Highlights & Accomplishments
Jury verdict in a commercial lease dispute on behalf of a shopping mall owner
Obtained arbitration award in favor of real estate developer in joint venture dispute
Successfully defended fraud claim relating to purchase of real estate after bench trial verdict
Jury verdict in federal court on behalf of a large consulting firm in a contract dispute, and successfully affirmed the verdict at the U.S. Court of Appeals for the First Circuit
Prevailed in the Southern District of New York on a motion to dismiss federal securities law claims against the former officers of a regional telecommunications company, and successfully defended appeal at the U.S. Court of Appeals for the Second Circuit
$4.5 million judgment against a prominent life insurance company for unfair claims settlement practices
Contributing Author to Massachusetts Continuing Legal Education’s treatise entitled Damages, Interest and Attorney Fees in Massachusetts Litigation (authored chapter entitled Settlement Evaluation and Negotiation)
Mediator with North Shore Community Mediation Center (NSCMC) (October 2015 – Present)
Frequently quoted in Massachusetts Lawyers Weekly on commercial litigation decisions.
Panelist in numerous MCLE and BBA seminars
Biography
David began his practice as a commercial litigator in 1995. In his nearly 25-year career, he has achieved success at the state and federal trial and appellate courts, as well as in arbitration proceedings. David advises individuals and public and private companies on a wide range of matters, including:
- Breaches of contract
- Misappropriation of trade secrets
- Employment disputes (such as Wage Act and non-competition/non-solicitation covenants)
- Insurance coverage issues
- Corporate governance (e.g., self-dealing, corporate freeze outs)
- Conflicts between trustees and beneficiaries
- Land use
- Commercial and residential landlord-tenant matters
David provides practical, efficient advice to clients suitable to the particular circumstances at hand, and advises clients what they need to hear, rather than what client may wish to hear.
David provides mediation and arbitration services through AMANDA ADR and is a volunteer mediator in civil cases at the Salem District Court and through the North Shore Mediation Center. David resides in Beverly with his wife and two children.
David joined OCM in 2005 after spending ten years in the litigation departments of the Boston firms Hutchins, Wheeler & Dittmar, P.C. and Nixon Peabody LLP.
Honors & Awards
- Martindale Hubbell Distinguished Rating
- Massachusetts Super Lawyer
- 2010 to date
- Voted Massachusetts “Rising Star” attorney
- 2005
Work Experience
- O’Connor, Carnathan and Mack, LLC Partner (2005 – Present)
- Nixon Peabody, LLP (2003-2005)
- Hutchins, Wheeler & Dittmar, P.C. (1995-2003)
Memberships
- American Bar Association and Massachusetts Bar Association
- Board of Directors, North Shore Community College Foundation (December 2021-present)
- City of Beverly Planning Board (2005-2017)
- Board of Directors, Camp Bauercrest (2004-2015)
Education
- J.D., University of Connecticut School of Law (1995)
- A.B., Dartmouth College (1992)
Bar Admission
- Massachusetts
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