David Kovel

About David Kovel

As a partner in the New York office of Kirby McInerney LLP, I focus on whistleblower, antitrust, commodities, securities and corporate governance matters. Recent cases in which I have been involved include: Representation, as co-lead counsel, of exchange-based investors in futures, swaps, and other Libor-based derivative products, alleging that defendant banks colluded to misreport and manipulate Libor rates; Representation, as counsel for lead plaintiff and other share holders in a derivative action brought against members of the Board of Directors and senior executives of Pfizer, Inc. Plaintiffs made a breach of fiduciary duty claim because defendants allegedly allowed unlawful promotion of drugs to continue even after receiving numerous \"red flags\" that the improper drug marketing was systemic. Pfizer agreed to pay a proposed settlement of $75 million and to make groundbreaking changes to the Board’s oversight of regulatory matters; Representation of purchasers of pharmaceutical drugs claiming to have been harmed by Branded manufacturers who fraudulently extended patent or other regulation monopolies; Representation, as a lead counsel, of a class of New York State consumers in connection with antitrust proceedings against Microsoft; Representation, as lead counsel, of a class of gasoline purchasers in California in connection with Unocal, Inc.’s manipulation of the standard-setting process for gasoline. The litigation resulted in a $48 million recovery for the class; Representation of propane purchasers who were harmed by BP America’s manipulation of the physical propane market; and Representation of various whistleblowers who claim that their companies have defrauded the United States Government or other state and city governments.

Experience

1. Managing Partner

   Kirby Mcinerney Llp

   Jan 2021 — Present · New York, NY, US

Education

• Columbia University School of Law

  Doctor of Law (JD)

• Yale University

  Bachelor of Arts (B.A.)

• Columbia University - Columbia Business School

  Master of Business Administration (MBA)

Skills

• Legal Writing
• Litigation
• Courts
• Securities Litigation
• Competition Law
• Public Policy
• Commercial Litigation
• Class Actions
• Civil Litigation
• Securities Regulation
• Intellectual Property
• Legal Research
• Corporate Law
• Appeals