David is an experienced litigator with over 35 years experience, who also advises independent schools, churches, businesses, institutions, and professionals on risk avoidance and crisis management. David is able to offer clients risk management and crisis response advice based on his substantial and varied trial experience. His background and experience in key legal areas, including employment, mental health, contract, criminal, fiduciary and tort law, enables him to provide practical and useful advice to his clients. He has active trial practice in federal, superior and probate courts in New Hampshire and Massachusetts. David has a substantial practice representing independent schools. His clients include boarding and day schools, from small, local schools to nationally known schools. He advises independent schools on all aspects of legal issues, risk management and crisis response. He works closely with heads of school, deans, financial officers, trustees, health providers and others. He trains school administrators, faculty and staff on safe practices to protect students in their care. He also trains his clients on how to operate safely, how to recognize and address signs of inappropriate behavior and how to respond to allegations of misconduct. David also has a national consulting practice. He regularly provides training to independent schools throughout the country and presents to national organizations, including the National Association of Independent Schools (NAIS) and the Association of Boarding Schools (TABS). He has conducted dozens of training sessions in person and over the internet on various topics relating to governance, risk management and student safety. He has been qualified as an expert witness and testified on the adequacy of independent school policies and procedures relating to the protection of students from harassment and misconduct. David received his J.D. from the University of Michigan (1975), M.A. from Harvard University (1971) and his A.B. from Washington University (1968). Representative Work · Prevailed at trial and on appeal in a case brought by two trustees against the third co-trustee of their father's trust for breach of fiduciary duty and misappropriation of assets. The New Hampshire Supreme Court ruled that being diagnosed with Alzheimer type dementia "does not mean that, as a matter of law, he lacked the capacity to create a trust." In Re: Hoag v. Hoag, No 2010-0691 (NH Sup. Ct., order issued Jul. 14, 2011) · Prevailed in a guardianship appeal resulting in the New Hampshire Supreme Court's precedent setting ruling on standing to appeal decisions from probate courts. In re: Guardianship of Paul T. Williams, 2009 N.H. LEXIS 121. · Successfully obtained a verdict of $1.256 million dollar plus 5% interest in an estate dispute over the delayed sale of securities purchased on margin. In Re Estate of Bolduc, Rockingham County Probate Court; 2005 · Successfully obtained a verdict of $1.16 million plus $369,000 interest for one of the East Coast's largest tug and towing companies for damages resulting from a shipping accident in the Cape Cod Canal. Moran Towing Corp et. Al v. Girasol Maritime, SA et. Al, U.S. District Court, District of MA; 2002 · Prevailed on appeal in an employment dispute in which the New Hampshire Supreme Court permitted the use of "after-acquired" evidence of an employee's pre-termination misconduct to bar recovery for wrongful discharge in breach of contract cases. McDill v. Environamics Corp. 144 N.H. 635; 2000 Admissions & Recognition David is admitted to practice in New Hampshire, Massachusetts, U.S. District Court for New Hampshire, U.S. District Court for Massachusetts and the First Circuit Court of Appeals. He is a member of the New Hampshire Bar Association, Fellow, New Hampshire Bar Association. Recognition: · Guest faculty, Harvard Law School, Trial Advocacy Workshop, since 1984. · Woodward/White's Best Lawyers in America® (Education Law, First Amendment Law, Labor and Employment Law, Trusts & Estates Law) · Chambers USA: A Guide to America's Leading Lawyers (Litigation) · New England Super Lawyers® · AV Peer Review Rated, Martindale-Hubbell · Testifying expert on standard of care for boarding school policies and procedures relating to preventing sexual harassment of students by faculty: BT v Peddie School, Monmouth County, New Jersey, 2010. Articles · Minor Secrets, Major Headaches: Psychotherapeutic Confidentiality After Berg · A Review of the New Hampshire Supreme Court's Decision In the Matter of Eugene Berg and Kathleen Quigley Berg · Protect Your Business From the Consequences of Departing Employees Representative Presentations: Hotchkiss School, August, 2011 Loomis Chaffee School, August 2011 Brewster Academy, December, 2010 Hackley School, September, 2009 Suffield Academy, December, 2008 Dublin School, August, 2008 Peddie School, June, 2007 Derryfield School, August, 2006 Holderness School, March, 2006 Deerfield Academy, September, 2003 Groton School, September, 2003 Summer School Faculty Training: Phillips Exeter Academy, June, 2011 St. Paul's School, June, 2011 Independent School Business Administrators Risk Management Training: ISANNE, Holderness School, October, 2011 ABOPS, The Gunnery, April, 2006 Investigators Training: Phillips Academy, September, 2011 "Anatomy of a Hostile Educational Environment", NAIS Annual Conference, February, 2011, Washington, DC Bullying Intervention Training: Phillips Academy, March, 2011 Workshops: "Strategies for Responding to Criminal Misconduct by Students", Choate Rosemary Hall, December, 2008 "Practical Strategies for Promoting Healthy Boundaries in Boarding Schools", TABS Summer Training Program, Boston, MA 2004,- 2008 " Boundaries Training in Schools", United Educators Webinar, December, 2006 Involvement · New Hampshire Public Defender Program, Board of Directors, · Commissioner, New Hampshire Lawyers Assistance Program · Heifetz International Music Institute, Board of Directors · New Hampshire Supreme Court Society, Volunteer Photographer |