David M. Brodsky

David M. Brodsky

Attorney Profile

Top Rated Alternative Dispute Resolution Attorney in New York, NY

Brodsky ADR LLC
 | 270 Riverside Drive, Spt. 2D
New York, NY 10025
Phone: 917-743-0577
Selected to Super Lawyers: 2006 - 2017
Licensed Since: 1968
Education: Harvard Law School
Practice Areas:
  • Alternative Dispute Resolution
Attorney Profile

Mr. Brodsky has been appointed by private law firms, corporations and partnerships, and third party ADR-providers (AAA, ICDR, CPR, ICC)  to mediate or arbitrate disputes in fields as diverse as accounting liability; attorney malpractice; antitrust; False Claims Act involving Medicare reimbursements to pharmaceutical companies; compensation disputes among hedge fund partners; intellectual property licensing disputes; the installation of complex software systems; the underwriting, sale, and buy-back of CDOs, CDSs, RMBSs and other debt instruments; aircraft procurement contracts; alleged breaches of fiduciary duties by officers and directors; alleged violations of Federal Securities Laws; alleged racial discrimination in employment; real estate valuations and buy-back rights among closely-held and family corporations; anti-dilution clauses in private placement agreements; and other complex controversies.  He has mediated over 70 cases, with the vast majority reaching resolution as a result of Mr. Brodsky's efforts. He has been the sole arbitrator in three arbitrations to date, has chaired or is chairing three arbitrations (two under rthe auspices of ICDR, and one under the auspices of CPR-ADR), and has been a panel member in many others.

As a peer-selected Fellow of the American College of Trial Lawyers and then a peer-selected member of the National Academy of Distinguished Neutrals and of the New York Academy of Mediators and Arbitrators, Mr. Brodsky has been recognized both as an outstanding trial lawyer and as a superior mediator and arbitrator. He serves as a Distinguished Neutral on the Hedge Fund, Banking and Financial Services, General Counsel, and New York Panels of the International Institute of Conflict Prevention and Resolution, a member of Federal Arbitration, Inc., a member of the Mediation Panels of the US District Court for the Southern District of New York and US Bankruptcy Court for the Southern District of New York, and Special Master of New York's Appellate Division, First Department. He has been consistently selected as one of the Top 100 of the Super Lawyers in New York, formerly as a trial lawyer and, since 2012, as an Alternate Dispute Resolution neutral.

After years of practice, Mr. Brodsky knows there is no successful cookie-cutter approach to resolving litigations or disputes. He brings patience, discipline, creativity, and pragmatism to the art of such resolutions. As a mediator, David engages in intense pre-mediation preparation, by holding pre-mediation caucus sessions with counsel and parties, testing the waters and building trust in his neutrality and objectivity. Thus armed, he can engage in the hard job of careful listening and negotiating necessary to overcome obstacles to resolution. He always tailors the actual mediation sessions to the specific needs of the matter that he has identified in the pre-mediation process, patiently but persistently guiding the parties to mutually acceptable settlements. 

As an arbitrator, usually of highly-complex cases with excellent advocates on both sides, David combines his skills as a trial lawyer on issues of efficient discovery, burdens of proof, witness credibility, and measures of damages, with a full appreciation of the need for an arbitrator to work with counsel in a cost-conscious and creative manner so as to maximize the efficiency and fairness of the arbitral forum. As Chair of arbitration panels and Special Discovery Master, he helps counsel tailor discovery to the specific needs of the matter and regularly holds weekly status conferences during active discovery to deal with disputes before they disrupt the schedule. He developed model arbitration scheduling and discovery orders that parties have adopted to streamline their pretrial work. As Chair, he has also encouraged forms of "hot-tubbing" expert witnesses to allow immediate comparisons of contrasting opinions. In addition, where agreed-to, he has adopted the device of parties' offering direct examinations of all witnesses by affidavit or declaration circulated in advance of the testimony.

