David L. Cousineau

David L. Cousineau is an accomplished litigator with first-chair trial and appellate experience before federal and state courts and regulators.

Mr. Cousineau has achieved significant victories for his clients in contexts as varied as lender liability, fraud, business disputes, fiduciary liability of trustees, racial discrimination, and constitutional disputes.  In each case, he identifies and focuses on the key legal and factual issues that are most likely to achieve a quick settlement or ultimate victory.  Many of his cases involve intricate legal and factual scenarios that he distills into easily understandable and persuasive arguments.

Before joining Cappello & Noël in 2014, Mr. Cousineau spent twelve years as a litigator in Kaye Scholer LLP’s Complex Commercial Litigation Group.  While there he developed an ongoing interest in energy issues, through work on cases related to the development of electricity markets and the construction, shutdown, and demolition of power plants.

Education

Institut d’études politiques de Paris, Certificat d’études politiques, 1995
Connecticut College, 1996
Georgetown University Law Center, JD, 2002

Admitted

California
U.S. Courts of Appeals for the District of Columbia, Ninth, and Federal Circuits
U.S. District Court for the District of Columbia

Selected Published Decisions

Am Trucking Ass’ns v. City of Los Angeles, 660 F.3d 384 (9th Cir. 2011) (defense of LA’s Clean Truck Program against Constitutional preemption claims)

McReynolds v. Sodexho Marriott Servs., 349 F. Supp.2d 1 (D.D.C. 2004) (summary judgment in racial discrimination class action)

McReynolds v. Sodexho Marriott Servs., 349 F. Supp.2d 30 (D.D.C. 2004) (Daubert claims in racial discrimination class action)

Blue Ridge Environmental Defense League v. Nuclear Regulatory Commission, 716 F.3d 183 (D.C. Cir. 2013) (impact of Fukushima on the design of a new nuclear power plant in the U.S.)

Williams v. Martinez, 586 F.3d 995 (D.C. Cir. 2009) (availability of habeas corpus relief for crimes committed in the District of Columbia)

Coma v. City of New York, 97 A.D.3d 715 (2012) (sufficiency of evidence to support verdict, alleged prejudicial conduct by trial counsel, preservation of issues for appellate review)

Fluent in French.