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David S. Pegno

Partner                                                                           Add vCard

 

dpegno@dpklaw.com

Phone: (212) 943-9000 x 103

Fax: (212) 943-4325

 

David Pegno, a founding member of the firm, has a wide range of experience in commercial litigation and arbitration matters in state and federal courts in New York and throughout the United States.

 

Over his career, Dave has represented clients in matters involving federal securities laws; partnership disputes; breach of fiduciary duty and fraud claims; directors’ and officers’ liability; insurance; hedge funds; derivative and mortgage-backed securities; commercial leases; the FCPA; celebrity endorsements; construction; bankruptcy; letters of credit; investment banking services; credit agreements; employment; energy and supply contracts; broker dealers; and international arbitration.  He has also conducted many internal and claims investigations for clients, and tried cases in state and federal courts, as well as FINRA and the AAA.

 

Dave has extensive experience in insurance law and litigation.  He has pursued insurance fraud and other claims for affirmative relief on behalf of insurance companies, as well as represented insureds in negotiating and procuring complex coverages such as D&O and E&O insurance and other specialty coverages.   He has also advised insureds concerning potential insurance claims and litigated and arbitrated insurance coverage matters for policyholders: for example, he successfully represented a Fortune 50 company seeking coverage under policies providing $500 million of insurance, securing one the of the largest recoveries for a corporate policyholder on record.

 

Dave also has considerable experience in bankruptcy court litigation.  He has practiced in bankruptcy court since he began private practice, and has litigated adversary proceedings and otherwise represented clients in the Enron, Adelphia, Lehman Brothers, Madoff and MF Global bankruptcies, among many others.

 

Before co-founding DPK, Dave practiced at Kaye Scholer LLP and Kornstein Veisz Wexler & Pollard LLP. His practice at those firms focused on commercial litigation matters, ranging from broker-dealer litigation to an international arbitration concerning construction of a nuclear power plant. 

Dave was named to the New York Super Lawyers list in 2008 and 2019-2023 and is recommended for Business Litigation. He was also recognized as an Elite Boutique Trailblazer by the National Law Journal in 2019. Dave is a member of the Lawyer’s Committee for the Inner City Scholarship Fund and a past President and member of the New York City Chapter Board of the Villanova Law Alumni Association. He is also on the Advisory Board of the Eleanor H. McCullen Center for Law, Religion and Public Policy at Villanova Law School. 

Recent representative matters include:

 

  • Advising a major financial institution regarding its investments in mortgage-backed securities;

  • Representing defendants in multiple class actions arising out of a multi-billion dollar IPO;

  • Defending an energy company in letter of credit litigation seeking an eight-figure damage award in a bankruptcy proceeding;

  • Representing individuals in the United States and Europe in a series of litigations arising out of a foreign bank’s loan for the purchase and construction of a hotel in Manhattan;

  • Representing a leading professional athlete in litigation arising from financial dispute with his former advisors and lenders;

  • Defending a financial institution on claims brought by its landlord in connection with the termination of its net lease to a Manhattan office building;

  • Successfully defending a federal securities class action seeking damages for violation of the proxy rules, resulting in a defense verdict at trial; and

  • Pursuing claims on behalf of a hedge fund for breach of a financing agreement by a national financial institution.

Portrait of David Pegno

Education

  • J.D. summa cum laude, Villanova University School of Law, 1989

    Managing Editor, Villanova Law Review

  • B.A. cum laude, Georgetown University, 1986

 

Admissions

  • New York

  • United States Court of Appeals for the Second Circuit

  • United States Court of Appeals for the Eighth Circuit

  • United States District Court for the Eastern District of New York

  • United States District Court for the Southern District of New York

 

Clerkship

  • Hon. Louis L. Stanton, United States District Judge for the Southern District of New York

 

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