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2389 Main Street, Glastonbury, CT 06033
P.O. Box 418, Storrs, CT 06268-0418
Phone: (860) 288-2420 Fax: (866) 431-3248
Email: dshaiken@davidshaiken.com
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Overview

Experience

Here is a sample of some of my more interesting cases.

Commercial Litigation

  • Investigated breach of fiduciary duty claims against bankrupt IT company's board. Managed team of lawyers, forensic accountant and paralegal.
  • Negotiated settlement of lender liability lawsuit against consumer mortgage lender.
  • Served as local counsel to Fortune 20 insurer on trial involving scope of releases and channeling order in toxic tort case.
  • Defended and prosecuted numerous fraud cases against owners of distressed companies.

Bankruptcy

  • Conducted competitive asset sale in Chapter 11 telecommunications bankruptcy case.
  • Represented principal of middle-market staffing company in Chapter 11 case as bidder for company's assets. Settled injunction litigation alleging bankruptcy fraud.
  • Served as Chapter 11 trustee for real estate business.
  • Served as Chapter 11 examiner for manufacturing business.
  • Represented largest nongovernmental unsecured creditor in Chapter 11 case of North America's largest silver refinery.
  • Represented principal of failed health insurer in bankruptcy and fraud litigation. Obtained bankruptcy discharge of $16 million fraud claim brought by Connecticut Life and Health Insurance Guaranty Association.
  • Obtained bankruptcy discharge of $183 million of debt for real estate general partner.

Regulatory

  • Tried license revocation matter before Nursing Board of Examiners.
  • Conducted contested hearings before Medical Examining Board.
  • Represented doctors on Department of Public Health investigations.
  • Litigated Certificate of Need application before Office of Health Care Access.
  • Represented union before Heating, Piping, Cooling and Sheet Metal Work Examining Board.
  • Represented retailers, day care operator and medical practices concerning investigations by Department of Consumer Protection.
  • Appealed a decision of the Connecticut Siting Council concerning the construction of a cell phone tower.

Healthcare

  • Represented creditors' committee in assisted living facility Chapter 11 case.
  • Advised Fortune 20 insurer on bankruptcy, coverage and SIR issues in nursing home Chapter 11 case.
  • Negotiated concessions to prepackaged practice acquisition on behalf of creditors' committee in Chapter 11 case of 20-doctor multi-specialty medical practice.
  • Represented doctors on claims arising out of separation from practice and practice dissolution.

Employment Practices and ERISA

  • Defended union at Connecticut Commission on Human Rights and Opportunities concerning discrimination claims. Complaint dismissed.
  • Represented retiree on claim for ERISA pension benefits.
  • Sued an ERISA plan and insurer on behalf of the spouse of deceased ERISA plan participant on claim for life and disability benefits.

Expert Witness

  • Served as expert witness in legal malpractice case concerning bankruptcy and UCC Art. 9 issues.
  • Served as expert witness in legal malpractice coverage case concerning fraudulent transfer and bankruptcy issues.