Carden, David L.

Current Employment Position(s)

Partner

Lawyer Overview

David Carden has been responsible for representing clients in some of the largest securities fraud class actions ever litigated, including the defense of Lehman Brothers in the Enron Litigation and of Union Excess in the In Re AIG Securities Litigation. He has extensive experience in the defense of claims involving derivatives, options, auction rate securities, commodities, and exchange traded and over the counter foreign currencies. David is Special Litigation Counsel in the Lehman Bankruptcy.

David also has been responsible for coordinating the defense of litigation brought in the courts of various foreign countries, including England, France, Switzerland, Luxembourg, the Netherland Antilles, and Barbados. He has extensive experience conducting discovery in foreign countries pursuant to the Hague Convention and pursuant to Letters Rogatory, and he has defended and prosecuted claims and conducted investigations for and against entities and individuals residing in various countries, including Indonesia, Singapore, China, Saudi Arabia, Jordan, Lebanon, Syria, and other Middle Eastern countries. David also has extensive experience mediating cases throughout the United States.

David co-chairs the Firm's Securities and Shareholder Litigation Practice. In recent years, David has been recognized by Chambers, New York Super Lawyers, and The New York Times "Super Lawyer Section" for his accomplishments in defending securities litigation. He has lectured on litigation arising from collateralized debt obligations and credit default swaps in various venues and was a panelist on cross-border litigation at a recent SIFMA conference.

Areas of Practice

• Securities Litigation & SEC Enforcement
• Trial Practice
• International Litigation & Arbitration
• Financial Products Litigation
• Credit Crisis
• Financial Institutions Litigation & Regulation
• Financial Services
• Accounting & GAAP Issues
• Securities Fraud Class Actions
• Shareholder Derivative Actions
• Alternative Dispute Resolution & Mediation
• Class Action Litigation
• Commercial Disputes

Representative Cases

• AEPES and AEP involved in action concerning natural-gas derivatives transactions governed by ISDA Master Agreement
• Amway Asia Pacific obtains dismissal of securities fraud, and breach of fiduciary duty class actions
• Asia Pulp & Paper resolves securities fraud class action
• Balcor Pension Investors resolves securities class action
• Balcor Securities Company resolves securities fraud action
• Bear Stearns obtains summary judgment in contract case
• Bear, Stearns Securities and Morgan Stanley Securities resolve securities lending dispute , (2009)
• Citibank defends breach of contract action by subsidiary of Portuguese bank
• Citibank obtains dismissal of fiduciary duty and breach of contract action by Dutch bank , (2009)
• DDR successfully prevents being terminated as the manager of Coventry Real Estate Fund II properties , (2009)
• Deutsche Bank defends securities fraud action
• Didier Primat awarded almost US $20 million in damages against disgruntled former employee responsible for kidnapping and extortion scheme
• Lehman Brothers defends against breach of contract and fraud claims related to sale/leaseback transaction , (2009)
• Lehman Brothers defends securities actions brought by Enron shareholders and note holders
• Lehman Brothers defends securities fraud class action brought on behalf of Pennsylvania school districts , (2009)
• Lehman Brothers dismissal of securities fraud claims affirmed by Second Circuit , (2009)
• Lehman Brothers Holdings and its affiliated debtors commence voluntary cases under chapter 11 of the Bankruptcy Code , (2009)
• Lehman Brothers obtains dismissal of class action against it and partnerships in Supreme Court of New York , (2009)
• Lehman Brothers obtains dismissal of New Jersey securities class action
• Lehman Brothers obtains dismissal of Texas securities class action filed by Enron Corporation securities holders , (2009)
• Lehman Brothers resolves action brought by Lebanese investors
• Lehman Brothers resolves action brought by Saudi-based currency trader
• Lehman Brothers resolves securities class action involving real estate limited partnerships
• Lehman Brothers, Morgan Stanley, BOA, and RBS obtain dismissal of action filed by City of Cleveland involving public nuisance claims stemming from inappropriate subprime mortgages
• Satyam Computer Services defends securities fraud class action
• Shearson Lehman resolves action brought by FDIC
• Special Committee of board of directors of Minneapolis Police Relief Association defends securities litigation
• Standard Bank pursues action alleging negligent misrepresentation and professional malpractice , (2009)
• Union Excess Reinsurance obtains dismissal of securities litigation
• West Basin Municipal Water District resolves action seeking rescission of an interest rate derivative swap transaction , (2009)
• Westin Hotels obtains dismissal of action in connection with public offering

West Practice Categories

Administrative Law, Bankruptcy Litigation, Business & Commercial Law, Capital Markets, Class Actions, Collections & Repossessions, Commercial Leasing, Commodities, Complex Litigation, Consumer Protection, Contracts, Debtor/Creditor, Federal Appellate Practice, Federal Claims Court, Federal Trial Practice, Foreign Investment, Franchising, International Trade Litigation, International Transactions, Joint Ventures, Lemon Law, Litigation & Appeals, Mergers, Acquisitions & Divestitures, Military & Veterans Appeals, Multidistrict Litigation, Patent Litigation, Private Placements, Public Offerings, Secured Transactions, Securities Fraud & Insider Trading, Securities Law, Securities Regulation, State Appellate Practice, State Trial Practice, Tax Litigation, Taxation Law, Transactions, Uniform Commercial Code, US Court of Appeals for the Federal Circuit, US Supreme Court, Warranties

Bar Admissions

• Illinois
• New York

Education

• Indiana U - Bloomington (Main)
• DePauw University

Published Works

• SEC Faces Challenge to Its Attempt to "Claw back" Millions from Senior Executive Not Charged with Wrongdoing, 2009

Address

222 East 41st Street
New York, NY 10017-6702

Phones

1.212.326.3839 (Business Phone)

Faxes

1.212.755.7306 (Business Fax)

Emails

Contact Us (Business Email)

Websites

http://www.jonesday.com