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David W. Ichel
Partner

425 Lexington Avenue
New York, NY 10017-3954
Phone:  (212) 455-2563
Fax:  (212) 455-2502
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David W. Ichel is a Partner in the Firm's Litigation Department.  He has spent more than 30 years at the Firm litigating complex commercial disputes and advising companies, boards of directors, industry associations and institutions on litigation-related issues, including JPMorgan Chase, Heineken, Toys "R" Us and Vivendi/Seagram among others.  He has been particularly active in areas of commercial fraud claims, securities litigation, product liability defense, distributor termination, antitrust and unfair trade practice claims, libel/slander, advertising/labeling claims, insurance coverage and insurance company insolvency litigation.  He is admitted to practice in New York, New Jersey, Washington, D.C., the United States Supreme Court and numerous other federal Circuit and district courts throughout the United States.


Recent representations have included:

  • Obtaining for clients Heineken NV and Heineken USA and other alcohol beverage manufacturers the complete dismissals of class actions in ten state and federal courts across the country alleging that alcohol beverage marketing targeted underage consumers and seeking over $2 billion damages;
  • Reversal of class certification and negotiation of a favorable settlement for JP Morgan Securities Inc. in the largest consolidated securities litigation proceeding in history, the Initial Public Offering Securities Litigation;
  • Representation of Bank of America and various investment funds in one of the two largest U.S. life insurance company insolvencies in history, Mutual Benefit Life Insurance Company, in which he obtained more than 100 cents- on- the- dollar recovery for his creditor clients;
  • Representation of Seagram in a RICO lawsuit brought against Seagram, Diageo and Pernod Ricard by the Republic of Colombia;
  • Dismissal of defamation and related tort lawsuit brought by "anti-gangsta rap" activist C. Delores Tucker against Universal Music and Warner Music arising out of lyrics on the Tupac Shakur album "All Eyez on Me."

Mr. Ichel joined Simpson Thacher in 1978 and was elected a partner in 1985.  He received his B.A. in 1975, summa cum laude, from Duke University, where he was elected to Phi Beta Kappa.  He received his J.D. from Duke University School of Law in 1978, where he was a member of the Duke Law Journal.  He currently is the Chairman of the Board of Visitors of Duke Law School. 


Mr. Ichel is cited in a number of publications, including Who’s Who (World and America), Chambers USA, Legal 500, Euromoney Benchmark Litigation Survey, Best Lawyers in America and SuperLawyers.

Honors/Associations
•  Chair, Board of Visitors, Duke University Law School
•  American Law Institute
•  Association of the Bar of the City of New York, Chair, Product Liability Committee, 2005 - 2008
•  Product Liability Advisory Council
•  MFY Legal Services, Inc., Director and Past Chair
•  American Bar Association
•  New Jersey State Bar Association
•  Federal Bar Council
Recent Cases
•  Hakki v. Zima Co., 2006 WL 852126 (D.C. Sup. Ct. March 28, 2006) aff'd, No. 06-CV-467 (D.C. Ct. App. June 26, 2007)
•  Kreft v. Adolf Coors Co., 05 CA 2315 (Colo. Ct. Apps. Div.1 Oct. 4, 2007)
•  Credit Suisse Securities (USA) LLC v. Billing, _U.S._, 127 S. Ct. 2383 (2007)
•  In re: Initial Public Offering Securities Litigation, 483 F.3d 70 (2d Cir., 2007)
•  Tucker v. MTS, Inc., 229 F.3d 1139 (3d Cir. 2000), Cert. denied, 531 U.S. 1078 (2001)
•  Joseph E. Seagram & Sons, Inc. v. McGuire, 814 S.W.2d 385 (Tex. 1991)
•  American Mart Corp. v. Joseph E. Seagram & Sons, Inc., 824 F.2d 733 (C.A.9 (Nev.) 1987)
Publications
•  The Supreme Court Considers the Constitutionality of the Public Company Accounting Oversight Board
•  The Supreme Court Considers the ‘Inquiry Notice’ Standard in Federal Securities Fraud Cases
•  “Attractive Advertising” Suits Held Judicially Unappealing
•  Supreme Court Rules that IPO Litigation is Immune from Antitrust Scrutiny
•  Litigation Update: Courts Dismiss Class Actions Challenging Alcohol Beverage Industry's Advertising
•  Editor, Professional Liability Insurance for Attorneys, Accountants and Insurance Brokers: Capacity and Coverage Problems, Practising Law Institute, 1986
•  Co-Editor, Introduction to Business Insurance: Law and Litigation, Practising Law Institute, 1985
•  Should the Business Insurance Policy Be Construed Against the Insurer? Another Look at the Reasonable Expectations Doctrine (Ostrager and Ichel) 33 Federal Insurance Counsel Quarterly 273, 1983
•  The Role of Bargaining Power Evidence in the Construction of the Business Insurance Policy: An Update (Ostrager and Ichel) 18 The Forum 477, 1983
Speaking Engagements
•  David Ichel and Robert Bourque Chair West Legalworks Program on "The Supreme Court and FDA Preemption of State Failure-to-Warn Suits"
September 24, 2008
Admissions
•  New York 1979
•  New Jersey 1979
•  District of Columbia 2004
•  U.S. Court of Appeals 2nd Circuit 1984
•  U.S. Court of Appeals 9th Circuit 1985
•  U.S. Court of Appeals 4th Circuit 1989
•  U.S. Court of Appeals 3rd Circuit 1998
•  U.S. Court of Appeals 6th Circuit 2006
•  U.S. District Court Southern District of New York 1979
•  U.S. District Court Eastern District of New York 1979
•  U.S. District Court District of New Jersey 1979
•  U.S. Supreme Court 1984
•  U.S. District Court for the District of Columbia 2003
Education
•  Duke University School of Law, 1978 J.D.
Duke Law Journal, Editor
•  Duke University, 1975 B.A.
summa cum laude; Phi Beta Kappa



•  Litigation
•  Securities/Shareholder Litigation
•  Antitrust
•  Product Liability and Mass Tort
•  Insurance/Reinsurance
 
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