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Profile of David Tulchin
 

David Tulchin

 
Partner, New York - Sullivan & Cromwell LLP
 
David Tulchin Email :
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Company Name : Sullivan & Cromwell LLP
 
Company Website : www.sullcrom.com
 
Company Address : 125 Broad St.
, New York, NY,
United States,
 
David Tulchin Profile :
Partner, New York - Sullivan & Cromwell LLP
 
David Tulchin Biography :

David Tulchin has an active litigation practice, specializing in antitrust, contract, patent, trademark, and securities matters. Mr. Tulchin has handled high-stakes business litigation for a varied roster of clients. His recent clients include American Express Company, CA, Inc., Datascope, Eisai Co., Goldman Sachs & Co., InBev, IntercontinentalExchange, Merrill Lynch & Co., Microsoft, Novo Nordisk, Phoenix Capital, Regions Financial, Sandler-O'Neill + Partners and Vornado Realty Trust. He is well known for serving as Microsoft s lead national counsel in the corporation s defense of private antitrust damages actions around the country brought by both consumers and competitors. He has won dismissals with prejudice in 20 major antitrust actions against Microsoft, and victories in all seven appeals he has argued for Microsoft in United States Courts of Appeals. He has also argued and won appeals for Microsoft in the Supreme Courts of five states. Mr. Tulchin has acted as lead trial lawyer in federal and state courts and in AAA, NYSE, ICC, and NASD arbitrations. Selected Cases Since April 2005 As counsel for Microsoft in Kloth v. Microsoft Corp., Mr. Tulchin successfully obtained from the U.S. Court of Appeals for the Fourth Circuit an affirmance of a judgment dismissing legal and equitable claims under federal law by a putative class of tens of millions of indirect purchasers of Microsoft software seeking $10 billion in monetary damages and injunctive relief. 444 F.3d 312. In Deiter v. Microsoft Corp., also in the U.S. Court of Appeals for the Fourth Circuit, Mr. Tulchin won an affirmance of a district court order denying class certification to a putative class of business customers who had purchased software directly from Microsoft. This alone eliminated exposure for Microsoft in the billions of dollars. 436 F.3d 461. Was lead counsel for Microsoft in a class action lawsuit in Iowa. After three months of trial, the matter settled to Microsoft's satisfaction in February 2007. Prevailed on behalf of Microsoft in the Supreme Court of Ohio, which affirmed the dismissal of a statewide class action brought against Microsoft. Johnson v. Microsoft, 834 N.E.2d 791. Won a dismissal of a shareholder derivative action in Chancery Court in Delaware in which the shareholders alleged that directors of AmSouth Bancorporation neglected their fiduciary duties in connection with AmSouth's compliance with the Bank Secrecy Act. This decision will make it more difficult for plaintiffs to assign blame to directors of financial services companies for failure to comply with government regulations. Rankings and Recognition Euromoney's Benchmark: America's Leading Litigation Firms and Attorneys - Recognized as a Star in antitrust litigation (2008) The Legal 500, US, Volume III - Recognized as a leading lawyer in antitrust litigation (2007) New York Super Lawyers - Recognized as a leading lawyer in antitrust litigation (2007, 2006) The Best Lawyers in America (Woodward/White) Recognized as a leading lawyer in commercial litigation (2008, 2007, 2006) The Best Lawyers in America (Woodward/White) Recognized as a leading lawyer in business litigation (2005-2006) Guide to the World's Leading United States Litigation Lawyers (Euromoney Legal Media Group) Recognized as a leading lawyer in commercial litigation (2005) The International Who's Who of Commercial Litigation (2008, 2006) Professional Activities and Community Involvement American College of Trial Lawyers Fellow Practices Antitrust Litigation Events & Speaking Engagements American Bar Association Tort Trial and Insurance Practice Section Meeting on The Future of Class Action Litigation in America Education 1973, Harvard Law School, J.D. 1970, University of Rochester, B.A. Bar Admissions New York Clerkships The Honorable Frederick V.P. Bryan, United States District Court S.D., N.Y., 1973 - 1975 Country of Origin USA.

 
David Tulchin Colleagues :
Name Title Email

Kathryn Campbell

Partner - London Please login

Ann Fisher

Partner - New York Please login

Kathryn Ford

Partner - New York Please login

Alison Ressler

Partner - Los Angeles Please login

David Braff

Partner - New York Please login


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