David A. Boyd
David Boyd practices in all areas of commercial litigation at the trial court and appellate levels. He focuses in particular on business disputes and regulatory investigations. David has represented clients in cases involving unfair competition, permitting, eminent domain, disputes over the ownership and control of businesses, theft of trade secrets, agreements not to compete, breach of fiduciary duty, breach of contract, intellectual property disputes, and attempts to pierce the corporate veil of businesses to reach principals and related entities. He has represented clients in regulatory investigations by the Securities and Exchange Commission and by state authorities in Vermont and New York.
David has tried cases to completion in federal and state courts and before an American Arbitration Association panel and has worked on appeals before the Vermont Supreme Court and the Second Circuit. He also has experience mediating cases and has sought and received emergency relief in multiple forums on behalf of clients. Prior to joining Gravel & Shea, David practiced at a large law firm in New York City and served as a law clerk to the Honorable Faith S. Hochberg of the United States District Court for the District of New Jersey.
- New York University School of Law, J.D. 2008, magna cum laude, Order of the Coif
- Middlebury College, B.A. 2003, magna cum laude
- Briefed, argued, and won Vermont Supreme Court appeal of permit issued to local family business that was challenged by competitors. A copy of the final Vermont Supreme Court opinion is available here.
- Drafted Second Circuit petition for a writ of mandamus with Matthew Byrne addressing personal jurisdiction, vicinage, and discovery issues posed by parallel civil and criminal proceedings.
- Briefed pending Vermont Supreme Court appeal of land use dispute.
- Briefed pending Vermont Supreme Court appeal defending the dismissal of a lawsuit against an expert witness that sought to challenge valuation testimony the expert offered in a prior case.
Business Litigation and Alternative Dispute Resolution
- Won a jury verdict establishing sole ownership of a business and property assessed for over $700,000 on behalf of a client. Obtained the rescission of contracts purporting to transfer away 60% of that business and property. Proved a breach of fiduciary duty by the individual claiming to be the majority owner and completely invalidated his claimed ownership interest. Successfully opposed post-trial motions seeking to set aside the verdict. A copy of the opinion rejecting post-trial motions and entering final judgment is available here.
- Successfully represented local family business in state and town permitting disputes. Successfully obtained an emergency stay of a shutdown notice issued by a state agency, and established compliance with state regulations, leading to receipt of a state permit. Won an Environmental Court bench trial establishing compliance with town regulations in a challenge brought by competitors. A copy of the final Environmental Court ruling is available here.
- Represented the owners of a hydroelectric facility in a complex weeklong American Arbitration Association arbitration regarding the value of the facility for purposes of a contractual buyout option. Received an award valuing the facility at $16 million, a figure millions of dollars higher than the valuations presented by the opposing party.
- Represented advertising and marketing company in successful action against a competitor and several former employees for unfair competition and theft of trade secrets. Defeated a motion for summary judgment by establishing through the use of forensic evidence that former employees of client had taken data regarding millions of dollars of sales leading to favorable settlement. A copy of the summary judgment opinion is available here.
- Obtained substantial injunctive relief on behalf of a part owner of several businesses in a dispute among owners, including an injunction against the use by another part owner of company funds for attorney fees, and the appointment of an independent monitor to protect the companies during the dispute.
- Drafted successful motion to dismiss a lawsuit brought against an expert witness arising out of valuation work done by the expert witness in a previous case. Established that witness immunity applied to previous testimony and that the complaint did not state a claim of any kind. A copy of the motion to dismiss ruling is available here.
- Represented multiple companies in Vermont Attorney General investigations, including successfully resolving an inquiry without enforcement action on behalf of a Fortune 500 company.
- Represented multiple individual and corporate clients in investigations by the Securities and Exchange Commission.
- Represented small company and its principals in successful resolution of investigation by the New York Attorney General.
- Successfully settled business contract dispute on favorable terms without requiring expensive litigation.
Memberships & Affiliations
- Member, Chittenden County, Vermont, and American Bar Associations
- Member of the 25th annual class of Leadership Champlain
- New York (2009)
- U.S. District Court, Southern District of New York (2010)
- U.S. District Court, Eastern District of New York (2010)
- U.S. District Court, District of Vermont (2012)
- Vermont (2012)
- United States District Court, Western District of New York (2014)
- United States Court of Appeals for the Second Circuit (2014)