People: David M. Monachino, Partner

David M. Monachino

Partner

New York
Direct: (212) 218-5556
Fax: (212) 218-5526
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Biography

Mr. Monachino is a partner in the Commercial Litigation, Labor, Employment, Trade Secrets, Product Liability, and Business Torts groups in the New York office of Seyfarth Shaw LLP.  His civil litigation practice covers the full spectrum of litigation services, including litigation management, motion practice, jury trials, and appeals before federal and state courts and administrative agencies, in employment discrimination, restrictive covenants, trade-secret theft, corporate espionage, unfair competition, class action, privacy rights, and complex commercial and real estate litigation.   

Mr. Monachino has previously worked in the New York State Attorney General's Office, where he was Special Litigation Counsel and handled a wide variety of significant and controversial cases, including successfully representing the Governor and Attorney General in the death penalty controversy argued on Court TV, the Office of Mental Health concerning the right to compel mandatory AIDS testing, the Office of Court Administration on behalf of 141 Acting State Supreme Court Justices in a voting rights challenge, and the New York State Division of Human Rights in a class action discrimination suit.  While an assistant attorney general, Mr. Monachino successfully first chaired approximately twenty cases to verdict in numerous federal and state courts, and, in a published decision (Lee v. Coughlin), Supreme Court Justice Sonia Sotomayer noted that he was an “experienced” trial counsel in litigating a class action confinement case.  Prior to his tenure as an Assistant Attorney General, Mr. Monachino worked at a major Wall Street law firm, specializing in complex commercial litigation. During that time, Mr. Monachino was also appointed as a Special Assistant District Attorney in Manhattan to argue criminal appeals.  Mr. Monachino has been lead counsel or co-counsel on over fifty reported cases in state and federal court and has served as an adjunct faculty member of trial advocacy at Hofstra University School of Law.

Mr. Monachino is a partner in the Commercial Litigation, Labor, Employment, Trade Secrets, Product Liability, and Business Torts groups in the New York office of Seyfarth Shaw LLP.  His civil litigation practice covers the full spectrum of litigation services, including litigation management, motion practice, jury trials, and appeals before federal and state courts and administrative agencies, in employment discrimination, restrictive covenants, trade-secret theft, corporate espionage, unfair competition, class action, privacy rights, and complex commercial and real estate litigation.   

Mr. Monachino has previously worked in the New York State Attorney General's Office, where he was Special Litigation Counsel and handled a wide variety of significant and controversial cases, including successfully representing the Governor and Attorney General in the death penalty controversy argued on Court TV, the Office of Mental Health concerning the right to compel mandatory AIDS testing, the Office of Court Administration on behalf of 141 Acting State Supreme Court Justices in a voting rights challenge, and the New York State Division of Human Rights in a class action discrimination suit.  While an assistant attorney general, Mr. Monachino successfully first chaired approximately twenty cases to verdict in numerous federal and state courts, and, in a published decision (Lee v. Coughlin), Supreme Court Justice Sonia Sotomayer noted that he was an “experienced” trial counsel in litigating a class action confinement case.  Prior to his tenure as an Assistant Attorney General, Mr. Monachino worked at a major Wall Street law firm, specializing in complex commercial litigation. During that time, Mr. Monachino was also appointed as a Special Assistant District Attorney in Manhattan to argue criminal appeals.  Mr. Monachino has been lead counsel or co-counsel on over fifty reported cases in state and federal court and has served as an adjunct faculty member of trial advocacy at Hofstra University School of Law.

Education

  • J.D., Boston University School of Law (1990)
    Recipient, American Jurisprudence Awards in Estate Planning and Securities Regulation
  • B.S., Lehigh University (1987)

Admissions

  • New York
  • New Jersey
  • Pennsylvania

Courts

  • U.S. Supreme Court
  • U.S. Court of Appeals for the Second Circuit
  • U.S. Court of Appeals for the Third Circuit 
  • U.S. District Court for the District of New Jersey
  • U.S. District Court for the Eastern, Northern and Southern Districts of New York
  • U.S. District Court for the Western District of Michigan
  • U.S. Court of Appeals for the Fourth Circuit

Affiliations

  • Member, The Association of the Bar of the City of New York (Employment and Labor Law Section)

