DAVID BIRCH

dbirch@hgg.com

Member, New York and Pennsylvania Bars

Admitted to practice before U.S. Supreme Court, U. S. Court of Appeals for the Second and Eleventh Circuits and U.S. District Courts for the Southern Eastern and Western Districts of New York and the Northern District of Florida

J.D., University of Pennsylvania, 1973

M.A., University of Chicago, 1970

B.A., with distinction and Departmental Honors, University of Michigan, 1967

Practice Areas: litigation

Mr. Birch joined the firm in 1978. He represents clients in commercial, real estate, estate and tort defense litigation, including foreclosures of major commercial properties, most of which have been contested, construction litigation, contract disputes, lease disputes, accounting actions, air rights disputes, liability defense, interpretations of shareholder agreements, brokerage commission actions, disputes over real estate contracts, fraudulent conveyance actions, and pharmaceutical development disputes. He has represented creditors in bankruptcy proceedings including successful actions which resulted in preventing the debtor's discharge.

While an Assistant Attorney General of the State of New York and a group leader in the Litigation Bureau, Mr. Birch conducted trials and argued numerous appeals in the New York Court of Appeals, the United States Court of Appeals for the Second Circuit and the Appellate Division (defending State officials in constitutional litigations, civil rights actions and administrative determinations). He testified on behalf of the Attorney General before the Subcommittee on Improvements in the Judicial Machinery of the Committee on the Judiciary, United States Senate.

Upon graduation from law school, Mr. Birch became a law clerk to the Honorable Theodore Spaulding, Associate Judge, Superior Court (intermediate appellate court), Commonwealth of Pennsylvania.

Mr. Birch is a member of The Association of the Bar of the City of New York (Secretary, Committee on State Legislation, 1980-1982), New York State Bar Association (Section of Trial Lawyers) and American Bar Association. He is an Arbitrator for the U.S. District Court for the Eastern District of New York, a member of the Board of Trustees of the Larchmont Public Library and a member of the Board of Directors of the Dance in Education Fund, Incorporated. Mr. Birch enjoys an AV rating from Martindale-Hubbell.

DAVID BIRCH

David Birch: Hofheimer, Gartlir and Gross, serving New York City, New York