Attorneys

Experience

Dave Burkoff focuses his practice on business disputes. Dave has broad experience handling civil litigation matters in state and federal courts throughout the United States. Dave has handled disputes relating to, among other things, banking, educational institutions, health care, real estate, employment matters, insurance, antitrust, nonprofit organizations, information technology, and the hospitality and entertainment industries. Dave also regularly handles fiduciary litigation matters, including disputes related to trusts and estates. Dave has experience litigating class actions, derivative actions, and other procedurally complex matters. Dave’s recent cross-examination of an opponent’s expert in a highly publicized case led the judge to exclude the expert’s opinions as “contrived, equivocal, evasive and, frankly, non-scientific.” Dave has won and resolved cases for clients ranging from individuals to Fortune 200 companies. Dave advises clients at all stages of the litigation process, including pre-suit counseling, discovery, injunction proceedings, dispositive motion practice, trial, and appeal. Dave’s practice also encompasses arbitration and mediation.

Dave is admitted to practice in Georgia, South Carolina, Massachusetts, and New York, and in the U.S. District Courts for the Southern District of Georgia, the Middle District of Georgia, the Northern District of Georgia, the District of South Carolina, the Eastern District of New York, the Southern District of New York, and the District of Massachusetts. He is also admitted to practice in the U.S. Courts of Appeals for the First, Second, Fourth, Ninth, and Eleventh Circuits.

Since joining HunterMaclean in 2012, Dave has held leadership roles within the Firm, including service on the Firm’s management committee and as one of its general counsel. Before joining HunterMaclean, Dave practiced in Boston and New York, most recently with WilmerHale LLP, where he was a member of the firm’s Litigation/Controversy Department and Business Trial Group. In 2010, Dave participated in the Advanced Advocates Program conducted by the National Institute for Trial Advocacy in Washington, D.C. Dave graduated from the University of Michigan Law School, cum laude, and received his bachelor’s degree with honors from Columbia University in New York City.

