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David N. Cinotti

Counsel

Background

David Cinotti focuses his practice on commercial litigation, international and domestic arbitration, and appellate litigation.  He has represented clients in the financial services, hospitality, e-commerce, and healthcare industries, among others.  David has substantial experience litigating and arbitrating disputes involving breach of contract, business torts, privacy and data protection, bankruptcy, complex financial transactions, and cross-border and multi-jurisdictional issues.

Before joining PSWH, David was a counsel at Venable LLP, clerked for the Honorable Joseph M. McLaughlin of the U.S. Court of Appeals for the Second Circuit and the Honorable Richard Conway Casey of the U.S. District Court for the Southern District of New York, and was an associate at Wilmer Cutler Pickering Hale and Dorr LLP.

Representative Matters

  • Represented the liquidator of an insolvent Swiss financial-services company in bankruptcy litigation under Chapter 15 of the Bankruptcy Code against U.S., U.K., and Korean financial institutions. The case involved a dispute as to whether U.S. and Swiss bankruptcy law permitted some of the defendants to set off amounts owed the plaintiff under ISDA Master Agreements governing derivatives transactions against amounts that the plaintiff and one of its affiliates owed to another defendant under different ISDA Master Agreements.
  • Represented a Latin American State in two investment-treaty arbitrations before arbitral tribunals and an annulment committee at the International Centre for Settlement of Investment Disputes (ICSID). The case involved allegations that the State violated bilateral investment treaties by failing to pay the claimants for custom inspection services.
  • Represented an international hotel management company in a contract dispute with a hotel owner raising issues of first impression under New York law concerning the hotel owner’s right to terminate the management company without cause on the theory that the management agreement was a personal-services contract. Successfully argued interlocutory appeal to the New York Appellate Division resulting in dismissal of a trespass claim against the management company.
  • Co-wrote motion to dismiss, appellee brief to the U.S. Court of Appeals for the Third Circuit, and opposition to certiorari petition to U.S. Supreme Court resulting in dismissal of computer-privacy claims in multidistrict litigation against digital-advertising company. The plaintiffs claimed that the defendants violated federal criminal statutes when they allegedly circumvented browser privacy settings to place cookies on the plaintiffs’ devices.
  • Represented an oil-and-gas consultant in a federal securities-fraud class action claiming that the consultant’s reports concerning a publicly traded company’s ability to recover bitumen from oil sands in Alberta were misleading to investors.
  • Represented generic-drug manufacturers in antitrust suits concerning allegations that the manufacturers conspired with their competitors to fix the prices of various generic drugs.
  • Represented German and U.S. telecommunications companies in the successful defense of a multibillion-dollar civil RICO claim regarding control of a Polish joint venture, with related proceedings in multiple foreign jurisdictions.
  • Represented and advised clients regarding litigation collateral to arbitration proceedings, including petitions to enjoin and compel arbitration, and to recognize, confirm, and annul arbitral awards.

Publications

  • “Treaties as Substantive Law in U.S. Litigation” in International Aspects of U.S. Litigation (ABA 2017)
  • Co-author, “Challenging and Enforcing International Arbitral Awards in New York Courts,” in International Commercial Arbitration in New York (Oxford University Press 2010; updated 2016)
  • Competence-competence Under U.S. Arbitration Law After BG Group plc v. Republic of Argentina, 37 Romanian Arbitration Journal 5 (2016)
  • How Informed is Sovereign Consent to Investor-State Arbitration?, 30 Maryland Journal of International Law 105 (2015)
  • Co-author, Paraguay Arbitrations Result in Conflicting Decisions: Distinction Between Treaty and Contract in International Investment Arbitration, Latin American Law & Business Report (November 2012)
  • Co-author, Beyond Discrimination: AT&T Mobility LLC v. Concepcion and the Further Federalization of U.S. Arbitration Law, 12 Pepperdine Journal of Dispute Resolution (2012)
  • Co-author, Inside the 2d Cir. Analysis of Absolute Activist, Law360 (June 5, 2012)
  • Bilateral Investment Treaties Protect UAE Investors Engaged in Foreign Direct Investment, Emirates Law Journal (May 2012)
  • Co-author, E-Discovery in Cross-Border Litigation: Taking International Comity Seriously, International Dispute Resolution News (Fall 2010)
  • Note, The New Isolationism: Non-Self-Execution Declarations and Treaties as the Supreme Law of the Land, 91 The Georgetown Law Journal 1277 (2003)
  • The Incoherence of Neutrality: A Case for Eliminating Neutrality From Religion Clause Jurisprudence, 45 Journal of Church & State 499 (2003)

Professional/Civic Activities

American Bar Association, International Litigation and International Arbitration Committees
Association of the Bar of the City of New York
Federal Bar Council
International Bar Association

Bar/Court Admissions

New Jersey
New York
U.S. Supreme Court
U.S. Court of Appeals for the Second Circuit
U.S. Court of Appeals for the Third Circuit
U.S. District Court for the District of New Jersey
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 Eastern District of Michigan

Education

B.A., College of the Holy Cross, summa cum laude, 2000

J.D., Georgetown University Law Center, magna cum laude, Order of the Coif, 2003

Languages

Italian

Accolades

Included in the New York Rising Star list for the editions of 2011-2016

The Rising Stars list is issued by Thomson Reuters. A description of the selection methodology can be found at http://www.superlawyers.com/about/selection_process.html.

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