Pashman Stein Walder Hayden P.C. Named New Jersey Law Journal’s Law Firm of the Year 2023*

David N. Cinotti, Pashman Stein Walder Hayden P.C. Photo
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Overview

David N. Cinotti is a litigator who represents clients in complex commercial disputes, international and domestic arbitration, and appellate litigation. He regularly handles cases in both state court and federal courts, including the U.S. District Courts for the District of New Jersey, the Eastern District of New York, and the Southern District of New York, as well as appeals to the U.S. Courts of Appeal for the Second and Third Circuits.

David is an experienced international and federal commercial litigator, having clerked for two federal judges and worked for nearly a decade at Am Law 100 firms in New York. As a result of his extensive federal-court experience, he was elected to serve as a Trustee of the Association of the Federal Bar of New Jersey, an organization recognized for bringing together distinguished judges and lawyers and serving as the voice of the federal bar in New Jersey. His insight on the federal courts is an asset to his commercial clients, which range from global companies to businesses based in New Jersey.

David draws upon his previous experience working at Venable LLP and Wilmer Cutler Pickering Hale and Dorr LLP to provide clients with sophisticated legal counsel. He is often tapped by lawyers from out-of-state firms to provide local counsel on high-stakes litigation matters that are venued in New Jersey or New York. Additionally, David works with counsel outside the United States in international disputes and has extensive experience advising non-U.S. clients and counsel on U.S. law and legal procedures, including the applicability of 28 U.S.C. § 1782 to compel discovery. He also litigates, writes, and comments extensively on U.S. courts’ application of the Federal Arbitration Act and the New York Convention.

David represents clients across a wide variety of industries including financial services, hospitality, e-commerce, real estate, and healthcare, among others. His cases typically involve complex legal analysis and motion practice, as well as large volumes of electronic discovery. David’s diverse experience includes matters involving bankruptcy litigation, RICO and fraud claims, data privacy, breach of contract, business torts, unconstitutional treatment of property rights, cross-border and multi-jurisdictional issues, and white-collar criminal defense.

David served as a law clerk to 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.

In David's Words:

"Before joining Pashman Stein, I worked at Am Law 100 firms in New York for almost 10 years. Pashman Stein has the same deep commitment to client service and excellence as those larger firms, along with a dedication to our communities. My colleagues are some of the best lawyers with whom I've practiced, and it is a privilege to work with them."

Experience

Representative Matters

Our firm is proud of the results it has achieved for clients, some of which are noted here.  Of course, each legal matter is unique on many levels, and past successes are not a guarantee of results in any other pending or future matters.

  • Representing Catholic charitable organization as amicus in Third Circuit appeal relating to New Jersey statute banning privately operated detention centers.
  • Representing insurers on appeal to New Jersey Appellate Division relating to applicability of mandatory alternative dispute resolution to claims that healthcare providers obtained insurance benefits through fraud.
  • Representing foreign medical-device company in federal proceedings relating to enforcement of Swiss arbitration award.
  • Representing digital video-streaming service provider in class action alleging violations of federal Video Privacy Protection Act.
  • Representing Brazilian real-estate company in petition for discovery under 28 U.S.C. § 1782.
  • Represented engine-repair company on successful motion to compel arbitration under collective-bargaining agreement of proposed class claims for violation of state wage-and-hour law.
  • Represented a liquidating trustee appointed by a federal bankruptcy court on successful appeal to the New Jersey Appellate Division reversing dismissal of more than $200 million in claims against the corporate parents and affiliates of an insolvent entity relating to environmental liabilities for pollution of the Passaic River; successfully defeated petition for certification to New Jersey Supreme Court.
  • Represented five international banks in defense of petition under 28 U.S.C. § 1782 to obtain discovery for use in foreign arbitration and litigation proceedings relating to dispute concerning ownership of Brazilian entity.
  • Serving as local counsel to a publicly traded company in a federal antitrust and trade-secrets dispute in the life-sciences data industry concerning hundreds of millions of dollars in alleged damages.
  • Represented a hedge fund against the trustee and securities administrator of a residential mortgage-backed securities (“RMBS”) trust before the New York Appellate Division, First Department. The case concerned an issue of first impression—whether a no-action clause that requires securities-holders in an RMBS trust to obtain the permission of their fellow securities-holders before suing applies to claims seeking to enforce the right to receive payment on the securities.
  • 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, First Department, 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 the 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 developers in federal constitutional litigation against New Jersey municipalities. One case concerned allegations that the municipality abused its eminent-domain power for corrupt purposes – a case that was widely covered by national and local media. The other case concerned allegations that the municipality abused its power to exact unlawful concessions from our client.

