David Wawro is a Partner at Torys LLP. A litigator who has tried cases in both the federal and state courts in New York and in several other states, David’s practice focuses on Arbitration and Mediation. He has handled antitrust, securities, tax, employment, and corporate litigation matters.
David completed J.D., 1977 from the University of Virginia School of Law and A.B. (cum laude, Phi Beta Kappa), 1973 from Brown University. He was admitted to the New York Bar in 1978.
Some of David’s notable cases include: Represented the Audit Committee of a publicly traded software company in an internal investigation of suspected accounting irregularities over an extended period of time; Represented an oil field fluids manufacturer and licensee in an ICC arbitration against the licensor of the products in an arbitration seeking rescission of the manufacturing and licensing agreement for fraud. After a week of hearings, the arbitrators made an interim award with findings favorable to the client, following which the matter was settled; Defended the seller of a large retail business against indemnification claims of $84 million by the buyer, based on alleged financial statement errors. After a two week trial, a Delaware state court issued judgment for the client on all claims, which was affirmed on appeal by the Delaware Supreme Court; Represented a public employee pension plan in an arbitration against an investment manager for breach of contract, fraud, and conversion. After three days of hearings, the arbitrators awarded the client damages of $11.6 million and injunctive relief; Defended a registered broker-dealer in a FINRA arbitration against it by a former partner and managing director for return of capital and additional compensation. The arbitrators issued an award in the client’s favor on all claims; Represented an insurance services company in an arbitration to recover liquidated damages for premature termination of a long-term contract. The arbitrators issued an award of liquidated damages to the client; Defended a publicly traded healthcare provider and its directors and officers in a consolidated class action against them for securities fraud. The case was dismissed with prejudice on the initial pleadings by a federal trial court and the dismissal was confirmed on appeal; Defended a financial executive of a Canadian resource company in a federal securities fraud class action. The case against the client was dismissed on the pleadings by a federal trial court; Represented a publicly traded healthcare provider in an action in the Federal Claims Court to recover a corporate income tax refund. After defeating the government’s motion for summary judgment, the client obtained a multi-million dollar settlement; Defended a national professional employer organization against “earn out” claims by the owners of businesses it had acquired. In one case, which was brought in a federal court, the former owner’s case was dismissed before trial. In another, which was arbitrated, the client obtained an award in its favor; Defended a medical sterilizing company against private antitrust claims for treble damages based on alleged bid-rigging. A federal trial court granted summary judgment dismissing the claims, which was affirmed on appeal.
David has particular expertise in Class Actions, Commercial and Business Litigation, Competition and Foreign Investment Review, Corporate Disputes and Deal Litigation, Defamation Litigation, Government, International and Domestic Arbitration, Life Sciences, Litigation and Dispute Resolution, Securities Defence Litigation, Public and Regulatory Litigation, & Trade and Investment Disputes.