David Fioccola > Proskauer Rose LLP > New York, United States > Lawyer Profile

Proskauer Rose LLP Offices

New York
    Proskauer Rose LLP
    11 TIMES SQUARE
    NEW YORK, NEW YORK 10036-8299
    NEW YORK
    United States
    Visit website 1 212 969 3000 1 212 969 2900

    David Fioccola

    David Fioccola photo
    +1.212.969.3025 dfioccola@proskauer.com

    Work Department

    Litigation

    Position

    A seasoned litigator and trial lawyer, David Fioccola specializes in the defense of complex commercial disputes and consumer class actions. With more than 20 years of experience, David has tried cases in federal and state courts and before arbitral tribunals throughout the U.S. He regularly defends Fortune 500 companies in bet-the-company litigation as well as financial institutions against claims involving federal and state law violations, including antitrust laws, trust claims, and breach of contract.

    David has extensive experience handling large-scale internal investigations and represents clients before U.S. federal and state agencies, including the Department of Justice, the Consumer Financial Protection Bureau, the Office of the Comptroller of the Currency, the Federal Trade Commission, and the Securities and Exchange Commission, and state agencies, such as the New York Department of Financial Services and state attorneys general. Moreover, he has significant experience counseling clients in various U.S. federal laws and statutes, including:

    • The Consumer Financial Protection Act
    • The Unfair, Deceptive, or Abusive Acts and Practices (UDAAP)
    • The Federal Antitrust laws
    • Americans with Disabilities Act (ADA)
    • The Fair Credit Reporting Act (FCRA)
    • The Fair Debt Collection Practices Act (FDCPA)
    • The Servicemembers Civil Relief Act (SCRA)
    • The RICO Act
    • The Truth in Lending Act (TILA)
    • The Telephone Consumer Protection Act (TCPA)
    • California’s Business and Professions Code § 17200

    Prior to joining Proskauer, David was the co-chair of the Class Actions and Mass Torts Practice Group at Morrison & Foerster, and the Trial Practice Group.

    Lawyer Rankings

    United States > Healthcare > Life sciences

    Proskauer Rose LLP‘s life sciences practice is particularly adept at handling multi-faceted patent disputes concerning biologics, medical devices and pharmaceutical developments, and 2023 saw the team expand with the arrivals of Erik Milch in Washington DC and Joseph Drayton in New York from Cooley LLP in July and October respectively, while Morrison Foerster‘s Grant Esposito and David Fioccola also joined the New York office in October. The team is led by Boston’s ‘excellent patent lawyer’ Fangli Chen, whose litigious experience encompasses immunotherapy, gene therapy and editing and vaccines, and managing partner and transactions specialist Daryn Grossman in New York. Siegmund Gutman has left the firm.

    United States > Media, technology and telecoms > Advertising and marketing: litigation

    Lanham Act disputes and advertising challenges before the NAD and NARB are key expertise of Proskauer Rose LLP. The New York-based practice also represents clients from a range of sectors in false advertising claims, marketing and unfair competition claims, and IP disputes. Leading the team is Baldassare Vinti, who is adept in IP litigation with a focus on advertising and patent law andexperience handling cases in federal and state courts, as well as before the Patent Trial and Appeal Board, the International Trade Commission, and international arbitration tribunals. Other key members of the team are Jeffrey Warshafsky – who specializes in consumer class actions, sports litigation, false advertising, and IP disputes – and Jennifer Yang – who concentrates on false advertising claims and IP disputes. They are both regularly involved in representing clients before the NAD and NARB. The practice has notably had four partners join the team in 2023, Erik Milch and Joseph Drayton from Cooley LLP; and Grant Esposito and David Fioccola from Morrison Foerster.

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