Reported Decisions

  • In re RH2 Participações Societárias LTDA, No. 23-4025(GC)(JTQ), 2024 WL 3598379 (D.N.J. July 31, 2024)

  • Molecular Dynamics, Ltd. v. Spectrum Dynamics Medical Limited, No. 22 Civ. 5167 (KPF), 2024 WL 3523414 (S.D.N.Y. July 23, 2024)

  • Exclusive Trim, Inc. v. Kastamonu Romania, S.A., 698 F. Supp. 3d 621, 2023 WL 6664614 (S.D.N.Y. Oct. 12, 2023)
  • Commodity Futures Trading Commission v. Worldwide Markets, Ltd., 675 F. Supp. 3d 496 (D.N.J. 2023)
  • Solomon v. Flipps Media, Inc., No. 22 Civ. 5508 (JMA), 2023 WL 6390055 (E.D.N.Y. Sept. 30, 2023)
  • Vaswani, Inc. v. Atlantic Enterprises Ltd., No. 2:22-cv-00137 (BRM), 2023 WL 4740905 (D.N.J. July 25, 2023)

  • Querette v. Chromalloy Gas Turbine LLC, No. 22-CV-00356 (PMH), 2023 WL 145014 (S.D.N.Y. Jan. 10, 2023)

  • Molecular Dynamics Ltd. v. Spectrum Dynamics Medical Ltd., 22 Civ. 5167 (KPF), 2022 WL 17418695 (S.D.N.Y. Nov. 28, 2022)

  • Molecular Dynamics Ltd. v. Spectrum Dynamics Medical Limited, No. 22 Civ. 4332 (PAE), 2022 WL 2901559 (S.D.N.Y. July 22, 2022)

  • IQVIA Inc. v. Veeva Systems, Inc., No. 17-177 (JXN), 2022 WL 111059 (D.N.J. Jan. 12, 2022)

  • N.J. DEP v. Occidental Chem. Corp., A-2036-17, A-2038-17, 2021 WL 6109820 (N.J. App. Div. 2021)

  • Solomon Schechter Day School of Bergen County v. C&A Benefits Group LLC, Civ. No. 2:20-cv-1122 (WJM), 2021 WL 1573843 (D.N.J. Apr. 22, 2021)
  • In re Application of Atvos Agroindustrial Investimentos S.A. Under 28 U.S.C. § 1782, 481 F. Supp. 3d 166 (S.D.N.Y. 2020)
  • 615 River Road Partners, LLC v. Borough of Edgewater, Civ. No. 2:17-12659, 2019 WL 1930755 (D.N.J. Apr. 30, 2019)

  • Basso v. New York University, 16 Civ. 7295 (VM), 2017 WL 1019505 (S.D.N.Y. Feb. 24, 2017)

  • Anato Opportunity Fund I, L.P. v. Wells Fargo Bank, N.A.,153 A.D.3d 1161 (1st Dep’t 2017)
  • In re Google Inc. Cookie Placement Consumer Privacy Litigation, 806 F.3d 125 (3d Cir. 2015), cert. denied, 137 S. Ct. 36 (2016)
  • Aircraft Services Resales LLC v. Oceanic Capital Co., 586 F. App’x 761 (2d Cir. 2014)
  • Eden Roc, LLLP v. Marriott International, Inc., 116 A.D.3d 486 (1st Dep’t 2014)
  • SGS Société Générale de Surveillance S.A. v. Republic of Paraguay, ICSID Case No. ARB/07/29, Decision on Annulment (May 19, 2014), Award (Feb. 10, 2012)
  • Collins v. Oilsands Quest Inc., 484 B.R. 593 (S.D.N.Y. 2012)
  • Bureau Veritas, Inspection, Valuation, Assessment and Control, BIVAC B.V. v. Republic of Paraguay, ICSID Case No. ARB/07/9, Further Decision on Objections to Jurisdiction (Oct. 9, 2012)
  • Colliers ABR, Inc. v. Famurb Co., 101 A.D.3d 409 (1st Dep’t 2012)

  • Alliance for Open Society International, Inc. v. USAID, 254 F. App’x 843 (2d Cir. 2007)

Recognition

Honors & Recognitions

Selected for inclusion in the list of:

  • New Jersey Super Lawyers, 2022-2024
  • New York Super Lawyers, Rising Star, 2011-2017

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

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.

No aspect of this advertisement has been approved by the Supreme Court of New Jersey.

News & Insights

News

Speaking Engagements

Publications

Associations

Community & Professional

  • Trustee, Association of the Federal Bar of New Jersey
  • New York City Bar Association, International Commercial Disputes Committee; former member of Federal Courts, European Affairs, and International Law Committees
  • Cento Amici
  • Former Adjunct Professor, Seton Hall University School of Law
  • Former Expert for Permanent Observer Mission of the Holy See to the United Nations; delegate of Holy See to Sixth Committee (Legal) of the General Assembly and the United Nations Commission on International Trade Law

Bar Admissions

  • New York
  • New Jersey

Court Admissions

  • U.S. Supreme Court
  • U.S. Court of Appeals, Second Circuit
  • U.S. Court of Appeals, Third Circuit
  • U.S. District Court, District of New Jersey
  • U.S. District Court, Southern District of New York
  • U.S. District Court, Eastern District of New York
  • U.S. District Court, Eastern District of Michigan

Education

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

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

Languages

  • Italian
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