Partner

David Valicenti

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David Valicenti is known as a top litigator in the local courts.  It’s not just about David’s technical skill from 20 years of trying cases – it’s about creativity and imagination.  He has figured out how to focus on the critical parts of each case and develop the right strategy.  David’s main areas are business, employment, construction, securities and real estate litigation.  Based on his extensive work in the trial courts, the Judges in the Berkshire Superior Court have repeatedly appointed him as a receiver and trustee in complex matters. 

David moved to the Berkshires from New York and remains active in regional matters, including obtaining various favorable decisions in the New York federal courts and two wins in the Second Circuit Court of Appeals in recent years. 

As a counselor, David truly enjoys the process of guiding individuals and business clients through the process of assessing options, tactical planning and clear decision-making.  The results are successful settlements and court victories, sensible recommendations in tumultuous times and the building of long-standing relationships.   

David is dedicated to the prosperity of the Berkshires community.  He serves as counsel and Secretary to the Berkshire Innovation Center, an exciting new non-profit venture designed to accelerate innovation and growth of companies in the Berkshire region.  David actively participates in other Berkshire business initiatives aimed at continuing the growth of a vibrant, attractive community, including avid support for local food and local music.    

Experience Highlights

  • In April 2016, won a victory in the United States Court of Appeals for the Second Circuit in New York, on behalf of a publically traded company based in the Berkshires. 
  • In March 2014, won a judgment in excess of $250,000 on behalf of a physician in a case against a former employer, including triple damages and attorney’s fees under the Massachusetts Wage Act.
  • In March 2013, obtained a $900,000 judgment in a real estate–related litigation in the federal court in Albany, New York.
  • In February 2013, obtained a preliminary injunction in the Berkshire Superior Court prohibiting competition by former employees who engaged in computer-based theft of trade secrets.
  • In February 2013, obtained a judgment after trial of more than $500,000 in a construction matter, including treble damages and attorney’s fees under M.G.L. c. 93A.
  • In October 2012, successfully obtained a reversal in the United States Court of Appeals for the Second Circuit in a business litigation matter involving shareholder rights under Delaware law. Click here to read the decision.
  • Obtained a judgment in April 2012 on behalf of a printing company against an equipment dealer, including double damages and attorney’s fees under the Massachusetts unfair and deceptive business practices statute (M.G.L. Chapter 93A).
  • Represented a foreign dignitary and recovered over $500,000 in a Florida-based securities arbitration.
  • Recovered six-figure investment losses, plus attorney’s fees, from Morgan Stanley Smith Barney in an arbitration in Tucson, Arizona.
  • Won an affirmative injunction in the Berkshire Superior Court in an environmental litigation, resulting in payment of significant environmental clean-up costs in favor of a local property owner. 
  • Instrumental in obtaining a favorable arbitration award against a Credit Suisse affiliate, including recovery of nearly $1 million in attorney’s fees and costs.
  • Recovered $3.9 million in a pre-suit settlement of a complex securities fraud claim.
  • Obtained numerous favorable jury verdicts for individuals and business clients in Berkshire County.
  • Successfully litigated several Internet-related trademark and copyright infringement claims in the federal District Court for the Southern District of New York.

Education

  • University of Massachusetts, B.A.
  • Hofstra University School of Law, J.D.

Areas of Practice

  • Business Litigation

  • Construction Litigation

  • Contract Disputes

  • Employment Litigation

  • Securities Litigation

Bar Admission

  • Commonwealth of Massachusetts
  • State of New York
  • U.S. District Court, District of Massachusetts
  • U.S. District Court, Southern District of New York
  • U.S. District Court, Eastern District of New York
  • U.S. District Court, Northern District of New York
  • U.S. Court of Appeals for the Second Circuit