Representative Engagements

  • Defense of injunction efforts of entity that formerly held maintenance contract at training center for federal law enforcement that sought to prevent new maintenance provider from employing its former personnel
  • Defense of oil company in lawsuit brought by minority shareholder alleging fraud and breaches of fiduciary duty by the company’s directors, officers and majority shareholder, leading to favorable settlement
  • Favorable settlement of breach of contract claim brought in federal court against Fortune 200 company by software maintenance provider that alleged the company had failed to properly terminate the parties’ contract and thus owed maintenance fees at the provider’s “full price” which was far in excess of any fees the company had ever agreed to pay
  • Dismissal of class action lawsuit alleging litany of claims against payday lending company related to malfeasance by one of its former employees
  • Summary judgment for executor in federal lawsuit filed against beneficiary who refused to pay her share of the estate tax attributable to the significant estate assets she received
  • Filed lawsuit on behalf of commodities broker related to damage to its cargo and associated shipping delays, leading to favorable settlement
  • Arbitration award in favor of university on claim by dismissed student that the school violated his alleged contractual due process rights
  • Favorable settlement on behalf of party to loan participation agreement in lawsuit against limited liability company to which loan collateral was improperly transferred
  • Defense of lawsuit filed by manager of limited liability company demanding repurchase of member’s interest at below-market price, leading to favorable settlement
  • Favorable settlement of dispute between real estate development partners regarding ownership of various interests in which they co-invested
  • Favorable settlement of claims between hospital and software provider related to alleged breaches of software license agreement
  • Filed lawsuit on behalf of physician practice to enforce terms of separation agreement with former member of the practice, leading to favorable settlement
  • Arbitration award in favor of university on majority of claims brought by dismissed student aggrieved by the school’s internal review and appeal proceedings
  • Favorable settlement of claims against limited liability company related to alleged professional malpractice by former owner of the company
  • Obtained injunction on behalf of hospital in dispute related to potential foreclosure on hospital’s assets
  • Summary judgment for plaintiff business owner on claims including fraudulent inducement and breach of contract in connection with purchase of assets of a business
  • Dismissal of lawsuit alleging that billing practices violated the Fair Debt Collection Practices Act
  • Favorable settlement of professional malpractice claim on behalf of fiduciary’s former client
  • Filed lawsuit on behalf of co-trustee seeking court direction given dispute with the other trustee regarding proper disposition of trust property, leading to breaking of the impasse
  • Successful opposition of year’s support petition filed by widow of decedent who had petitioned for divorce prior to his death and had sufficient other means of support
  • Dismissal of lawsuit alleging violation of compensation policy in employee handbook
  • Secured injunction barring former employees from competing against former employer in violation of restrictive covenants in their employment agreements
  • Favorable settlement of debt owed to machine parts manufacturer in conjunction with sale of debtor to new owner
  • Favorable settlement of interpleader action on behalf of trust beneficiaries, resulting in substantial recovery of disputed annuity proceeds
  • Successful opposition of preliminary injunction motion in breach of contract action brought by former employer against its former employee
  • Favorable settlement of dispute between film production company and producer concerning compensation and film credits
  • Confirmation of arbitration award issued in favor of bank after lengthy arbitration hearing on account holders’ claims arising from fraud committed by investment advisor whose clients kept their assets with the bank
  • Favorable settlement of tort and breach of contract claims brought by two groups of hedge funds against their former hedge fund administrator
  • Dismissal of shareholder derivative suit alleging misleading public disclosures by brand management company
  • Jury verdict in favor of venture capital firm after two-week trial on claims for intentional interference with contract and business relations
  • Summary judgment in favor of broker-dealer and investment advisory affiliates of bank in case concerning fraud committed by investment advisor whose clients kept their assets with the bank
  • Dismissal of RICO action on grounds of forum non conveniens, affirmed on appeal
  • Summary judgment on majority of claims brought by software provider against company that agreed to market and sell the provider’s software to its own customers, leading to favorable settlement
  • Favorable settlement of securities fraud claims brought against former CEO of subsidiary of a company that misstated its financial results
  • Dismissal of related state and federal shareholder derivative suits alleging improper stock option backdating by a technology company’s current and former officers and directors
  • Favorable settlement of eminent domain dispute on behalf of church sited in path of bridge construction
  • Favorable settlement of dispute between charities named as beneficiaries of a will

Recognition

Community STAR: 2017

The Savannah Technical College Foundation Community Council honored HunterMaclean attorney David Burkoff at the 2017 Tribute to Community STARS. The event recognizes individuals for their service and dedication at work or in the community.

Georgia Super Lawyers Rising Star: 2014-2016

Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high-degree of peer recognition and professional achievement. The selection process is multi-phased and includes independent research, peer nominations and peer evaluations.

GenerationNEXT: Savannah’s Rising Stars of Business, 2016

In their annual GenerationNEXT: Savannah’s Rising Stars of Business competition, Savannah Magazine andBusiness in Savannah recognize local business and community leaders under the age of 40. The winners are nominated and selected based upon their business accomplishments and humanitarian efforts.

Martindale-Hubbell: AV Rated

The Martindale-Hubbell® PEER REVIEW RATINGS™ are an objective indicator of a lawyer’s high ethical standards and professional ability, generated from evaluations of lawyers by other members of the bar and the judiciary in the United States and Canada.


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Publications & Presentations

Publications

Legal Checklist for Your Business’s Success in 2017

Now is a good time to review your business structure, relationships, and agreements, to prepare and plan for success. Attorney David Burkoff provides a short legal checklist for a strong start to 2017.

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Questions to Consider Before Scaling Your Business

In scaling up your business, planning ahead is critical to success. HunterMaclean attorney David Burkoff discusses some of the key questions to ask yourself before expanding your company.

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Legal Checklist for Success as you Grow your Business in the New Year

As 2015 ushers in a host of new opportunities, it is a good time to review your business structure, relationships, and agreements, to prepare and plan for success. Attorney David Burkoff offers a short legal checklist for a strong start to the New Year.

