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Areas of Practice
Financial Transactions Litigation,
Business Valuation Disputes, Shareholder Disputes, Trademark Litigation,
Accounting Disputes, Class Action Litigation, Securities Litigation
Education
J.D., With Distinction,
Duke University, 1980
B.A., Magna Cum
Laude, Tufts University, 1974
Profile
David is Chair of the firm’s litigation
section and has over 25 years of experience litigating complex business
cases in state and federal courts. David focuses his practice on disputes
between buyers and sellers of businesses, disputes among owners of
businesses, disputes involving banking, securities and accounting issues, and the
defense of class actions. He regularly represents individuals, local
businesses, national and international corporations, and financial
institutions. David has been with Poyner & Spruill since 1988.
Recent Cases of Note
Dickerson v. RBC Centura Securities (NASD arbitration)
(2006)
- Won defense verdict of no liability in customer
claim for unsuitability
Sleepworks, Inc. v. Carolina Diagnostics,
Inc. (Wake County Superior Court) (2005)
- Defeated motion for preliminary injunction
seeking to prevent sale of business to competitor
Carolina Women's Wellness Center v. Professional
Management Healthcare Consultants, Inc. (Wake County Superior Court) (2005)
- Counsel for medical practice in suit against
accountant and business consultant for management of practice's
retirement plans. Recovered 95% of losses incurred by practice.
Glennview Memorial Park,
Inc. v. Nationwide Mutual Insurance Co. (Wake County Superior Court)
(2005)
- Won summary judgment and recovered fees against insurer
who refused to defend claims against cemetery related to alleged
improper removal of a grave marker
Couch v. Saturn of Raleigh (Durham County Superior
Court) (2004)
- Counsel for Saturn of Raleigh in class action
related to sale of extended warranties. Case settled without payment of
damages to plaintiff class.
Poulsen v. American Partners (AAA
arbitration) (2003)
- Won $1.5 million judgment for minority
owners based on fraud of majority owner in real estate investments.
ePlus v. RBC Centura Bank (AAA arbitration) (2002)
- Counsel for RBC in $20 million dispute
concerning value of leasing business purchased by ePlus from RBC. Case
settled for fraction of claim on eve of arbitration hearing.
Tri-Center v. IBM (U.S. District Court,
Middle District of North Carolina) (2002)
- Counsel for IBM in $10 million lease
dispute over alleged improper lease termination. Case settled for
fraction of claim at mediation.
Parker v. General
Electric, 247 F.3d 543 (4th
Cir., 2001) (U.S. District Court, Eastern District of North Carolina; U.S.
Bankruptcy Court, District of Delaware; Robeson County Superior Court)
- Counsel for Ted Parker (seller) in $50
million valuation and fraud dispute with General Electric that was
simultaneously litigated in three different courts related to GE’s purchase
of mobile home retail sales business. Case settled at mediation after 4th
Circuit affirmed dismissal of GE’s RICO and securities claims against
Parker.
Maynard v. Amerada Hess Corporation, et. al
(New Hanover County Superior Court) (2000)
- Counsel for Phillips Petroleum in
statewide class action for alleged MTBE contamination to ground water
wells. Case settled after class certification motion was defeated.
Armstrong v.
Leith, Inc., 1999 U.S. Dist.
LEXIS 12770 (U.S. District Court, Eastern District of North Carolina) (1999)
- Won summary judgment for automobile dealer
(Leith) in Consumer Leasing Act class action.
Granutec, Inc. v. Aetna and St. Paul Fire
& Marine Ins. Co., 1998 U.S. Dist. LEXIS 3527 (1998) (U.S. District
Court, Eastern District of North Carolina)
- Won summary judgment and recovered
attorneys’ fees for generic pharmaceutical manufacturer against insurers
who refused to defend claims for trademark and trade dress infringement
Fountain Powerboats, Inc. v. Michael Jordan
(U.S. District Court, Eastern District of North Carolina) (1998)
- Counsel for Michael Jordan in trademark
infringement action for unauthorized use of Mr. Jordan’s name and
image. Case settled at mediation.
Byers, et al v. Centura
Bank, 123 N.C. App.
689, 474 S.E.2d 404 1996 (1996) (North Carolina Business Court)
- Counsel for Centura Bank in class action
challenge by depositors to acquisition of mutual savings bank. Case
settled while summary judgment motion was pending.
McNeil, P.P.C. v.
Granutec, Inc., 919 F.
Supp. 198 (E.D.N.C. 1995) (U.S. District Court, Eastern District of
North Carolina) (1995)
- Counsel for Granutec (manufacturer of
generic OTC pharmaceutical products) in trade dress/false advertising
case related to advertising and appearance of store brand pharmaceutical
products
Professional/Community Activities
North Carolina Bar Association
- Appellate Rules Committee, 1987 - 1991
Treasurer and Member of Board of Directors of
Beth El Synagogue
Notable Accomplishments
Ranked among Law & Politics
magazine's North Carolina “Super Lawyers,” (Business Litigation) 2006 - 2008
"Going with the grain: An Interview with David
Dreifus" from the Independent Weekly
Publications
Insurance for "Advertising Injury
Liability" Provides Coverage for Trademark and Trade Dress
Infringement Claims, IP Links, NCBA Intellectual Property Section,
Vol. 8, No. 3, May 1997
Civil Rico After Sedima, The
Litigator, NCBA Litigation Section, Vol. 7, No. 2, February 1987
Prior Legal Experience
Hunton & Williams (Raleigh, NC)
1981 - 1987
Law Clerk to the Honorable Bailey Brown,
U.S. Court of Appeals for the Sixth Circuit, 1980-81
Firm Management Responsibilities
Litigation Section Chair
Other Reported Cases of Note
Underwood v. Northwestern Mut. Life Ins. Co.,
2002 N.C. App. LEXIS 2035 (2002)
Mallad v. Golden Corral Franchising Sys.,
1997 U.S. Dist. LEXIS 14500 (E.D.N.C. 1997)
Baja Int'l v. Kia, No. 1996 U.S. Dist. LEXIS
3279 (E.D.N.C. 1996)
Thompson Cadillac-Oldsmobile v. Oldsmobile
Div. of Gen. Motors, 337 N.C. 806; 449 S.E.2d 758 (1994)
North Carolina Eastern Municipal Power Agency
v. Wake County, 100 N.C. App. 693, 398 S.E.2d 486 (1990)
Blow v. Shaughnessy, 88 N.C. App. 484, 364
S.E.2d 444 (1988)
Long Island Lighting Co. v. Transamerica
Delaval, 646 F. Supp. 1442 (S.D.N.Y. 1986)
Sperry Corp. v. Lynch, 76 N.C. App. 327, 332
S.E.2d 757 (1985)
In re Appeal of Champion International Corp,
74 N.C. App. 639, 329 S.E.2d 691 (1985)
Jones v. Gwynne, 64 N.C. App. 51, 306 S.E.2d
574 (1983), affirmed in part and reversed in part, 312 N.C. 393, 323 S.E.2d
9 (1984) Jurisdictions Licensed North
Carolina (all state and federal courts); United States Court of Appeals for
the Fourth Circuit; United States Tax Court; United States Supreme Court |