David Olsky is an experienced litigator who has delivered exceptional results for his clients for nearly two decades. David has represented individuals and companies across the country in “bet the firm” matters. He is particularly proficient at litigating complex commercial cases on contingency, with clients reaping millions of dollars from his efforts.
David has litigated claims involving securities fraud, corporate governance, breach of fiduciary duty, cryptocurrency and initial coin offerings, lender liability, fraudulent transfer and fraudulent conveyance, real estate, commercial leases, judgment collection, bankruptcy claims, antitrust, unfair competition, breach of contract, tortious interference with contract, violation of trade secrets, equitable subordination, receivers and bankruptcy trustees, payment processing, financial institutions, asset-based lending, and insurance coverage.
In addition to his civil practice, David has substantial experience representing individuals and companies in responding to government investigations. He has represented clients before the Securities Exchange Commission (SEC), Financial Industry Regulatory Authority (FINRA), Office of the Comptroller of the Currency (OCC), Department of Justice Antitrust Division, and various US Attorneys, state attorneys general, and state securities regulators. He has also conducted numerous internal investigations for corporate clients.
Prior to joining Fortis in 2019, David was counsel at WilmerHale in its Washington D.C. and New York offices, and a senior counsel at Perkins Coie LLP in its Denver office.
Representative matters include:
Litigating a 22-day, 14-month trial in Bankruptcy Court on behalf of the Official Committee of Unsecured Creditors of an alleged Ponzi scheme. Following the conclusion of trial and before an opinion was issued, the parties reached a settlement that provided the unsecured creditors with a substantial return of their investment in the fraud.
Recovering a defrauded investor’s entire investment, with interest, from a Uruguayan corporation.
Representing a venture capital fund in litigation against the Directors and Officers of a borrower that misrepresented its tax liability on loan documents. Obtained $6 million from the D&O insurer on a $5 million policy.
Defending a prominent clearing broker in a two-week FINRA arbitration against claims of fraudulent transfer and aiding and abetting a Ponzi scheme. Obtained complete award for defense.
Representing a payment processor ISO in its claims against a former business partner for breach of contract, tortious interference with contract, and unfair competition, among others. Obtained a favorable settlement shortly before trial.
Representing one of the world’s largest financial institutions in government investigations of its municipal derivatives and public finance units, including investigations by the DOJ Antitrust Division, US Attorney’s Office, SEC, OCC, and state attorneys general.
David graduated from Stanford Law School with distinction in 2001, where he was the Managing Editor of the Stanford Law Review. Following law school, David was a clerk for the Honorable Bruce M. Selya on the U.S. Court of Appeals for the First Circuit. David graduated summa cum laude from the University of Pennsylvania in 1997.
Speeches and Publications
Author, “3 Ways to Protect a Cannabis Business Partnership from Litigation” MJBiz – Oct. 2022
Author, “4 Questions to Ask Before Pursuing Business Litigation on Contingency” AllBusiness.com – July 2021
Quoted, “Scott Pack Wanted to be the ‘The Scarface of the Marijuana World’” Westword – February 2020
U.S. District Court, Colorado
U.S. District Court, District of Columbia
District of Columbia Court of Appeals
U.S. Court of Appeals, Washington, D.C.
U.S. District Court, Southern District of New York
U.S. District Court, Eastern District of New York
U.S. District Court, Western District of Michigan