David J. Hoffman
Office: New York
David J. Hoffman is counsel to Ramey & Schwaller. Mr. Hoffman is experienced advising foreign and domestic clients in complex disputes. Having begun his career at LeBoeuf, Lamb, Greene & MacRae, LLP and spending several years in solo practice, Mr. Hoffman brings the depth of over fifteen years of varied experience to each matter.
In particular, Mr. Hoffman has developed a strong practice in the area of arbitration, having represented parties in various arbitration forums and arbitration-related court proceedings. Included in that experience, Mr. Hoffman represented the Swiss sole director of three personal holding companies in multiple FINRA and court proceedings. Furthermore, his intellectual property experience includes both bringing and defending against street-level enforcement actions. Among other representations, he brought enforcement actions on behalf of the holders of trademarks in venerable Asian consumer goods and defended against a series of copyright infringement alleging the infringement of Chinese-language karaoke videos. As for general commercial matters, Mr. Hoffman has represented a diverse array of clients in matters ranging from claims under the Perishable Agricultural Commodities Act to partnership, LLC and corporate disputes.
Represented clients under the rules of the American Arbitration Association, the International Centre for Dispute Resolution and the International Chamber of Commerce, as well as both customer and industry disputes under FINRA rules, including:
- Brought claims on behalf of broker involved in the sale of Ecuadorian electric utility
- Represented investor in claims arising out of the development of a power plant in the Middle East
- Defended beauty-products entrepreneur against claims by former business associate
Experienced in arbitration-related court proceedings, including motions to compel, discovery and confirmation proceedings.
Fellow of the Chartered Institute of Arbitrators.
Former member of the Arbitration Committee of the New York City Bar Association.
Organized CLE program, sponsored by the University at Buffalo School of Law, entitled “Standards for Confirmation of Arbitration Awards: the Federal Arbitration Act vs. Article 75 of the CPLR”.
Publications include “Service Of Process Of The Petition To Confirm Or Vacate An Arbitral Award On Private Foreign Parties In The Federal Courts”, Mealey's International Arbitration Report, September 2007, “Review of New York Federal Petitions for Confirmation of Arbitral Awards Reveals Swift Resolution and Certainty of Awards”, with Tim McCarthy and Ryham Ragab, New York Dispute Resolution Lawyer, Spring 2013, Vol. 6, No. 1.
Arbitrator for the Joint Committee on Fee Disputes
Represented clients in appeals in federal courts, including obtaining vacatur of district court order compelling arbitration, Bonnant v. Merrill, Lynch, Pierce, Fenner & Smith, Inc., 467 Fed.Appx. 4 (2d. Cir. 2012).
Represented clients in appeals in state court that have resulted in reversal of order dismissing complaint for usurpation of corporate opportunity, Barrett v. Toroyan, 28 A.D.3d 331 (1st Dep't. 2006) and other orders.
Obtained precedential ruling in the Eastern District of New York against the routine disclosure of Social Security Numbers, Entral Group Int'l., LLC v. YHCL Vision Corp., 436 F.Supp.2d 404 (E.D.N.Y. 2006).
Represented claimants initially denied customer status in proceedings in bankruptcy court pursuant to the Securities Investor Protection Act.
Secured summary judgment for defendant in case arising under the Perishable Agricultural Commodities Act.
Organized CLE program, sponsored by the University at Buffalo School of Law, entitled “Hot Topics in Discovery”, focused on recent changes to the Federal Rules of Civil Procedure and developments in New York law.
Intellectual Property and Art Law:
Obtained multiple ex parte orders in the Southern and Eastern Districts of New York authorizing the seizure of infringing goods in several actions on behalf of trademark owners of health and food products of venerable Asian products.
Represented several owners of karaoke clubs in a series of actions in the Southern and Eastern Districts of New York alleging infringement of copyrights in Cantopop music.
Defended Egyptian software development company from copyright infringement complaint brought by contract partner.
Mr. Hoffman is a cum laude graduate of the University at Buffalo School of Law, where he served as an editor of the Buffalo Law Review. Mr. Hoffman obtained a B.S. in chemistry from Clarkson University where his undergraduate research resulted in the co-authorship of two peer reviewed scientific papers. He is admitted to practice in the State of New York, the Southern District of New York, the Eastern District of New York and the United States Court of Appeals for the Second Circuit.
Mr. Hoffman is fluent in German.
- “Topotactic Synthesis of Vanadium Nitride Solid Foams”, T.S. Oyama, R. Kapoor, H.T. Oyama, D.J. Hoffman, E. Matijevic, J. Mater. Res., 8 (1993), pp. 1450-1454
- “Preparation of Uniform Colloidal Particles of Hafnium Compounds”, Ocana, M., Hoffman, D.J., Matijevic, E., J. Mater. Chem., 1991,1, 87-90