David M. Kusnetz is of counsel in the New York office of Gibson, Dunn & Crutcher.  Mr. Kusnetz’s practice focuses on high-stakes complex commercial, entertainment, intellectual property, and securities litigation.  Mr. Kusnetz regularly handles high-profile matters covered by major publications and media outlets.

Recent representative matters include:

• Jerry Seinfeld, Netflix, and Sony Pictures Television: Secured complete victories at the trial and appellate levels in copyright ownership lawsuit over Mr. Seinfeld’s hit Netflix show, “Comedians in Cars Getting Coffee.”  The lawsuit’s dismissal earned Gibson Dunn a spot on Law360’s list of “Legal Lions” and was featured on the front page of the New York Law Journal.
• Jerry Seinfeld: Represented Mr. Seinfeld in high-profile lawsuit concerning the authenticity of a rare 1958 Porsche.  Defeated a motion to dismiss Mr. Seinfeld’s third-party complaint, resulting in a favorable settlement for Mr. Seinfeld.
• Bob Dylan: Successfully prosecuted copyright infringement claim on behalf of Mr. Dylan, resulting in a highly favorable settlement.
• Vale S.A.: Represents the world’s largest iron ore mining company in multiple billion-dollar putative securities class actions filed in the wake of catastrophic mining accidents in Brazil, including securing dismissal of one securities class action and successfully defeating class certification in another.
• Lynn Tilton and Patriarch Partners:  Served as member of the trial team that defeated an SEC fraud action seeking disgorgement of over $200 million, in which all charges were dismissed following a three-week trial before an SEC Administrative Law Judge.  Served as lead associate on a trial team that successfully prosecuted a fraud claim against a major insurance company, resulting in a favorable settlement just minutes before closing arguments.

Mr. Kusnetz has been recognized as “One to Watch” in Commercial Litigation and in Entertainment and Sports Law by The Best Lawyers in America®.  Super Lawyers has named Mr. Kusnetz a “Rising Star” in Securities Litigation.

Mr. Kusnetz also maintains an active pro bono practice.  He is currently prosecuting a federal civil rights action as lead-counsel for a former prison inmate, in which he successfully convinced the court to revive his client’s constitutional claims.  Mr. Kusnetz also secured a significant settlement for a former ICE detainee in a Federal Tort Claims Act action arising from an assault by an ICE officer.

From 2015 to 2016, Mr. Kusnetz served as a law clerk to the Honorable Richard M. Berman in the United States District Court for the Southern District of New York.

Mr. Kusnetz earned his Juris Doctor in 2014 from Columbia Law School, where he was a Harlan Fiske Stone Scholar and a Notes Editor on the Columbia Journal of Law and Social Problems.  While in law school, Mr. Kusnetz served as a judicial extern to then-Chief Judge Dennis Jacobs of the U.S. Court of Appeals for the Second Circuit, an extern in the Criminal Division of the U.S. Attorney’s Office for the Southern District of New York, and an intern in the Superior Court Trial Division of the Westchester County District Attorney’s Office.

Prior to attending law school, he was an analyst in a strategic communications consulting firm, advising political candidates, government agencies, and major corporations.

Mr. Kusnetz is admitted to practice law in the State of New York, and before the United States District Courts for the Southern and Eastern Districts of New York.  Mr. Kusnetz is also the Chair of the Colgate Lawyers Association.

Publications:

Author, “Addressing Structural Racism in Juvenile Justice through Experimentalism,” 47 Columbia Journal of Law & Social Problems 245 (2014).