David Keyko’s practice has focused on major, complex litigation, including cases involving allegations of fraud, antitrust violations, ethics issues and trusts and estates matters.

David has tried large commercial cases, conducted internal investigations and responded to government probes. He has also served as an expert witness in connection with legal malpractice litigation. He has lectured and written widely on securities, antitrust, legal ethics and general litigation topics, and chairs the Practising Law Institute’s programs on federal pretrial practice and ethics for corporate lawyers. David maintains an active pro bono practice as well.

Representative Experience

  • Successfully defended company against $1.2 billion claim that it was part of a group boycott conspiracy in violation of Section 1 of the Sherman Act.
  • Part of a multi-office team that defended one of the owners of the Deepwater Horizon well against billions of dollars in claims and in connection with government investigations.
  • Oversaw an appeal filed on behalf of over 300 defendants, including many of the major industrial companies in the U.S., designed to restructure how asbestos litigation is conducted in New York City.

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  • Securities Matters
    • Representing a media company in connection with restatement of financials.
    • Represented issuers in the securities laddering cases of 2001-2009.
    • Defending a high-tech company and officers with respect to securities claims in connection with the restatement of the company’s financial statements.
    • Represented an underwriter in a number of securities class actions in federal and state courts.
    • Representing the trustee of a bankrupt company in connection with claims arising from the issuance of $100 million of high-yield notes.
    • Counseling a company in connection with allegations of insider trading of its securities.
    • Defended an international consumer products company in a class action involving its initial public offering.
    • Represented parties in takeover litigation with regard to securities issues.
    • Defended an industry association against charges of manipulating prices in connection with securities transfers.
    • Prosecuted a manufacturer’s claims arising from sale of its Brazilian subsidiary for inflated securities.
    • Defended banks against proxy disclosure claims.
    • Representing a brokerage firm in an SEC investigation.
  • Antitrust Matters
    • Defending two foreign companies in connection with investigations and potential claims.
    • Defending a chemical company against price-fixing claims in federal and state courts.
    • Defended international paper manufacturer against claims of manipulation of world-wide prices of raw materials.
    • Represented luxury goods manufacturer in FTC pricing investigation.
    • Handled defense of pharmaceutical company in various FTC investigations concerning patent rights.
    • Counseled advertising agency in Justice Department grand jury price fixing investigation.
    • Defended ice cream manufacturer in dealer terminations lawsuits.
  • Internal and Government Investigations
    • Conducted internal investigations on accounting, bribery, insider trading and price fixing allegations.
    • Defended against SEC, Justice Department, FTC, and states attorneys general investigations.
  • Class Action/Product Liability Cases
    • Defending a manufacturer of generators from a product liability claim.
    • Prosecuting claims for utility companies in connection with the construction of a nuclear power plant.
    • Defending class action claims charging a financial services company with misleading its customers.
    • Representing a variety of manufacturers in connection with asbestos liability claims.
  • Law Firms Litigation
    • Defended a law firm against claims of breach of fiduciary duty.
    • Defended partners of a major law firm in sanctions proceeding.
    • Defended a law firm in a legal malpractice lawsuit.
    • Represented a law firm and its partners in disciplinary inquiries.
    • Defended a law firm against a lawsuit brought by a former partner.
    • Advised a law firm in connection with its dissolution.
    • Assisted a law firm in negotiating the terms of a merger with another law firm.
    • Served as an expert witness in connection with legal malpractice claims.
    • Assisted a law firm in revising its partnership agreement.
    • Provided advice to a law firm on conflict issues and represented it in connection with disqualification proceedings.
  • Trust and Estates Litigation
    • Representing children in claims to multi-million dollar estates and trusts.
    • Representing an adopted daughter in her claims to her mother’s $1.5 billion estate.
    • Defending a financial institution against charges that it mismanaged an estate.
    • Seeking recovery of $200 million looted from an estate.
    • Defending U.S. executors from claims that they acted in violation of law in connection with an estate that was probated overseas.
  • Insurance Recovery Matters
    • Representing a media company in seeking insurance coverage for antitrust liabilities.
    • Represented an industrial conglomerate in a $1.5 billion appeal to recover for asbestos liabilities under the company’s CGL insurance policy.
    • Represented a financial institution in seeking coverage claims in connection with the importation of coffee under a marine insurance policy.
    • Represented an insurance company in litigation of insurance claims in connection with CGL policies.
    • Counseling clients on a variety of D&O insurance coverage issues.
  • Pro Bono Matters
    • For more than 20 years, represented a death row inmate in Alabama asserting the man’s innocence of the crime for which he was convicted.
    • Sued New York City Transit Authority over unfair denials of Access-a-Ride service. Reached settlement, including an award of $290,000 in attorneys’ fees, that greatly improved the Access-a-Ride application process.
    • Represented the bar association in connection with lawsuits and potential claims.
    • Prepared amicus briefs on behalf of the ABA and other bar associations on issues important to the practice of law.
    • Advised legal aid society in connection with various issues, including labor and management relations.
    • Led the Association of the Bar of the City of New York’s efforts to have a privilege recognized for communications with bar association legal referral services, including speaking to the ABA House of Delegates on the resolution to that effect sponsored by the City Bar.