Representative Engagements

  • Heptagon Creations, Ltd., v. Core Group Marketing LLC, No. 11 Civ. 01794, 2011 WL 6600267 (S.D.N.Y. December 22, 2011) (LTS)(AJP) (in a case of first impression successfully dismissed plaintiff’s claims for copyright infringement, unfair competition and trade dress infringement under the Lanham Act, and common law unfair competition for “virtual” use of Andre Joyau furniture in client’s sales presentations.)
  • Henriquez v. Starwood Hotels Resorts Worldwide, Inc., 2009 WL 8451889 (S.D.N.Y.) No. 08 Civ. 7666 (SCR)(LMS), order confirmed 2011 WL 4526143 (S.D.N.Y. September 29, 2011) (Successfully dismissed Plaintiff’s claims asserted under Title VII, the Age Discrimination in Employment Act, the Americans with Disabilities Act, the New York State Human Rights Law, and the New York City Human Rights Law, for discrimination and retaliation based on race, color, national origin, age, and disability against Starwood Hotels)
  • Ancile Investment Company Limited  v. Archer Daniels Midland Company, 2011 WL 813724 (S.D.N.Y. March 8, 2011) (Ancile Investment Company brought numerous claims against our client Archer Daniels Midland Company alleging failure to endorse and deliver certain bills of lading in connection with a several complex international shipping contracts; motion to dismiss all US law claims granted.)
  • CIGNA Corporation, et al. v. Grassmuck and UnitedHealthcare Services, Inc., Case Number: 2:10-cv-02213-WJM -MF (D.N.J. June 1, 2010) (successfully defeated CIGNA’s attempt to enjoin Ms. Grassmuck from commencing employment with UnitedHealthcare Services and refuted allegations that Ms. Grassmuck misappropriated trade secrets upon her exit from CIGNA’s in both federal (Newark) and state court (Hudson Co.)).
  • M.V.B. Collision, Inc., v. Allstate Insurance Company, 728 F. Supp.2d 205 (E.D.N.Y. 2010) (represented Allstate in an action brought by an auto-body shop alleging deceptive trade practices and statutory business torts)
  • Motorola, Inc.  v. Abeckaser et al., No. 07-cv-3963 (CPS) 2009 WL 962809 (E.D.N.Y. April 8, 2008)  and 2009 WL 2568529 (E.D.N.Y. Aug. 5, 2009) (Court granted Motorola’s s motion for partial summary judgment finding defendants liable for federal trademark counterfeiting and infringement and false designation of origin, in violation of the Lanham Act, 15 U.S.C. § 1051 et seq., and held that defendants' violation was willful assessing $2.4 million in damages and $107,000 in attorney’s fees).
  • Nemeroff v. The Coby Group, LLC, 2008 WL 695533 (N.Y.Sup. March 5, 2008) (Trial Order) (successfully argued that a broker is entitled to assert a claim for quantum meruit on an oral agreement concerning the purchase of real estate in Florida for $145 million).
  • New York State v. CS Stars LLC, Attorney General Of The State Of New York Bureau Of Consumer Frauds And Protection (April 26, 2007) (successfully negotiated the first settlement with New York Attorney General regarding NY's new security breach notification law regarding a stolen laptop computer that held personal information, including the names, addresses, and Social Security numbers of recipients of workers' compensation benefits).
  • Aboushanab, et al. v. Janay, et al., 2007 WL 2789511 (S.D.N.Y. 2007) (complex complaint by ninety-five preferred shareholders for fraud and breach of fiduciary duty against officers and related companies dismissed).
  • American Theatre for Performing Arts, Inc. v. Consolidated Credit Corp., 45 A.D.3d 506, 846 N.Y.S.2d 60, (1st Dep’t.  2007) (successfully dismissed a 55 million dollar commercial lease dispute on summary judgment regarding a landmark building in Manhattan).
  • Last Best Beef, LLC, v. Dudas, et al.,--- F.Supp.2d ----, 2006 WL 2852764 (E.D.Va. September 27, 2006), judgment rev'd in part, 2007 WL 3087186 (4th Cir. 2007) (in a case of first impression, successfully argued that a section of a federal appropriations bill which contains prohibitive language regarding the trademark “Last Best Place”, improperly circumvents the Lanham Act and, therefore, is invalid legislation).
  • Factor v. Societe Generale North America, Inc., 06 Civ. 3480,  2006 U.S. Dist. LEXIS 32565  (S.D.N.Y.) (HB) (May 24, 2006) (a former employee filed a declaratory judgment action in state court against Societe Generale for a ruling that the employment agreement was not enforceable).
  • Treppel v. BIOVAIL Corporation, 2006 WL 661405 (S.D.N.Y March 16, 2006) (commercial defamation and libel claim by securities analyst who asserted that his career was destroyed by a smear campaign engineered by the defendants).
  • Westcom Corp. v. Dedicated Private Connections,  9 A.D.3d 331, 781 N.Y.S.2d 322 (1st Dep’t.  2004); Westcom Corp. v. Dedicated Private Connections, 5 A.D.3d 120, 775 N.Y.S.2d 1 (1st Dep’t 2004) (after four day bench trial, successfully barred five former employees from working for a competitor for 18 months).
  • Taddeo v. Ruggiero Farenga, Inc., 102 F. Supp.2d 197 (S.D.N.Y. 2000) (successful defense of company where former employee brought action against employer for wrongful termination and age discrimination).
  • Lee v. Coughlin, 26 F.Supp.2d 615 (S.D.N.Y. 1998) (defense of  class action civil rights action alleging deprivation of due process rights).
  • Butcher v. Gerber Products Co., 8 F. Supp.2d 307 (S.D.N.Y. 1998) (class action age discrimination prosecution) (successfully established that absolute technical compliance with age discrimination statutory provisions are required for a valid waiver).
  • Lusker v. Senator Ohrenstein, 995 F. Supp. 388 (S.D.N.Y. 1998) (successfully defended a State Senator against various building owners who brought an action for deprivation of their property rights in two buildings).
