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

11 TIMES SQUARE
NEW YORK, NEW YORK 10036-8299
NEW YORK
United States
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David Fioccola

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 25 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.
Prior to joining Proskauer, David was the co-chair of the Class Actions and Mass Torts Practice Group as well as the Trial Practice Group at Morrison & Foerster.
Lawyer Rankings
United States > Intellectual property > Patents: litigation (full coverage)
(Firms to watch)With clients in the technology and life sciences sectors, Proskauer Rose LLP demonstrates particular strength in patent infringement litigation at the PTAB and district courts. The team, led by Baldassare Vinti in New York and Colin Cabral in Boston, has experienced significant growth in recent times. Amongst the various partner-level hires, Grant Esposito and David Fioccola joined in October 2023 from Morrison Foerster, and Joseph Drayton joined from Cooley LLP in November 2023.
United States > Dispute resolution > General commercial disputes
Distinguished by its expertise in the sports and cultural sectors, Proskauer Rose LLP has a stellar record in high-profile cases, often on a cross-border and international basis. Bart Williams leads the team from Los Angeles, enjoying a successful track record in high-profile trials and corporate investigations. Splitting his time between Boston and New York, Timothy Mungovan heads the securities litigation practice and is regularly called upon to handle restructurings, bankruptcies and private fund litigation. From New York, Grant Esposito is regularly called upon to handle class actions and arbitration, along with David Fioccola, who focuses his practice on antitrust and breach of contract disputes. As co-head of the firm’s mass torts and product liability group, Lee Popkin in New York is a go to for major consumer brands alongside product liability practice co-head Susan Gutierrez, who is active across the consumer products, medical and pharmaceutical, media and sports sectors from LA. Bradley Ruskin in New York handles disputes at federal, state and international level, while Boston-based Colin Cabral excels in patent, commercial and antitrust disputes. In LA, Shawn Ledingham represents an impressive clientele across the sport, agriculture and pharma sectors.
Lawyer Rankings
- General commercial disputes United States > Dispute resolution
- Firms to watch United States > Intellectual property > Patents: litigation (full coverage)
Top Tier Firm Rankings
- Labor and employment > Employee benefits, executive compensation and retirement plans: design
- Labor and employment > Labor and employment disputes (including collective actions)
- Labor and employment > Labor-management relations
- Finance > Commercial lending
- Environment > Environment: transactional
- Industry focus > Sport
- Labor and employment > Workplace and employment counseling
Firm Rankings
- Media, technology and telecoms > Advertising and marketing: litigation
- Insurance > Advice to policyholders
- Investment fund formation and management > Alternative/hedge funds
- Finance > Commercial lending > Advice to direct lenders/private credit
- Labor and employment > Employee benefits, executive compensation and retirement plans: transactional
- Labor and employment > ERISA litigation
- Dispute resolution > General commercial disputes
- Tax > International tax
- Tax > Not-for-profit (Fortune 1000 private foundations, national trade associations, and charities)
- M&A/corporate and commercial > Private equity buyouts: middle-market (Up to $500m)
- Investment fund formation and management > Private equity funds (including venture capital)
- Real estate > Real estate
- Tax > US taxes: non-contentious
- Finance > Commercial lending: Advice to bank lenders
- Intellectual property > Copyright
- Media, technology and telecoms > Cyber law (including data privacy and data protection)
- Media, technology and telecoms > Media and entertainment: litigation
- Finance > Restructuring (including bankruptcy): corporate
- Dispute resolution > Appellate: courts of appeals / Appellate: supreme courts (states and federal)
- Antitrust > Civil litigation/class actions: defense
- Dispute resolution > Corporate investigations and white-collar criminal defense
- Environment > Environment: transactional
- Dispute resolution > Leading trial lawyers
- Healthcare > Life sciences
- Investment fund formation and management > Mutual/registered/exchange-traded funds
- Dispute resolution > Securities litigation: defense
- Media, technology and telecoms > Technology transactions
- M&A/corporate and commercial > M&A: large deals ($1bn+)
- Real estate > Real estate finance
- Healthcare > Service providers
- Intellectual property > Patents: litigation (full coverage)