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Mader, David S.

David S. Mader

Partner

davidmader@quinnemanuel.com
Direct Tel: +1 212-849-7148
New York
Tel: +1 212 849 7000 Fax: +1 212 849 7100

David Mader is a partner in Quinn Emanuel’s New York office.  He litigates high-stakes complex commercial disputes, with a focus on disputes involving derivatives and other complex financial instruments.  He has represented clients in litigation involving financial markets, instruments, and data; corporate takeovers; energy and resource delivery contracts; and trade secret misappropriation.  David is also a member of the firm’s Appellate Practice, and he has represented clients in appeals relating to environmental response and cleanup actions; oil and gas exploration; extra-territorial jurisdiction and discovery; and other complex commercial matters. 

Currently, David represents Lehman Brothers International (Europe) in a dispute regarding the valuation of derivatives and Bloomberg in a dispute regarding the licensing of financial data.

Previously, David represented the Lehman Brothers Creditors’ Committee in multi-billion dollar lawsuits against Citibank and Credit Suisse regarding the valuation of derivatives, including in a four-month trial against Citibank culminating in a $1.74 billion settlement.  In 2019, David obtained a precedent-setting decision in the United States Court of Appeals for the Second Circuit establishing the applicability of 28 U.S.C. § 1782, the foreign proceeding discovery statute, to materials located outside of the United States.

Prior to joining the firm, David served as a law clerk to then-Chief Judge Dennis Jacobs of the United States Court of Appeals for the Second Circuit, and to Judge T.S. Ellis III of the United States District Court for the Eastern District of Virginia.  He received a Bachelor of Arts, with first class honours, from McGill University, and a J.D., with high honors, from the University of Texas, where he was an articles editor of the Law Review.

  • Representing Lehman Brothers International (Europe) (in administration) in litigation against AG Financial Products Inc. regarding the termination and valuation of structured credit derivatives following Lehman’s bankruptcy.  The matter is awaiting trial.
  • Representing Bloomberg Finance L.P. in a dispute with UBS AG regarding the licensing and use of proprietary financial data in connection with a customer-facing portfolio and risk application.
  • Represented the Official Creditors Committee of Lehman Brothers Holdings, Inc. in a multibillion lawsuit against Citibank, N.A., including litigation over Citi’s calculations of close out amounts arising from the early termination of nearly 30,000 derivative trades. After almost five years of fact and expert discovery, multiple summary judgment and other pre-trial motions, and 42 days of trial, the parties reached a settlement that will return $1.74 billion to Lehman’s creditors.
  • Represented the Official Creditors' Committee of Lehman Brothers Holdings Inc. in adversary proceedings against multiple other major financial institutions related to the close-out and valuation of derivatives following the Lehman bankruptcy.
  • Obtained $75 million arbitration award, and dismissal of $60 million counterclaim, on behalf of Occidental Petroleum Corp. in a dispute relating to the construction and operation of a natural gas treatment plant.
  • Obtained unanimous affirmance of regulatory approvals granted to subsidiaries of Shell Oil Co. in connection with exploratory offshore drilling on the Alaskan Outer Continental Shelf.
  • Represented Allstate Insurance Co. in litigation against multiple major financial institutions in litigation relating to the sale of residential mortgage-backed securities.
  • Represented VR Capital Partners L.P. in a lawsuit alleging fraud against Russian investment bank Trioka Dialogue related to an investment in a failed factoring company, obtaining a successful settlement.
  • The University of Texas School of Law
    (J.D., with High Honors, 2007)
    • Chancellors
    • Order of the Coif
    • Texas Law Review:
      • Articles Editor
  • McGill University
    (B.A., Honors, History, 2004)

The State Bar of New York; United States Court of Appeals: Second Circuit, Seventh Circuit; United States District Court: Southern District of New York

  • Law Clerk to the Hon. Dennis Jacobs:
    • United States Court of Appeals for the Second Circuit, 2008-2009
  • Law Clerk to the Hon. T.S. Ellis III:
    • United States District Court for the Eastern District of Virginia, 2007-2008
  • "Wilbur’s Conundrum: Property in the DNA of Selectively Bred Animals," 86 Texas Law Review 191 (2007)