  • Calas v. Vastola, NYLJ August 6, 1997, p. 22. col. 5 (successful defense of sponsor against allegations of collusion by cooperative shareholders).
  • Fox v. Justice Doran, 974 F. Supp. 276, 280-81 (S.D.N.Y. 1997) (successful defense of the Chief Justice of Yonkers against allegations of corruption), aff'd mem., 152 F.3d 918, 1998 WL 385779 (2d Cir.1998).
  • Salahuddin v. Mead, 1997 U.S. Dist. Lexis 9276 (S.D.N.Y. 1997) (successful defense of Commissioner of the Department of Correctional Services for allegedly violating First Amendment right to exercise religion freely).
  • Hameed v. Pundt, 964 F. Sup. 836 (S.D.N.Y. 1997) (successful defense of State against alleged religious discrimination against Muslims).
  • Johnson v. Pataki, 229 A.D. 2d 242, 655 N.Y.S.2d 463 (1st Dep't 1997) (successfully represented New York’s Governor and Attorney General in a prosecution to supersede the Bronx District Attorney who expressed reluctance to seek the death penalty).
  • Thaler v. Casella, 960 F. Supp. 691 (S.D.N.Y. 1997) (successful defense of the Chief Counsel for State Bar Association Disciplinary Committee based on alleged improper ex parte communications with State Appellate Court that issued suspensions of various attorneys).
  • Trammell v. Surles, 1997 U.S. Dist. Lexis 15355 (S.D.N.Y. 1997) (successful defense of due process claims under the Fourteenth Amendment).
  • Trivedi v. Columbia University, 1996 WL 724743 (S.D.N.Y. 1997) (defense of Columbia University against racial discrimination claims in a five day jury trial).
  • Salahuddin v. Mead, 1997 WL 357980 (S.D.N.Y. 1997) (successful defense of a civil right action), rev'd on other grounds, 174 F.3d 271 (2d Cir.1999).
  • Abdul-Malik v. Coombe, 1996 U.S. Dist. Lexis 18203 (S.D.N.Y. 1996) (successful defense of a class action seeking declaratory and injunctive relief to redress the New York State Department of Correctional Services'  denial of the rights of Muslim inmates to receive a diet that conforms with the requirements of their faith).
  • Mahid v. Malone, 1996 WL 134756 (S.D.N.Y. 1997) (successful defense of a retaliation and discrimination claim).
  • Kulak v. City of New York, 88 F.3d 63 (2nd Cir 1996) (successful defense of various high ranking state officials and treating physicians in a civil rights and malpractice action brought by a patient who had been involuntarily committed to a State hospital).
  • Ramirez v. Holmes, 921 F. Sup. 204 (S.D.N.Y. 1996) (successful defense of a discrimination action against state officials alleging violation of constitutional rights).
  • Morrill v. New York State Racing and Wagering Board, 639 N.Y.S.2d 730 (2d Dep't 1996) (successful defense of a proceeding to review a determination of the New York State Racing and Wagering Board).
  • Davidson v. Scully, 1996 WL 26569 (S.D.N.Y. 1996) (successful defense of a State Commissioner against allegations of discrimination).
  • Muhammad Ahmad Majid v. Inspector General of NY, 1996 WL 134756 (S.D.N.Y. 1996) (successful defense of Inspector General against allegations of civil rights violations).
  • Shonting v. Facilities Development Corp., 223 A.D.2d 587, 636 N.Y.S.2d 413 (2nd Dep't 1996) (successful defense of breach of real estate contract action brought against Facilities Development Corporation).
  • Dean v. Abrams, 1995 WL 791966 (S.D.N.Y. 1995) (successful defense of civil rights allegations against Attorney General of the State of New York).
  • Jenkins v. Coughlin, 1995 WL 745000 (E.D.N.Y. 1995) (successful defense of Commissioner of Department of Corrections where plaintiff alleged that defendants violated his constitutional rights in connection with removing him from a Temporary Work Release Program).
  • Alameen v. Coughlin, 892 F. Sup. 440 (E.D.N.Y. 1995) (successful defense of State against Sufi Muslims who brought class action challenging State policy prohibiting certain religious activities).
  • Burrus v. Keane, 1995 U.S. Dist. Lexis 3988 (S.D.N.Y. 1995) (successful defense of State against alleged violations of constitutional rights by failing to follow regulations in connection with a disciplinary hearing).
  • Perkins v. New York State Dept. of Taxation and Finance, 1995 WL 115678 (S.D.N.Y. 1995) (after four day bench trial, successful defense of New York State Department of Taxation and Finance  against allegations of racial discrimination).
  • Morales v. Human Rights Div., 878 F. Supp. 653 (S.D.N.Y. 1995) (after six day bench trial, successful defense of New York State Division of Human Rights against a class of Hispanic employees who alleged a pattern of disparate treatment and racial discrimination).
  • McHawi v. State University of New York, 71 F.3d 406 (2d Cir. 1995) (successful defense of the State University of New York in a discrimination claim related to a tenure decision).
  • Jermosen v. Coughlin, 1995 v. 144155 (S.D.N.Y. 1995) (successful defense of a civil rights action).
  • Mohammed v. Coughlin, 1995 WL 616578 (S.D.N.Y. 1995) (successful defense of allegations of violations of first amendment claims).
  • Lambert v. Corcoran, 209 A.D.2d 674 (2d Dep’t 1995) (after ten day bench trial, successful defense of the Chief Justice of New York State and various other officials in a defamation and libel action).
  • American Home Product Corporation v. Justice Shainswit, 215 A.D.2d 317 (1st Dep’t 1995) (successful defense of a New York State Supreme Commercial Court Justice in a mandamus proceeding).
  • Beckwith v. New York State Racing and Wagering Board, 219 A.D.2d 516 (1st Dep't 1996) (successful defense of the New York State Racing and Wagering Board regarding a disciplinary proceeding).
  • Sorrentino v. New York State Racing and Wagering Board, 210 A.D.2d 150, 621 N.Y.S.2d 851 (1st Dep’t 1994) (successful suspension of harness racer’s license).

