David Elsberg

About David Elsberg

David Elsberg is a founding partner of Elsberg Baker & Maruri PLLC. David is a “go-to” trial lawyer with decades of successful experience trying cases through final judgment or verdict, as well as domestic and international arbitration hearings through final award. David is ranked among the top trial lawyers in the United States by leading publications.Chambers refers to David as “fabulously smart” and “fearless”—as well as “very creative, thoughtful and collaborative” and “an excellent litigator with a strong commercial sense.” Chambers notes David’s “impress[ive] … ability to communicate with the court very effectively.\" Chambers also named David a “Leading Individual” in commercial litigation.Law360 named David a Securities MVP, noting his “artful and measured cross-examination style.” Law360 also reports that clients describe David as “aggressive, passionate, and a first-rate thinker” whose “ability to read people and think numerous questions ahead is uncanny.\"The Legal 500 named David a leading commercial litigator, reporting that he is “highly regarded for his trial practice.” The Legal 500 also reports that David “displays particular strength in financial litigation, including major bankruptcy and securities cases.”David has been named a “Litigation Star” by Benchmark Litigation, a “Plaintiffs’ Lawyer Trailblazer” by the National Law Journal and one of the “500 Leading Lawyers in America” by Lawdragon. The New York Law Journal honored David with its “Distinguished Leader” award for “great performance while demonstrating clear leadership skills leading to positive outcomes.”David’s major cases include winning a “resounding” defense verdict following trial in Quadrant Structured Products Co. Ltd. v. Vertin, a “literal bet-the-company case,” AmLaw Litigation Daily, in which the plaintiff sought hundreds of millions of dollars and the shutdown of the defendant’s business. He won an $850 million settlement after trial in an RMBS putback action, which is the largest recovery ever obtained in such a case; recovered more than $6 billion for Washington Mutual creditors in connection with the largest bank failure in history; won at trial on behalf of an investment fund against the billionaire William Koch; and won one of the largest investor awards on record in a FINRA arbitration.David represents a wide variety of clients, such as investment funds, energy companies, indenture trustees, and technology companies in disputes involving subjects such as fiduciary duties, corporate governance, financial services, energy, and bankruptcy.

Experience

1. Founding Partner

   Elsberg Baker & Maruri Pllc

   Feb 2024 — Present · New York, NY, US

   Elsberg Baker & Maruri is an elite commercial trial, litigation, and arbitration firm comprised of some of the nation’s top trial lawyers. Our attorneys are consistently on the cutting edge of major commercial litigation and have acted as trial counsel in some of the most important and precedent-setting business trials and arbitrations, including matters arising from multibillion-dollar disputes involving busted M&A deals, corporate governance, complex contracts, energy, investment funds, violation of investment guidelines, computer hardware and software, breach of fiduciary duties, bond indentures, securities, fraudulent transfers, insolvency and major bankruptcy proceedings, and more. Above all, we are dedicated to achieving success for our clients and servicing their needs whenever and however they arise. We take pride in developing bold and creative strategies and relentlessly pursuing victory at all stages of the case.

Education

• Harvard Law School

  JD

  1992 — 1995

• Duke University

  BA, History

  1988 — 1992

Skills

• Appeals
• Commercial Litigation
• Trials
• Trade Secrets
• Fraud
• Corporate Governance
• Litigation Management
• Arbitration
• Litigation
• Class Actions
• Securities Litigation
• Civil Litigation
• Dispute Resolution
• Business Litigation
• Product Liability
• Courts
• Securities
• Intellectual Property
• Patent Litigation