David Dugan focuses his practice in large part on legal malpractice defense, having defended several prominent New Jersey and regional firms, as well as individual attorneys. David has also provided representation to court-appointed receivers in discharging their duties and has defended against claims brought against them in federal and state court. He practices in both New Jersey and New York state and federal courts.
David also has an active commercial/business litigation practice with a focus on prosecuting and defending against trade secret claims, including actions brought by employers seeking injunctive relief against former employees who are alleged to have violated their non-compete agreements and/or misappropriated trade secrets. David’s commercial practice also extends to real-estate-related litigation and other contract-based and fraud-type cases involving his clients’ businesses.
David was also appointed by the Supreme Court to serve as Vice-Chair and Chair to its District V-A Ethics Committee, covering the City of Newark, and, during his six-year appointment, was responsible for overseeing the disposition of hearings involving allegations of attorney misconduct, as well as recruiting members and working to continually improve the efficiency of, and the public’s confidence in, our attorney-monitored disciplinary system.
Prior to joining the firm, David practiced at Carter Ledyard & Milburn LLP on Wall Street and at the Sills Cummis law firm in Newark, N.J.
While attending Rutgers Law School, David was the managing editor of the Rutgers Law Review and won the G.A. Moore, Jr. Prize for Equal Opportunity Employment Law. He was also committee chair of the Moot Court Board and interned for Senior Judge Leonard I. Garth of the United States Court of Appeals for the Third Circuit and District Judge Alfred J. Lechner of the United States District Court for the District of New Jersey.
- Rutgers Law School (J.D., 2002)
- Rutgers, The State University of New Jersey (B.S., B.A., 1998)
- New Jersey
- New York
- U.S. Court of Appeals, Second Circuit
- U.S. Court of Appeals, Third Circuit
- U.S. District Court, Eastern and Southern Districts of New York
Some of David’s notable accomplishments include:
- Obtaining dismissal and Rule 11 sanctions in a federal lawsuit alleging various fraud- and due-process-based claims against a special fiscal agent appointed in a complex, tumultuous New Jersey state court action
- Obtaining favorable settlement on behalf of law firm in related class action, receiver-brought action and individual investor action in three New York federal/state courts involving an alleged $22 million Ponzi scheme
- Securing a $2.5 million settlement from a client’s competitor who initially accused the client of stealing trade secrets in a federal lawsuit based on manufactured and fabricated evidence
- Securing a settlement from a global conglomerate of companies whose overseas subsidiaries misappropriated his client’s environmental technology
- Successfully defeating bid protest and appeal to the Appellate Division concerning a contract between the State of New Jersey for lottery growth services. See published decision, In re Challenge of Contract Award Solicitation No. 13-X-22694 Lottery Growth Management Services, 436 N.J. Super. 350 (App. Div. 2014)
ICLE: Everything You Need to Know about Attorney Trust and Business Accounts
The Attorney Ethics/Disciplinary System in New Jersey: How it works, how to handle it and a little bit of how to stay out of it (Fall 2020)
- New Jersey Super Lawyers - Rising Stars, Business Litigation, Professional Liability: Defense (2010-2016)
- Martindale-Hubbell AV® Rating
- New Jersey Supreme Court District V-A Ethics Committee, Former Vice Chair and Chair