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M. David Possick

Partner

280 Park Avenue
15th Floor West
New York, NY 10017
david.possick@nelsonmullins.com

David Possick is a partner in Nelson Mullins Riley & Scarborough LLP’s New York office where he is a member of the Business and Distribution Litigation team. He has experience representing financial institutions, automotive manufacturers, and other global companies in a range of complex commercial matters, including securities, ERISA and antitrust class actions, bankruptcy matters,...

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David Possick is a partner in Nelson Mullins Riley & Scarborough LLP’s New York office where he is a member of the Business and Distribution Litigation team. He has experience representing financial institutions, automotive manufacturers, and other global companies in a range of complex commercial matters, including securities, ERISA and antitrust class actions, bankruptcy matters, contract disputes, and other high stakes civil litigation. Mr. Possick has represented such clients as Bank of America, Barclays, BP, Goldman Sachs, JPMorgan Chase and Volkswagen in high-profile company matters.

contract disputes, and other high stakes civil litigation. Mr. Possick has represented such clients as Bank of America, Barclays, BP, Goldman Sachs, JPMorgan Chase and Volkswagen in high-profile company matters.

David Possick is a partner in Nelson Mullins Riley & Scarborough LLP’s New York office where he is a member of the Business and Distribution Litigation team. He has experience representing financial institutions, automotive manufacturers, and other global companies in a range of complex commercial matters, including securities, ERISA and antitrust class actions, bankruptcy matters,... contract disputes, and other high stakes civil litigation. Mr. Possick has represented such clients as Bank of America, Barclays, BP, Goldman Sachs, JPMorgan Chase and Volkswagen in high-profile company matters.

Experience

Following is a selected sampling of matters and is provided for informational purposes only. Past success does not indicate the likelihood of success in any future matter.

Representative Matters

Mr. Possick joined Nelson Mullins in 2017 after spending more than a decade as a litigator in the New York office of Sullivan & Crowell LLP.  While at Sullivan & Cromwell, Mr. Possick’s representative matters included:

  • Represented Volkswagen in ongoing litigation throughout the U.S. related to the emissions characteristics of its diesel vehicles, including negotiation and implementation of $1.2 billion settlement with class of franchise dealerships.  (Multidistrict Litigation coordinated in the Northern District of California)
  • Represented JPMorgan Chase in the dismissal of an ERISA “stock drop” class action arising out of the bank’s 2012 so-called “London Whale” trading losses, in the first such dismissal under the U.S. Supreme Court’s new “more harm than good” test.  (Southern District of New York/Second Circuit)
  • Defended a U.S.-based global computer technology company in a $3 billion Sherman Act antitrust action, including during a two-month trial, which resulted in post-trial judgment as a matter of law in favor of the defendant that was unanimously affirmed under the Aspen Skiing exception to the Colgate doctrine.  (District of Utah /Tenth Circuit)
  • Represented The St. Joe Company in Rule 10b-5 securities law class action concerning the valuation of its real estate holdings, resulting in dismissal at the pleading stage that was affirmed in a seminal decision on loss causation principles.  (Northern District of Florida/Eleventh Circuit)
  • Represented a U.S.-based global banking and financial services company in mid-discovery dismissal of bondholder tortious interference action arising out of its acquisition of a failed bank’s assets, including taking the Rule 30(b)(6) depositions that resulted in withdrawal of allegations that led to dismissal  (District of D.C.)
  • Represented Apollo Education Group in merger litigation arising from its $1.1 billion acquisition by a consortium led by Apollo Global Management, resulting in recent favorable settlement of fiduciary duty claims.  (Arizona state court)
  • Represented Barclays in its defense and successful settlement of fraudulent conveyance claims.  (United States Bankruptcy Court for the Southern District of New York.)
  • Represented a national financial institution in ERISA class action concerning alleged imprudence of offering certain proprietary mutual funds in its 401(k) plan.  (Western District of New York)
  • Represented BP in dismissal of ERISA “stock drop” class action arising out of the 2010 Deepwater Horizon explosion and subsequent Gulf of Mexico oil spill.  (Southern District of Texas/Fifth Circuit)
  • Represented JPMorgan Chase in class action arising out of its acquisition of Washington Mutual’s assets from the FDIC, which resulted in pre-discovery dismissal that was affirmed in a decision concerning the application of the exhaustion requirements of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989.  (Northern District of California/Ninth Circuit)
  • Represented a global manufacturer in the energy industry in the dismissal of breach of contract claims concerning a change-of-control provision in convertible debt securities, in a seminal opinion on contract interpretation principles under New York law.  (Southern District of New York/Second Circuit)
  • Represented Bank of America in securities, ERISA and derivative litigation arising out of its first quarter 2005 earnings announcement relating to its acquisition of MBNA Corporation. (District of Delaware/Third Circuit)

Previous Professional Experience

  • Sullivan & Cromwell LLP (2005-2017)

Education

  • Fordham University School of Law, JD, magna cum laude (2005)
    • Fordham Law Review
    • Order of the Coif
    • Dean’s List
  • Ramapo College of New Jersey, BA, summa cum laude (1999)
    • Political Science Award for Academic Excellence

Admissions

  • New York
  • U.S. Court of Appeals for the District of Columbia Circuit
  • U.S. Court of Appeals for the Eleventh Circuit
  • U.S. Court of Appeals for the Fifth Circuit
  • U.S. Court of Appeals for the Ninth Circuit
  • U.S. Court of Appeals for the Second Circuit
  • U.S. District Court for the Eastern District of New York
  • U.S. District Court for the Northern District of Florida
  • U.S. District Court for the Southern District of New York
  • U.S. District Court for the Western District of New York

Practice Areas

Industries

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