Dave is the former General Counsel (2001-2013) and Interim CEO (2011-2012) at the Massachusetts Port Authority, Chief of the Civil Division and then First Assistant U.S. Attorney at the U.S. Attorney’s Office in Boston (1994-2001), and Chair of the Board of Bar Overseers from 2010 to 2013. Private and governmental clients turn to Dave for representation in litigation, regulatory and administrative matters.
Dave focuses his work in these four areas:
- Litigation: Dave represents clients in high-profile matters. Recent examples include success in the Supreme Judicial Court defending on behalf of the Massachusetts Port Authority a preliminary injunction barring car-sharing company Turo, Inc. from operating at Logan Airport, the defense of the Massachusetts Gaming Commission in multiple lawsuits brought to challenge the Commission’s casino licensing decisions, the defense of the MBTA in a consumer class action seeking damages for storm-related disruptions in commuter rail service, and representation of the Martha’s Vineyard Airport Commission in a sovereignty dispute with Dukes County over the Airport.
- Internal Investigations: as General Counsel and Interim CEO of Massport, Dave addressed myriad issues relating to employment issues and regulatory compliance, including criminal and workplace misconduct. Dave’s eight years in the U.S. Attorney’s Office, including his tenure as the First Assistant U.S. Attorney, gave him invaluable experience in investigations and law enforcement, which has served him well in advising clients in sensitive workplace matters. In particular, Dave has considerable experience with internal investigations into allegations of misuse of federal grant funds. Dave was also appointed as a Special Master by a federal judge to investigate the facts and review the propriety of a guilty plea by two corporate defendants in a criminal Clean Air Act matter.
- Public Law: Dave frequently advises his governmental clients on issues related to ethics, conflicts of interest, the Public Records Act, the Open Meeting Law, as well as complex internal governance issues.
- Professional Responsibility: Based on his experience as a former member and Chair of the Board of Bar Overseers, Dave frequently represents attorney clients, and has served as an expert witness, in legal ethics and professional discipline matters.
BEYOND THE OFFICE
Dave lives in Needham with his wife, his daughters, his dog Baci, and his four fish tanks.
Harvard Law School, J.D. 1983 cum laude
Amherst College, B.A. 1979 summa cum laude
U.S. Court of Appeals, First Circuit
U.S. District Court, District of Massachusetts
Honorable Chief Justice Edward F. Hennessey, Massachusetts Supreme Judicial Court
The Best Lawyers in America©, Commercial Litigation, 2018 - 2022, Appellate Practice, 2021 - 2022, Litigation - Municipal, 2021 -2022 and Administrative/Regulatory Law, 2022.
Massachusetts Super Lawyers, 2018-2021
Airports Council International, Member of the Legal Steering Group and former Chair (2005-2013)
Board of Bar Overseers, former Chair (2010-2013); former Member (2009-2013)
Boston College Law School, "Corporate Crises: Internal Investigations, Ethics and Compliance," Adjunct Professor (Spring 2017, Fall 2014)
SJC Standing Committee on the Rules of Civil and Appellate Procedure, appointed 2017
- Obtained and successfully defended in the Supreme Judicial Court a preliminary injunction against car-sharing company Turo, Inc., from operating at Logan Airport.
- Successfully defended the Massachusetts Gaming Commission against a challenge by several municipalities to the Commission's award of a casino license to Wynn Resorts.
- Successfully defended the MBTA in a consumer class action regarding disruptions in commuter rail service during the historically bad winter of 2015.
- Successfully defended Massport in a lawsuit brought by a group of clamdiggers under the Oil Pollution Act, alleging that a jet fuel spill at Logan Airport damaged clam beds.
- Led a team of in-house and outside counsel in the 9/11 Commission investigation and related inquiries. Successfully managed the defense of multi-billion dollar lawsuits stemming from the terror attacks.
- As an Assistant U.S. Attorney, he litigated several False Claims Act and qui tam (whistleblower) matters and prosecuted one of the most significant post-Nuremberg Nazi war crimes cases.
- Massachusetts Airport Managers Association (MAMA), "Legalities and Practicalities Involved in Generating Revenue from Businesses on the Airport", October 2019.
- Massachusetts Airport Managers Association (MAMA), "Legal Pitfalls for Airports Roundtable", and "Airport Commissioner's Roundtable", September 2018.
- For the past 7 years (2013-2019) Dave has presented the annual legal ethics lecture at the Airports Council International (“ACI”) Spring Legal Committee meeting.
- In January 2017, Dave spoke to the National Association of State Aviation Officials (“NASAO”) about state and local regulations of drones.
- In September 2016, Dave and Mina Makarious delivered a presentation on state and local regulations of drones at the Massachusetts Municipal Lawyers Association Annual Meeting.
- In April 2016, Dave delivered a presentation at the U.S. Attorney’s Office in Boston on United States v. Aleksandras Lileikis, a war crimes case against a Nazi-collaborator whom Dave prosecuted as an Assistant U.S. Attorney.
- In February 2016, Dave delivered a presentation on the attorney/client privilege to the in-house legal department of a large public sector entity.
- In November 2014, Dave lectured on legal ethics issues at the Society for Corporate Compliance and Ethics Conference in Boston.
- Dave spoke about the defense of a multi-million dollar lawsuit against an A&K airport client involving financing for a start-up airline, at the September 2014 Airports Council International (ACI) annual meeting.
- Dave presented a lecture on legal ethics for in-house lawyers to a large in-house legal department of an A&K client in February, 2014.
- Dave discussed “What General Counsel Want” at an MCLE New England panel presentation in October 2013.
- Dave spoke on Airport Access and Airport Revenue Diversion at the May 2013 ACI Legal Affairs conference.
- Dave presented the annual legal ethics lecture at the American Association of Port Authorities, Port Administration and Legal Issues Seminar, in April, 2013.