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David N. Mair

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P: 212-338-9100
F: 646-607-9370
mair@ksmlaw.com

David N. Mair

Overview

For more than twenty-five years, David N. Mair has focused his practice on representing clients in high-stakes employment disputes and complex employment litigation. His clients include senior financial services professionals, executives at private and public companies and lawyers, physicians, accountants and academics at leading global professional firms and academic institutions. He also represents executives and professionals in negotiating employment transitions, team moves and severance arrangements.

Known for his use of pioneering legal strategies, David frequently represents executives and employees in Sarbanes-Oxley and Dodd-Frank whistleblower retaliation claims. He also represents both U.S. and foreign executives and professionals in cross-border employment disputes, often working together with foreign law firms to implement joint negotiating and litigation strategies for clients in financial services and other industries.

David’s practice also includes representation of a wide range of clients in high-stakes business and real estate litigation, including representation of residential and commercial property owners in real estate and construction disputes and litigation.

As part of his deep commitment to pro bono work, David also counsels and represents clients in employment matters for the Cancer Advocacy Project of the New York City Bar Association.

David has been awarded the highest “AV Preeminent” Peer Review rating from Martindale-Hubbell, one of the country’s leading legal directories. He has also been named each year since 2012 to the list of New York Super Lawyers, a peer-reviewed listing of the top attorneys in New York. David is also a Fellow of the Litigation Counsel of America, a trial lawyer honorary society composed of less than one-half of one percent of American lawyers. He has also been elected as a Fellow by the Board of the American Bar Foundation. Fellows comprise a global honorary society of attorneys, judges, law faculty, and legal scholars whose public and private careers have demonstrated outstanding dedication to the highest principles of the legal profession and to the welfare of their communities. Membership in the Fellows is limited to one percent of lawyers licensed to practice in each jurisdiction.

Experience

David’s recent client engagements include:

  • Successfully resolved breach of contract claims for the former CEO of an NYSE-listed global broker-dealer in a lengthy arbitration.
  • Successfully resolved Sarbanes-Oxley and Dodd-Frank whistleblower retaliation claims for senior executives and other professionals in the financial services, energy, REIT and biotechnology industries.
  • Representation of many financial services executives and professionals in successfully negotiating employment moves between leading investment banks, alternative asset managers and financial services firms.
  • Successfully litigated age discrimination claims for senior technology transfer executives at a leading academic medical center.

Recognition

  • Awarded “AV Preeminent” Martindale-Hubbell Peer Review Rating
  • Selected by Peer Review for Inclusion in Super Lawyers Directory, New York Metro, 2012-2019
  • Fellow, Litigation Counsel of America
  • Fellow, American Bar Foundation

Testimonials

“In a complex litigation over five years against a large, powerful and ruthless opponent I was losing faith in the integrity of the legal profession. However, this changed after I engaged David Mair. David was able to adapt to the nuances of a complex case that traversed many disciplines and after a bitter protracted struggle negotiated a great settlement. He is extremely smart, tenacious, organized, yet personable and empathetic, and always acted with impeccable integrity; a class act.” – Former partner of global consulting firm

“I engaged David’s services in successfully negotiating a severance agreement with my former employer. David was the only one of four lawyers interviewed who identified the innovative approach that ultimately exceeded expectations. Every step along the way, David provided solid and timely advice, with full attention and respect to my many questions and ideas. It was for me the definition of a highly performing professional partnership.”   – Senior Executive in Logistics and Supply Chain functions

“For nearly 15 years I have worked with David Mair as my attorney and cannot rave enough about him. The work he does is exceptional, always thorough and very well thought out. During this time we have worked together on complicated employment agreements and equity arrangements, which David was always able to walk me through in simplified terms with a well laid out list of strategic options for me to select. I trust him implicitly and appreciate his professionalism, prompt responses and attention to detail. Overall I feel I have excellent legal representation with David, and have recommended him to several friends.” — C-Suite executive in media and entertainment field

“Working with David Mair has made a challenging contract negation painless. David is incredibly knowledgeable of NY Law and a strategic negotiator. His levelheaded style smoothly disarmed the opposing side and gained me the contract terms and conditions we wanted. I could not have done this negotiation without him.” – Senior insurance industry executive

“David Mair is simply the best in the business.  David has done my employment contract work and negotiated my exits from, and entries to three different jobs in my career, and I can honestly say there is no one I would rather have in my professional corner.  He is incredibly sharp, incredibly tough, and fights for the absolute best outcome for his clients.  I think David may enjoy the victories as much as I do, as his client, which I find both exceedingly rare and endearing.  I have recommended David to a number of friends and colleagues, and all have come away with the best of experiences and impressions.  I would recommend him to anyone, and I look forward to working with David on all of my future employment opportunities.” — Senior hedge fund marketing executive

“David Mair represented me in lengthy and difficult negotiations regarding my departure. Throughout our engagement, David was thoughtful, diligent, attentive to detail and protected my interest in all circumstances. I have the highest regard for David’s advice and counsel and can recommend him without hesitation.” – Former Senior Executive of leading global bank

“Henry Saurborn & David Mair were successful in defending us against a former employer, which utilized a much larger law firm and outspent us substantially.  How? – they just worked smarter.  I highly recommend them.” – CFO of marketing agency

Education

  • LL.M, New York University School of Law, 1991
  • LL.B., University of Dundee Law School, 1989
    First Class Honors

Bar Admissions

  • New York, 1992

Court Admissions

  • U.S. Court of Appeals, 2nd Circuit
  • U.S. Court of Appeals, 3rd Circuit
  • U.S. Court of Appeals, 4th Circuit
  • U.S. Court of Appeals, 5th Circuit
  • U.S. District Court, Southern District of New York
  • U.S. District Court, Eastern District of New York
  • U.S. District Court, Northern District of New York
  • U.S. District Court, Western District of Michigan

Professional Associations and Memberships

  • New York City Bar Association, 
  • New York State Bar Association, Labor and Employment Law Section
  • American Bar Association, Labor and Employment Law Section