrary to the First Amendment. Similar federal legislation followed. 28 U.S.C. §§ 4101-4105.
- Represented New York State Bar Association before D.C. Circuit in successful defense of appeal of declaratory judgment that attorneys engaged in practice of law are not subject to FTC privacy regulations issued pursuant to Gramm-Leach-Bliley Act, American Bar Ass'n et ano. v. FTC, 430 F.3d 457 (D.C. Cir. 2005).
Commercial and Securities Litigation
Intellectual Property, Media and Entertainment Litigation
Other Cases of Note
- New York University School of Law, J.D., 2001
- Notes Development Editor, New York University Law Review
- Vanderbilt University, B.A., magna cum laude, 1998
- Duane Morris LLP
- Associate, 2015-present
- Kornstein Veisz Wexler & Pollard LLP
- Associate, 2007-2015
- Proskauer Rose LLP
- Associate, 2002-2007
- U.S. District Court for the Middle District of Alabama
- Law Clerk to the Hon. Ira S. DeMent, 2001-2002
- New York
- U.S. District Court for the Southern District of New York
- U.S. District Court for the Eastern District of New York
- U.S. District Court for the Western District of New York
- U.S. Court of Appeals for the First Circuit
- U.S. Court of Appeals for the Second Circuit
- NYC Bar – Insurance Law Committee
- The Legal Aid Society – New Leadership Board (charter member)
- Contributor, Duane Morris Insurance Law Blog
- Co-author, "New York Governor Issues One More (and One Final?) COVID-Related Executive Order Tolling Statutes of Limitations," Duane Morris Alert, October 14, 2020
- Co-author, "SDNY Finds In-Person Depositions Impose 'Undue Burden' on Nonparties During COVID-19 Pandemic," Duane Morris Alert, July 6, 2020
Co-author, "Nonessential New York State Court Litigation Put on Hold in Response to COVID-19," Duane Morris Alert, March 24, 2020
Co-author, "How to Stand Up to RICO Lawsuits," MG Magazine, June 24, 2019
Quoted, "How Rico Became the New Tool of Anti-marijuana Crusaders: An Exclusive Conversation With Seth Goldberg and David Mctaggart of the Duane Morris Cannabis Practice," Pot Network, January 14, 2019
Co-author, "Federal Court in California Dismisses RICO Claim Against Cannabis Growing Operation," Duane Morris Alert, January 10, 2019
Author, "Palin v. NY Times: The Case of the 'Unusual' Iqbal Hearing," Law360, November 27, 2017
- Co-author, "Business Interruption Insurance, COVID-19 and Direct Physical Damage under New York Law," Duane Morris Insurance Law Blog, June 15, 2020
- Co-author, "Stipulations of Dismissal with Prejudice and Res Judicata," New York Law Journal, April 11, 2011
- Co-author, "Do You Copy?: Is Copying for Personal Use a 'Right' or a 'Wrong'?" New York Law Journal, January 2006
- Co-author, "Smyth Threatens to Undercut SEC's Broad Enforcement Authority," New York Law Journal, October 12, 2005
- Note, "Reciprocity on the Streets: Reflections on the Fourth Amendment and the Duty to Cooperate With the Police," 76 N.Y.U. L.Rev. 1233 (2001)
Selected Speaking Engagements
Speaker, "Exotic Insurance Law: A Continuing Legal Education Program for Appellate Court Attorneys," New York’s Appellate Division, First Department, June 7, 2019
Speaker, "Regulatory Activism and its Impact on the Insurance Industry," CLE Presentation to Swiss Re, Armonk, New York, April 18, 2018