Presentations

  • Co-presenter, "Pleading, Proving and Protecting Trade Secrets in Litigation," Trade Secrets 2012 Webinar Series (April 24,2012)
  • “The Anatomy of a Trade Secret Audit: Is the Data That Drives Your Company Adequately Protected?” Trade Secrets 2011 Webinar Series, Seyfarth Shaw’s Trading Secrets Blog (May 5, 2011)
  • “Trade Secrets & Restrictive Covenants in the Current Economic Climate,”  Lawline.com live CLE seminar and recording (July 7, 2010)
  • “Trial Skills: Effective Closing Arguments,” Seyfarth Shaw National CLE Presentation (June 1, 2010)
  • “Employment Litigation Defense Strategies” and “Negotiation & Settlement Strategies for Employment Litigation,” presented by ReedLogic - Video-Based Executive Seminars (March 2007)

Publications

  • Chapter Editor, “Restrictive Covenants, and Trade Secrets (responsible for 3d Circuit),” ABA Annual Review on Employee Mobility (2010 & 2011)
  • “At Long Last, New Jersey Passes Trade Secrets Act,” Seyfarth Shaw’s Trading Secrets Blog(January 9, 2012)
  • “What Does It Take to Plead a Claim for Trade Secret Misappropriation Claim Under the Uniform Trade Secrets Act?”, Seyfarth Shaw’s Trading Secrets Blog (December 23, 2011)  
  • “At Long Last, New Jersey Is Poised To Pass The "New Jersey Trade Secrets Act," Seyfarth Shaw’s Trading Secrets Blog (November 16, 2011)  
  • “Failure to Specifically Identify Trade Secrets in a Complaint Does Not Bar a Complaint in New Jersey Federal Court,” Seyfarth Shaw’s Trading Secrets Blog (October 27, 2011)  
  • “Outside Counsel Fees May Be a Qualified Loss to Meet the CFAA's $5000 Jurisdictional Requirement,” Seyfarth Shaw’s Trading Secrets Blog (May 15, 2011)  
  • “A Pennsylvania District Court Finds That A Non-Compete Agreement Is Not Subject To Automatic Stay in Bankruptcy,” Seyfarth Shaw’s Trading Secrets Blog (November 8, 2011)  
  • “To Get Injunctive Relief, Be Able to Prove Specific Irreparable Harm,” Seyfarth Shaw’s Trading Secrets Blog (June 22, 2010)  
  • “Does My Movie Theater Have Trade Secret Protection?”, Seyfarth Shaw’s Trading Secrets Blog (November 19, 2009)

“Sanctions for Spoliation of Evidence -- Infinite Energy, Inc. v. Thai Heng Chang,” Seyfarth Shaw’s Trading Secrets Blog (September 11, 2008)

Co-Author, “Tribal Memory Can Lead To A Trade Secret Violation,” Executive Counsel(Jan/Feb 2008)

 

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