Adler, David F.

Current Employment Position(s)

Partner

Lawyer Overview

David Adler's practice focuses on representing financial institutions and other businesses in complex commercial litigation, regulatory matters, and internal investigations. He has represented clients on matters pertaining to securitizations and financial instruments, fraud, security trading practices, mergers and acquisitions, business valuation, corporate governance, and complicated accounting and tax issues.

David's recent representations include: RBS Citizens N.A. in putative class actions pending in the multidistrict litigation In Re: Checking Account Overdraft Litigation, Morgan Stanley and RBS Securities in a suit by the city of Cleveland concerning their subprime mortgage securitization activities, RBS Group in the Enron securities fraud litigation, a public auditing firm in litigation relating to its attest work for a failed commercial mortgage lender, and financial institution clients in SEC, FINRA, and attorney general investigations.

David also has a business background, having served as president of a mid-size manufacturer of metal products from 1992 to 1995. He is a member of the Cleveland Bar and New York State Bar Associations. His public service activities include serving on the board of trustees of the Jewish Community Federation of Cleveland, Ohio, on the Federation's Community Relations and Development Committees, and as head of the Federation's Israel portfolio.

Areas of Practice

• Financial Institutions Litigation & Regulation
• Securities Litigation & SEC Enforcement
• Trial Practice
• Securities Fraud Class Actions
• Consumer Financial Products & Services
• Class Action Litigation
• Financial Services
• Shareholder Derivative Actions
• test

Representative Cases

• American Greetings defends against breach of contract lawsuit resulting from debt securities acquisition , (2010)
• Bridgestone/Firestone prosecutes multimillion dollar suit against consultant after business process re-engineering project fails , (2009)
• Colt's defends public nuisance lawsuit filed by the City of Cleveland
• Domtar obtains summary judgment in litigation involving breach of tax sharing agreement , (2009)
• Financial institutions win Sixth Circuit appeal dismissing novel public nuisance suit filed by City of Cleveland , (2009)
• FirstMerit Bank obtains reversal of class certification in Ponzi scheme case
• IMG Worldwide favorably settles breach of contract case involving sponsorship of nationwide home and garden shows , (2009)
• IMG Worldwide obtains favorable settlement in case involving breach of celebrity-based Internet content contract , (2009)
• Jefferies Finance provides credit facilities to GPO and healthcare services company , (2009)
• Jefferies refinances existing senior debt for Securus Technologies
• Laidlaw resolves action related to tax losses transferred from foreign subsidiaries , (2009)
• Lincoln Electric successfully defends products liability and fraud class action involving welding electrodes used in certain buildings damaged by Northridge earthquake , (2009)
• Lucent defends against Winstar bankruptcy proceeding claims concerning value of telecommunications network , (2009)
• Lycoming Engines prevails in arbitration brought by aircraft manufacturer arising from engine crankshaft recalls , (2009)
• Merrill Lynch prevails in complex breach of trading agreement litigation , (2009)
• National Century Financial Enterprises litigates chapter 11 issues , (2009)
• Nationwide Mutual Insurance defends against shareholder class action alleging breach of fiduciary duty from buy-out , (2009)
• RBS successfully defends fraud claims brought by RZB Bank
• Rite Aid obtains directed verdict in criminal trial , (2009)
• Roadway Express wins dismissal of litigation claiming breach of joint venture agreement , (2009)
• Royal Bank of Scotland defends action arising out of collapse of Enron , (2009)
• Royal Bank of Scotland defends proceeding brought by Enron estate , (2009)

West Practice Categories

Bankruptcy Litigation, Capital Markets, Class Actions, Commodities, Complex Litigation, Federal Appellate Practice, Federal Claims Court, Federal Trial Practice, Foreign Investment, International Trade Litigation, Litigation & Appeals, Military & Veterans Appeals, Multidistrict Litigation, Patent Litigation, Private Placements, Public Offerings, Securities Fraud & Insider Trading, Securities Law, Securities Regulation, State Appellate Practice, State Trial Practice, Tax Litigation, US Court of Appeals for the Federal Circuit, US Supreme Court

Bar Admissions

• New York
• Ohio

Education

• U of Michigan - Ann Arbor
• Yeshiva University

Published Works

• CompuCredit Corp. v. Greenwood: The Supreme Court Revisits Binding Arbitration Clauses in the Consumer Finance Context, 2011
• CFPB Releases Investigation and Adjudication Rules—September 26, 2011 Comment Deadline, 2011
• CFPB Announces Examination Process for Large Banks Begins July 21, 2011
• CFPB's Non-Bank Supervision Authority: Is Your Company a "Larger Participant"?, 2011
• CFPB Identifies Preliminary List of Transferred Rules, 2011
• Federal Reserve Board Proposal for "Ability to Repay" Regulation Opens Comment Period Through July 22, 2011, 2011
• Does Dodd-Frank Provide the Seeds to Unravel Concepcion in Consumer Financing Transactions?, 2011
• OCC Reaches Settlement with Bank Mortgage Servicers, 2011
• Cost-Benefit Consideration in Regulating Debt Protection Products, 2011

Address

North Point
901 Lakeside Avenue
Cleveland, OH 44114-1190

Phones

1.216.586.1344 (Business Phone)

Faxes

1.216.579.0212 (Business Fax)

Emails

Contact Us (Business Email)

Websites

http://www.jonesday.com