David M. CheifetzSpecial Counsel

Headshot image for David M. Cheifetz



David Cheifetz advises financial services companies and other corporations in business litigation matters. He counsels major financial institutions, investment firms, accounting organizations, housing cooperatives, corporations, and individuals on litigation strategy from inception through trial in state and federal courts, administrative proceedings, and arbitrations. He has appeared in both jury and bench trials and has also briefed or argued numerous appeals.

Mr. Cheifetz has a wide variety of experience in matters involving accounting malpractice, insolvency-related disputes, securities, real estate, and contracts, and also regularly litigates critical procedural and jurisdictional issues. Of particular note, he has defended auditors and global accounting organizations facing liability in tort and securities fraud actions involving alleged fraud by their corporate clients. These complex, high-profile cases raise difficult issues of agency law and often involve the defense of in pari delicto, which precludes a corporation or its insolvency representatives from suing its outside professional advisors to recover for a fraud committed by the corporation's own managers. Mr. Cheifetz has played an active role in shaping the law in this area both in and outside of New York.

Mr. Cheifetz is also a regular contributor to Law.com where he writes articles of general interest on federal courts, procedure and jurisdiction. 

Representative Matters

  • Represented international accounting organization in successful dismissal of numerous multi-billion dollar lawsuits arising out of the bankruptcy of Italian dairy conglomerate, Parmalat.
  • Represented law professor amicus in New York Court of Appeals presenting arguments for applying the common law rule of in pari delicto to bar a suit by Refco Litigation Trustee against auditor defendants, which were adopted by the Court in a major decision reaffirming the application of the in pari delicto defense in auditor liability cases.
  • Representation of accounting organization facing securities fraud claims arising from plaintiffs' failed $100 million investment in bankrupt offshore hedge fund, including, in a matter of first impression, a successful appeal of an order remanding case to state court in excess of federal district court’s authority to abstain from hearing a proceeding related to a chapter 15 bankruptcy case. 
  • Representation of national accounting firm in arbitration of audit malpractice claims seeking eight-figure damages. 
  • Defended CEO of a subsidiary of major investment bank in a three-week administrative proceeding before the Securities and Exchange Commission, resulting in dismissal of all claims.
  • Represented large cooperative corporation in litigation against the New York City Department of Finance successfully challenging the imposition of a multi-million dollar property transfer tax, which ultimately resulted in an affirmance by the New York Court of Appeals that the corporation owed no tax.
  • Represented multi-billion dollar investment fund in a dispute concerning the net asset value of a real estate investment trust in bench trial in Southern District of New York.
  • Represented nonprofit health services organization in litigation concerning the termination of a substantial grant award and successfully defended motion to dismiss on appeal to the First Department.
  • Advised independent fiduciary of voluntary employee benefits association in multi-billion dollar dispute pertaining to valuation of call options in major auto manufacturer.
  • Represented Wall Street investment firm in a two-week jury trial regarding veil-piercing claims brought in New York state court.

Honors & Awards

Mr. Cheifetz has been named as a Super Lawyers "Rising Star" since 2015.

Admitted To Practice

New York

U.S. District Court, Southern District of New York; U.S. District Court, Eastern District of New York; U.S. Court of Appeals, Second Circuit; U.S. Court of Appeals, Seventh Circuit; U.S. Court of Appeals, Fifth Circuit; U.S. Supreme Court


J.D., cum laude, Boston College Law School, 2006

B.A., magna cum laude, Boston University, 2001