David S.S. Hamilton, Associate
David is a creative and energetic commercial litigation and data privacy lawyer (LLB, LLM (Corporate, IP, Privacy & Tech law) CIPP/US). Based in ZEK’s New York office, with experience in Ireland/UK and New York.
David’s practice is focused on complex commercial litigation (frequently involving bank and lender liability disputes), asset recovery litigation, U.S. and global data privacy law and technology law issues.
David has extensive experience with commercial disputes, regulatory issues and privacy issues involving multinational financial institutions, banks, telecommunication companies and Fortune 500 companies. He also advises start-ups and technology companies.
- Bank counsel on damages trial resulting in $7 million judgment.
Advises financial institutions on GLBA and RTFP privacy issues, particularly in connection with e-discovery.
Worked on internal Privacy Policies of telecommunications company with of millions of users.
- 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.