Professional Highlights

  • Recognized by peers as a leader of the bar, having chaired committees at the Association of the Bar of the City of New York, led MFY Legal Services, chaired numerous legal education programs at the Practising Law Institute and the Association of the Bar of the City of New York, recognized by Best Lawyers (Lawyer of the Year, Ethics and Professional Responsibility—New York, 2012, 2017 and 2019), The Legal 500 and Super Lawyers, chosen by other lawyers to represent them, and selected to give the ethics lecture that all who aspire to be members of the New York Bar must watch. 
  • Been involved in many major, high-profile lawsuits across the country, often requiring coordination with many other law firms.

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  • Honors & Awards
    • Best Lawyers (published by BL Rankings LLC), Commercial Litigation, Ethics and Professional Responsibility Law, Litigation – Antitrust, Litigation – Banking & Finance, Litigation – Securities, Bet-the-Company Litigation (2007-2020)
    • Best Lawyers, Lawyer of the Year, Ethics and Professional Responsibility — New York (2012, 2017, 2019)
    • The Legal 500 U.S., Antitrust - Civil Litigation/Class Actions (2016)
    • American Bar Association, Commendation for Drafting Resolution for Standing Committee on Lawyer Referral and Information Services (2016)
    • Super Lawyers (2007-2016)
  • Professional Activities 
    • Chair of Practising Law Institute programs on:
      • Federal Pretrial Practice
      • Ethics for Corporate Lawyers
      • Ethics for New Lawyers
    • Chair of panels for Practising Law Institute programs on:
      • Annual Institute on Securities Regulation
      • Class Actions
      • Depositions
      • Federal Litigation
    • Co-Chaired programs at the Association of the Bar of the City of New York on various litigation and professional responsibility subjects.
    • Chaired BBNA program on legal ethics.
    • Serves as an adjunct professor at Fordham University School of Law.
    • Served as board chair of nonprofit law firm MFY Legal Services Inc., member of its executive committee and co-chair of its strategic planning committee.
    • A member of Pillsbury’s Sarbanes-Oxley Committee, Opinions Committee and Professional Responsibility Committee.
    • Served two terms as a member of the Departmental Disciplinary Committee of the First Department.
    • Chaired the Professional Responsibility Committee of the Association of the Bar of the City of New York.
    • Chaired the ad hoc committee of the Association that commented on proposed SEC regulations under Section 307 of the Sarbanes-Oxley Act of 2002.
    • Currently chairs the Association’s Legal Referral Service Committee and is a member of its Professional and Judicial Ethics Committee.
  • Speaking Engagements
    • Lecturer for mandatory ethics program required for all who take the New York bar exam.
    • Spoken at numerous programs at the Association of the Bar of the City of New York on various litigation topics.
    • Chaired BBNA ethics program.
    • Guest lecturer at University of Pennsylvania Law School, Fordham Law School and Cardozo Law School.
    • Lecturer every year for the Marathon continuing legal education programs held by Pillsbury       (13 consecutive years)
  • Publications
    • Former columnist for the New York Law Journal.
    • Has written several dozen articles on litigation and ethics issues for such publications as the National Law Journal and Metropolitan Corporate Counsel, on whose advisory board David served.
    • Co-Author of the book Legal Ethics for In-House Counsel to be published by BBNA in 2017 (author of a chapter on “Significant Legal Ethics Opinions and Court Decisions (2006-2015) that Affect In-House Counsel” in the current book).
    • Author of “Unique Ethical Dilemmas Facing Corporate Counsel: E-Ethics in Today’s EDiscovery World” chapter in eDiscovery for Corporate Counsel published by West.
    • Author of “Ethical Issues in Corporate Compliance” chapter in Corporate Compliance Practice Guide: The Next Generation of Compliance published by Lexis.

Education

  • J.D., New York University School of Law, 1977
    cum laude, Order of the Coif; Articles Editor, Annual Survey of American Law

    B.A., Yale University, 1974
    magna cum laude

Admissions

  • New York

Courts

  • All New York State Courts

    U.S. District Court for the Southern District of New York

    U.S. District Court for the Eastern District of New York

    U.S. District Court for the District of Connecticut

    U.S. Court of Appeals for the Second Circuit

    U.S. Court of Appeals for the Third Circuit

    U.S. Supreme Court