David Rabinowitz, a partner in Moses Singer’s Litigation, Intellectual Property and Law Firms practices, has been a partner with the firm since 1985.
Within a broad commercial litigation and litigation counseling practice, David has focused in the substantive areas of financial industry litigation, including corporate trusts and letters of credit, trusts and estates, intellectual property, contracts and employment.
David has represented major financial institutions in matters relating to indenture trusts, letters of credit, negotiable instruments and electronic transfers, real estate and cross-border judgment enforcement.
In the trusts and estates area, David has represented fiduciaries and beneficiaries in fiduciary accountings, will and trust construction and trust and estate administration. These have included representing large financial institutions in major Surrogate’s Court litigations including claims ranging up to $2 billion for mismanagement of trusts. He has represented individuals and charitable institutions in disputes over dispositions from estates. He has represented individuals in will contests, claims to restore allegedly alienated property to estates, and other claims against estates. He has represented individuals as fiduciaries in claims of improper estate administration and claims to enforce dispositions under wills.
In the area of intellectual property, David has represented entertainment, sports and media companies, talent and rights owners in litigated and non-litigated matters concerning contracts and licenses, copyright, trademark and unfair competition, right of publicity, and defamation and related free speech issues, including infringement claims and inter partes proceedings in the US Patent and Trademark Office.
In the healthcare industry, Mr. Rabinowitz has assisted healthcare provider organization, HMOs and other healthcare institutions with both dispute resolution, including litigation, and counseling. He has helped resolve disputes concerning provider reimbursement, commissions to third parties for recruiting HMO members, privileged communications relating to information concerning facility compliance analysis, physician board certification removal proceeding relating to cheating scandal, whistleblower claims relating to privacy breaches, claims of pharmacy in insurer receivership, commissions to employees for recruiting HMO members, removal of provider from HMO network, employment discrimination, and disability discrimination against a disabled patient. On the counseling side, he has assisted institutions with designing a research information collection survey and an investigation into possible hospital security breaches, HIPAA compliance programs, including analysis of requirements of regulations and assessments of institutional compliance and compliance with research rules, analysis of the law governing release of protected health information to doctors or their malpractice counsel or experts in court cases without the consent of the patient, under both HIPAA and state law, interaction between electronic privacy laws and HIPAA, deductions from physicians’ wages by hospitals and analysis of liquidated damages clauses in researcher agreements.
David has also represented both employers and employees in disputes concerning employment agreements, termination of employment and employment discrimination, as well as negotiations of employment agreements.
David represents clients in arbitrations and other alternative dispute resolution procedures as well as state and federal courts throughout the United States.
David is a regular speaker on legal ethics. He has lectured and participated on panels before The Association of the Bar of the City of New York, the American Bar Association, the Practicing Law Institute, The Institute of International Banking Law & Practice, New York Women In Film & Television, The Copyright Society of the U.S.A., the Licensing International Annual Convention and the Massachusetts Software Council. He has taught Copyright Law at Seton Hall Law School as an adjunct professor. He is a member and former trustee of The Copyright Society of the U.S.A. David has published articles which have appeared in Advertising Age, Entertainment Law Reporter, The Entertainment Publishing and the Arts Handbook, the Journal of The Copyright Society of the U.S.A. and Practical Lawyer. He has written a series of articles on Internet Law entitled “Web Site Story,” which appeared in American Lawyer’s Corporate Counsel magazine.