David Sack

For over a decade, David Sack has litigated matters on behalf of business clients on both coasts. Before joining SulmeyerKupetz in 2021, David worked in the litigation departments of two international law firms in New York and a patent litigation boutique in Silicon Valley. David has extensive commercial real estate experience and has worked with clients in a range of industries, from high technology and healthcare to commercial air transportation. David represents Chapter 7 trustees and Chapter 11 plan agents in bankruptcy litigation matters and acts as lead associate in other business litigation cases involving contract disputes, fraudulent and preferential transfers, and breaches of fiduciary duty.

David’s work on behalf of bankruptcy trustees has included the following examples:

• Represents Chapter 7 bankruptcy trustees as lead associate in litigation to preserve value of corporate assets and assert rights of creditors.
• On behalf of bankruptcy trustee, leading suit to reclaim value of furnishings moved by proprietor of defunct restaurant to a separate business.
• Prosecuting legal action against principal of Los Angeles art gallery on behalf of Plan Agent, asserting allegations of misappropriated works and diverted funds, both pre- and post-petition.
• Representing Chapter 7 trustee seeking to recover value of real property that debtors illegally sold while under bankruptcy protection. Successfully opposed motion to set aside default judgment.

David’s experience as a commercial litigator includes the representative matters below:

• Successfully secured seven-figure settlement against Japanese manufacturers of LCD displays for alleged price fixing.
• Representing members of Southern California residential real estate companies made responsible for taxes via IRS Schedule K-1 (Form 1065) despite not being paid appropriate distributions in excess of $50 million.
• Served as lead associate for multinational computer corporation in antitrust multi-district litigation (MDL) actions.
• Responded to inquiries by the Securities and Exchange Commission (SEC) and the Department of Justice (DOJ) in relation to litigation matters, private securities actions, and company mergers. Represented principal of investment firm in FINRA arbitration.
• Oversaw and advised personal injury law firm in $14.5 million settlement mediated by San Francisco Superior Court judge.

David has written for publications including the State Bar of California Antitrust E-brief and the Corporate Governance Advisor.

He enjoys exercising and often travels to Asia with his family.