David B. Sherman

Associate

  • location icon Philadelphia, PA
    550 E. Swedesford Road
    Wayne, PA 19087
  • location icon New York, NY
    77 Water Street
    New York, NY 10005

David Sherman is an associate in the Philadelphia office of Lewis Brisbois and a member of the Data Privacy & Cybersecurity and Class Action & Mass Tort Practices. David represents commercial entities in complex multi-party disputes litigated in state and federal courts throughout the United States, with an emphasis on the defense of putative class actions and mass tort litigation involving data privacy, consumer fraud and products liability claims. Additionally, David represents corporate clients in commercial and business litigation involving breach of contract, breach of fiduciary duty, unfair competition, fraud and other business torts, as well as professional malpractice and errors & omissions matters, many of which involve complex electronic discovery issues.

David also counsels clients across business sectors on commercially reasonable data privacy and information security practices. Before an information security incident occurs, David facilitates incident response planning and risk assessments to enhance enterprise security posture and mitigate potential exposure.  David’s experience includes negotiating service provider and business associate agreements on behalf of purchasers and suppliers in transactions involving the purchase of point-of-sale applications, security and information technology services, and a variety of cloud services.  David also assesses clients’ existing service provider agreements to evaluate and optimize contractual allocation of risks, rights and obligations set forth in provisions that may give rise to exposure in the event of a data security incident.

After a data security incident occurs, David works as part of a Lewis Brisbois response team to assess the incident; facilitate agreements with providers of digital forensics, crisis management, consumer notification, credit monitoring, and/or identity protection services, as appropriate,  to contain, investigate and remediate a potential data compromise; evaluate consumer and regulatory notification obligations under applicable state, federal and international laws; draft consumer and regulatory notification; and respond to inquiries from regulatory officials. 

Prior to joining Lewis Brisbois, David practiced with the New York office of a Philadelphia-based firm, where he defended design professionals and medical practitioners subject to professional liability claims, and represented business entities in commercial litigation. He also defended generic pharmaceutical manufacturers in multi-district products liability matters. As a law student, David served as a legal intern with a Justice of the Supreme Court of the State of New York; U.S. Attorney’s Office for the Eastern District of New York, Criminal Division; U.S. Commodity Futures Trading Commission, Enforcement Division; NYSE Euronext, Office of General Counsel, and Kings County (Brooklyn) District Attorney’s Office.

Related Newsletters

Publications

Co-Author: “New York: Random Drug Tests: Potential Liability” Trucking Industry Defense Association, Summer 2012 Newsletter

Published Decisions

  • Manning v. Pioneer Savings Bank, 55 N.Y.S.3d 587, 56 Misc.3d 790 (Sup. Ct. Rensselaer Co., July 7, 2016) (Elliott, J.)
  • Hedley's, Inc. v. Airwaves Global Logistics, LLC, 130 A.D.3d 872 (2d Dept. 2015)
  • Bowman v. Kennedy, 126 A.D.3d 1203 (3d Dept. 2015)
  • In re World Trade Ctr. Lower Manhattan Disaster Site Litig., 2014 U.S. Dist. LEXIS 160212 (S.D.N.Y. Nov. 13, 2014) (Hellerstein, J.)
  • In re World Trade Ctr. Lower Manhattan Disaster Site Litig., 44 F. Supp. 3d 445 (S.D.N.Y. Oct. 17, 2014) (Hellerstein, J.)
  • In re World Trade Ctr. Lower Manhattan Disaster Site Litig., 44 F. Supp. 3d 409 (S.D.N.Y. Sept. 9, 2014) (Hellerstein, J.)
  • Soja v Keystone Trozze, LLC, 106 A.D.3d 1168 (3d Dept. 2013)
  • Kenny v Turner Constr. Co., 107 A.D.3d 412 (1st Dept. 2013)
  • Bd. of Mgrs. of the Sevenberry Condo. v. N7B LLC, 23910/2010, NYLJ 1202652854743, at *1 (Sup., KI, Decided April 9, 2014) (Pfau, J.)
  • Polsky v 145 Hudson St. Assoc. L.P., 2013 N.Y. Misc. LEXIS 6282, 2013 NY Slip Op 33432(U) (Sup. Ct. New York Co. Nov. 22, 2013) (Billings, J.)
  • Marbilla, LLC v. 143/145 Lexington LLC, 2013 N.Y. Misc. LEXIS 1781, 2013 NY Slip Op 30898(U) (Sup. Ct. New York Co. Apr. 25, 2013) (York, J.)

Admissions

New York

Pennsylvania

United States District Court for the Southern District of New York

United States District Court for the Eastern District of New York

United States District Court for the Eastern District of Pennsylvania

Awards & Honors

CALI Excellence for the Future Award in Legal Writing

Education

Brooklyn Law School

Juris Doctor, 2010

Hamilton College

Bachelor of Arts, 2007

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