Overview
Within David Greenberg’s varied litigation practice, he defends retailers and media companies against class action cases alleging consumer fraud and deceptive marketing practices. He also defends and prosecutes false advertising and unfair competition claims and represents commercial and retail tenants in leasing disputes with their landlords.
David leverages his litigation experience to help creative agencies and online media and entertainment companies avoid future litigation risk with well-crafted agreements and contracts. When faced with a claim, he seeks early resolutions driven by his clients’ business goals. If an early resolution is not possible, he draws on his significant trial experience to present impactful evidence and craft persuasive arguments that position clients for positive outcomes in court or arbitration.
As companies increasingly interact with their customers online, David brings knowledge and experience in implementing arbitration and class action waiver clauses in online terms and conditions. He also handles claims of deceptive marketing, ranging from “free-to-pay conversion” membership programs to inadequate disclosures connected with online learning and entertainment programs.
David also represents a range of apparel retailers, accounting firms and media conglomerates in landlord-tenant disputes.
Prior to joining Davis+Gilbert, David was a litigation associate at Proskauer Rose, where he worked with large teams litigating major commercial cases. Before law school, he worked for a small motion picture post-production company servicing major film studios.
Representative Experience
- Obtained dismissal of a putative class action against a media and home entertainment retailer alleging deceptive practices in connection with marketing and enrollment of customers in its loyalty program.
Represented a major online content network in a pair of putative class actions that targeted the company’s entertainment websites, alleging inadequate disclosures in the membership signup process. Negotiated favorable early resolutions for the company.
Brought claims in arbitration on behalf of a major media and marketing services company arising from a New York City landlord’s overcharges in connection with a lease’s rent escalation clause. Reached a settlement that saved hundreds of thousands of dollars in escalation rent on the eve of the hearing.
Represented an American fashion company in an expedited arbitration concerning the company’s right to sublease one of its New York City retail premises to a first-class international “fast fashion” retailer. Arbitrator’s award unequivocally confirmed the company’s right to place its selected subtenant in the space, despite the subtenant’s lack of status as a “luxury” retailer.
Defended an ad agency against a claim by a former employee of a long-defunct advertising agency alleging that the company, as an alleged successor to his agency, owed him over $1.2 million in unpaid retirement benefits. The court granted our motion for summary judgment and dismissed the claim, holding that a retirement plan administrator could not be held liable to pay benefits out of its own, non-plan funds.
Defending a nationwide food distributor in a putative class action alleging deceptive practices in the packaging and labeling of its product. Filed a pre-answer motion to dismiss, arguing that the claims are preempted by federal food and drug packaging and labeling laws and that the named plaintiff does not meet the necessary criteria to bring most of its claims.
Secured injunctive relief for a clothing retail company, whose operations had been significantly impacted by COVID-19, preventing numerous landlords from terminating the company’s leases at various locations in the New York City area.
Insights + Events
- Alert For Compete’s Sake! Delaware Court Declines to Enforce Sale-of-Business Restrictive Covenants
December 15, 2022
- Event Association of National Advertisers | Brand Activation Legal Committee Meeting Webinar
April 21, 2022
- Alert You Can Believe It’s Not Butter: NY Judges Dismiss “Butter” Class Actions
December 6, 2021
- Alert Court Enforces Arbitration Clause in In-Home Services App Agreement
October 11, 2021
- Alert “Grand Finale?” — Supreme Court to Address the Definition of “Automatic Dialer” Under the TCPA
September 30, 2020
- Alert Protective Covenant Considerations in the COVID-19 Era
May 20, 2020
- Alert COVID-19: As Cases Continue to Spread, Will Court Cases Begin to Spread?
April 29, 2020
- Alert New York State Implements Sick Leave for Employees Required to Quarantine or Self-Isolate By Government Order
March 20, 2020
- Press Mention Albany Business Review | FYE Owner Asks Court To Dismiss Lawsuit That Claims Customers Were Deceived
January 22, 2019
- Alert “Dialing It Back?” Federal Courts Weigh in on “Autodialers” After Appeals Court Strikes Down FCC Interpretation of TCPA
June 20, 2018
- View More
Credentials
Education
- Fordham University School of Law (J.D., 2002)
- Member, Fordham Law Review
- Brandeis University (B.A., cum laude, 1997)
Bar Admissions
- New York
Court Admissions
- U.S. District CourtSouthern District of New York
- U.S. District CourtEastern District of New York
Associations
Member, American Bar Association
Member, New York State Bar Association
Member, New York City Bar Association
Member, Federal Bar Council