David S.S. Hamilton, Associate
David is a banking and technology litigation associate based in ZEK’s New York office. David focuses his practice on banking and lender liability disputes, complex commercial litigation, asset recovery litigation, technology law and data privacy issues.
David has a wide range of experience with issues that frequently arise in commercial disputes involving multinational financial institutions, banks, telecommunication companies and Fortune 500 companies. David also advises start-ups and technology companies as in-house counsel.
- Bank counsel on damages trial resulting in $7 million judgment.
- Argued appeals for a national bank before the New York’s Appellate Division.
- Won sanctions motion at oral argument in New York Supreme Court, Commercial Division resulting in sanctions of defendant-debtor.
- Won summary judgment at oral argument from the bench, for mortgage servicer in insurance dispute and then successfully opposed an appeal. See Dichira v. Nawid, 126 A.D.3d 755 (N.Y. App. Div. 2d Dep't Mar. 11, 2015).
- Part of ZEK team that won summary judgment for a national bank against an international oil company seeking $45 million in a letter of credit fraud case. See Societe Anonyme Marocain De L'Industrie Du Raffinage v. Bank of Am. N.A., 2016 N.Y. Misc. LEXIS 351 (N.Y. Sup. Ct. Feb. 8, 2016).
- Part of ZEK team defending two national banks in two consumer class actions involving judgment enforcement issues. See e.g. Acevado v. Citibank, N.A., 2013 U.S. Dist. LEXIS 38786, *17 (S.D.N.Y. Mar. 20, 2013).
- Part of ZEK team that won motion to dismiss letter of credit case against issuing bank in Federal Court. See Navana Logistics Ltd. v. TW Logistics, LLC, 2016 U.S. Dist. LEXIS 21822, *2 (S.D.N.Y. Feb. 23, 2016).
- Part of ZEK team that won summary judgment against guarantor dismissing defenses, which included validity of guaranty, forgery, tortious interference and commercially unreasonable disposition of accounts receivable. Wells Fargo Bank, N.A. v. Bivona & Cohen, P.C., 2015 U.S. Dist. LEXIS 133468 (S.D.N.Y. 2015).
- Advises a national bank’s legal team on U.C.C. and pre-litigation banking issues.
- Advises technology companies and start-ups as in-house counsel.