David Schwarz is a partner at the firm specializing in complex commercial and securities litigation. Mr. Schwarz has served as lead counsel in numerous state and federal cases, and additionally has represented companies and individuals in criminal and civil regulatory investigations and proceedings involving the Department of Justice, the Securities and Exchange Commission, and numerous state regulatory agencies.
Mr. Schwarz graduated magna cum laude from Harvard College and received an M.Phil. in Politics from Oxford University. After graduating magna cum laude from Harvard Law School, Mr. Schwarz clerked for the Honorable Patricia Wald on the United States Court of Appeals for the District of Columbia Circuit. Mr. Schwarz joined Kellogg Hansen in 1999.
Served as trial counsel representing iHeart Communications, Inc. in a dispute with noteholders who had issued notices of default to iHeart on more than $6 billion in debt. Obtained temporary restraining order rescinding the notices of default and, after an expedited trial on the merits, won a declaratory judgment that the indentures governing iHeart’s notes permitted the challenged transaction and also won a permanent injunction rescinding the notices of default. iHeart Communications, Inc. v. Benefit Street Partners, et al. (Tex. Dist. Ct. Bexar Cnty.)
Served as lead counsel for Party City and its private equity sponsor in a putative securities class action challenging the Company’s initial public offering. Obtained dismissal of the Complaint. Jones v. Party City Holdco, et al. (S.D.N.Y.)
Represented iHeart Communications, Inc. and its private equity sponsors in derivative litigation brought by shareholders of Clear Channel Outdoor Holdings (“CCOH”) challenging certain CCOH financing transactions, the declaration of dividends, and inter-company arrangements. Obtained dismissal of the Complaint. GAMCO Asset Management Inc. v. Clear Channel Outdoor Holdings, et al. (Del. Ct of Chancery)
Represent The Bank of New York Mellon in domestic and international litigation and government investigations challenging foreign exchange services provided to customers. Obtained dismissal of multi-billion dollar False Claims Act suits brought in California, Virginia, New York, and Massachusetts. In re Bank of New York Mellon Forex Foreign Exchange Transactions Litigation (S.D.N.Y.)
Harvard Law School, J.D., magna cum laude, 1998
Oxford University, New College, M.Phil. in Politics, 1995
Harvard College, A.B., magna cum laude, 1993
Law Clerk, Judge Patricia M. Wald, U.S. Court of Appeals, District of Columbia Circuit, 1998-1999