David L. Cousineau, partner, represents plaintiffs in complex commercial litigation including lender liability, intellectual property and class actions.
DAVID L. COUSINEAU
Mr. Cousineau, who became partner in the firm in 2019, has achieved significant victories for his clients in contexts as varied as lender liability, fraud, business disputes, landowner disputes, inheritance disputes, racial discrimination and constitutional disputes. He is a tenacious advocate, who pinpoints the best legal framework and most salient issues for each case. His broad background in a variety of legal contexts, cross-border disputes, and complex, often technical cases makes him particularly adept at developing the winning argument for any case. His expertise has been instrumental in cases involving a lender’s interference with a developer’s business plan, a high-profile cross-border dispute over the estate of a French rock star, the functioning of satellites in space, the permitting and demolition of nuclear power plants and numerous cases of first impression.
Before joining Cappello & Noël in 2014, Mr. Cousineau spent twelve years as a litigator in Kaye Scholer LLP’s Complex Commercial Litigation Group.
Notables:
- Represented developer whose commercial mortgage-backed security (CMBS) servicer tried to force it into foreclosure after preventing it from carrying out its business plan. After intense litigation, negotiated buy-out of loan at significant discount that allowed the developer to fulfill its business plan and make the property profitable.
- Represented bona fide purchaser whose neighbor tried to limit his use of an easement. Convinced Court of Appeal to reverse judgment after bench trial and issue first published decision that directly addresses how easements should be interpreted when bona fide purchasers are involved.
- Defended company in arbitration alleging breach of contract and fraud, in a case involving investments in South Africa and complex money trail. Received complete victory including award of costs and fees.
- Petitioned U.S. Supreme Court in case involving “substantive consolidation” in bankruptcy proceedings.
- Developed accepted legal analysis for assessing illegal manipulation of energy markets.
- Represented EADS Astrium in fraud litigation against subcontractors involving power degradation on in-orbit satellites.
- Fluent in French
Education:
- Institut d’études politiques de Paris<em>, </em>Certificat d’études politiques, 1995
- Connecticut College, 1996
- Georgetown University Law Center, JD, 2002
Member:
- State Bar of California
- Consumer Attorneys of California
- American Association for Justice
Admitted:
- U.S. Courts of Appeals for the District of Columbia, Ninth, and Federal Circuits
- U.S. District Court for the District of Columbia