David E. Potter

Email | Vcard | Direct Dial 212.784.2402

David Potter primarily handles commercial litigations and employment law matters.

Mr. Potter has conducted over 35 jury trials and numerous appellate arguments in state and federal courts. He also represents clients in arbitrations and other alternative dispute forums. For over 25 years, he has been a faculty member for the National Institute of Trial Advocacy and the Hofstra University Trial Techniques Program.

Mr. Potter also regularly advises employers and employees on a variety of matters related to employment contracts, non-competition and trade secret agreements, employee termination, employment handbooks and equity plans.

Representative Cases

  • Defended commodities brokerage firm in a federal court trial of a disability discrimination claim;
  • Defended Lloyds’ Underwriters in the litigation of a multi-million dollar fidelity bond claim in New York State Supreme Court;
  • Prosecuted action for breach of an employment agreement and a declaration of the non-enforceability of a non-compete clause in the United States District Court, Southern District of New York;
  • Defended foreign company in a misappropriation of trade secrets case in the United States District Court, Northern District of California;
  • Defended individual against claims of breaches of fiduciary duty and a non-solicitation agreement before the Financial Industry Regulatory Authority (FINRA);
  • Defended law firm partner in a breach of a guarantee of lease agreement suit in New York State Supreme Court;
  • Represented real estate developer in seeking substantial delay damages against contractor in New York State Supreme Court;
  • Arbitrated breach of employment agreement claim on behalf of an employee related to alleged termination for cause under the agreement;
  • Defended insurance company in a complex insurance coverage and bad faith claim in Pennsylvania Court of Common Pleas.