White Papers

  • Recommended Practices for Companies and Their Counsel in Conducting Internal Investigations (2008) - The American College of Trial Lawyers issued a landmark report of the conduct of internal investigations, and made over 40 recommendations for the conduct of investigations by public companies and their outside counsel. The Recommendations are focused largely on the conduct of independent internal investigations involving allegations of significant misconduct by senior managers. The principal draftsman was David M. Brodsky

  • Certificates and Credentials

    About David Brodsky

    Admitted: 1968, New York

    Professional Webpage: Http://www.brodskyadr.com

    Honors and Awards:

    • Chosen by the Corporate Counsel Committee of UJA Federation, Corporate Counsel of the Year, UJA Federation, 2001

    Bar/Professional Activity:

    • Chair, American Constitution Society, 2013-2015; Vice President, NYC Bar Association, 2014-16 chair, Audit Committee, NYC Bar Association, 2014-16: Chair Emeritus, New York Lawyers for the Public Interest, member of the Board, 1986-2006; Member of the Board, Equal Justice Works, 2000-2008 (Chair, Development and Nominating Committees); Fellow, American College of Trial Lawyers (Vice Chair, Alternative Dispute Resolution Committee).

    Pro bono/Community Service:

    • Chair, Scarsdale Procedure Committee, 2011-12; Chair, Scarsdale Bowl Committee, 2013-14. Chair, Joint and Administrative Committees, 2006-8; Member, Scarsdale School Board Nominating Committee, 2003-6; Member, Scarsdale Citizens Nominating Committee, 2013-14.

    Scholarly Lectures and Writings:

    • Federal Securities Litigation: A Deskbook for the Practitioner (co-author), DataTrace Publishing Company; "Legal And Ethical Issues Affecting The Conduct Of An Internal Investigation By Audit Committees And Independent Counsel," Practising Law Institute, June 28, 2011; "In The Courts: The Crisis in Judicial Nominations and Confirmations," Federal Bar Council Quarterly, Winter 2010; "Conduct of Internal Investigations", Directors' College, Stanford Law School, June 22, 2009; "Rule 502: Issues and Solutions", Sedona Conference, Sedona, Arizona, April 29 - May 1, 2009; "Recommended Practices in the Conduct of Internal Investigations" (principal draftsman), American College of Trial Lawyers, 2008; "Preserving Work Product Protection For Litigation Reserve Analyses Shared With Auditors," ALI-ABA Course of Study, May 15 - 16, 2008; Recent developments in the enforcement of the Foreign Corrupt Practices Act, Journal of Securities Compliance, Volume 1, Issue 3 (2008) (co-author); "Liability of Internal Counsel", IIEF 6th Annual Global Shareholder Activism Conference, November 2007 "Update of Developments in the Corporate Attorney-Client Privilege", Journal Of Investment Management, Winter 2006; "Ethical Considerations for Corporate Investigations", ABCNY Center for Continuing Education, NYC, September 9, 2006; "SRO/SEC Enforcement", American Conference Institute, NYC, October 13, 2006; "Electronic Discovery", Third Annual Georgetown Institute on E-Dscovery, Washington, DC, November 17, 2006; "Want to Certify a Class Action?", New York Law Journal, Dec. 4, 2006 (co-author); "Under Fire: The Corporate Attorney-Client Privilege," Inside Litigation, Spring 2005;

    Industry Groups

  • Aircraft Procurement Contracts
  • Class And Derivative Action
  • Compensation Disputes In Private Equity And Hedge Funds
  • Employment Discrimination
  • False Claims Act Charges Against Pharma Companies
  • Financial Products
  • Post-merger Pricing Disputes
  • Real Estate Valuation In Close Held Companies
  • Office Location for David M. Brodsky

    270 Riverside Drive
    Spt. 2D
    New York, NY 10025

     

    David M. Brodsky:

    Last Updated: 10/19/2016

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