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Plan Ahead to Avoid Disputes Among Your Beneficiaries

Less than 50 percent of American adults have a completed estate plan. Even less have up-to-date plans. If you have an estate plan in place, you are already ahead of the curve. In this article for Elegant Island Living, attorneys Dave Burkoff and Will Gallagher share some advice on how to prepare a thorough estate plan.

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Arbitration and Mediation vs. Litigation

HunterMaclean attorney David M. Burkoff discusses the benefits of arbitration and mediation and when these options can serve as a strategic option during business disputes.

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Lessons From Trial

By David M. Burkoff, published in ABA Criminal Litigation Newsletter (Fall 2006) and reprinted in The Young Litigator: Tips on Rainmaking, Writing and Trial Practice (First Chair Press, 2011).

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Presentations

Fit Test Your Business

How fit is your business? This PowerPoint provides overview information on four important aspects of your business’s legal “fitness”: business structure, employment, agreements and contracts, and business succession.

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Applying the Rules of Evidence: What Every Attorney Needs to Know

A National Business Institute (NBI) seminar presented by David M. Burkoff on March 26, 2015, in Savannah, Georgia.

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Answers Over Easy: Legal Checklist for Success as you Grow Your Business.

On January 14, Dave Burkoff presented “Legal Checklist for Success as you Grow Your Business” at HunterMaclean’s Savannah office. This presentation was part of “Answers Over Easy,” a series of breakfast and learns in partnership with the Savannah Small Business Development Center (SBDC).

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Brunswick Chamber Lunch and Learn: Legal Checklist for Success as You Grow Your Business

A Lunch and Learn presented by David Burkoff and Sarah Lamar on October 16, 2014, at the Brunswick/Golden Isles Chamber of Commerce. The event was co-sponsored with the Chamber and the UGA Small Business Development Center.

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News

BiS: David Burkoff Honored as Savannah Tech "Community Star"

Savannah Tech honored HunterMaclean partner David Burkoff at its annual Tribute to Community STARS on Friday, April 7. The event, now in its eleventh year, honors individuals nominated for their service and dedication at work or in the community.

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Savannah CEO: HunterMaclean Supports West Broad Street YMCA

HunterMaclean has partnered with the West Broad Street YMCA to support their annual holiday and year-end event “Miracle on May Street.” HunterMaclean partner and West Broad Street YMCA Board Member Dave Burkoff is spearheading the effort.

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Fifteen HunterMaclean Attorneys Recognized as 2016 Super Lawyers and Rising Stars

Ten HunterMaclean attorneys were recently selected as 2016 Georgia Super Lawyers and five attorneys as 2016 Rising Stars. The prestigious Super Lawyers honor, awarded annually, represents the top five percent of attorneys in each state in the nation.

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Generation Next 2016: David Burkoff

Profile of HunterMaclean partner David M. Burkoff, a recipient of the 2016 Generation Next awards, as published in Business in Savannah.

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HunterMaclean Partner David M. Burkoff Recognized as a “Generation NEXT Rising Star of Business”

HunterMaclean partner David Burkoff was honored as a 2016 Generation NEXT Rising Star of Business. Generation NEXT honors leaders under the age of 40 who have made significant contributions to the Savannah area.

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Attorney David Burkoff Named Partner at HunterMaclean

David Burkoff was recently named a partner. His business litigation practice includes disputes related to banking, educational institutions, health care, employment, insurance, antitrust, nonprofit organizations, fiduciary relationships, and the hospitality and entertainment industries.

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Savannah CEO: Leadership Savannah Graduates 51 Participants

Leadership Savannah graduated 51 people at a ceremony on Thursday, June 25, at the Savannah Yacht Club. Graduates from the 2014-2015 class include HunterMaclean attorney David M. Burkoff.

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Thirteen HunterMaclean Attorneys Honored as 2015 Georgia Super Lawyers and Rising Stars

HunterMaclean attorneys were recently honored as 2015 Georgia Super Lawyers and Rising Stars. The prestigious Georgia Super Lawyer honor is awarded annually to the top five percent of attorneys in the state.

 

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Fifteen HunterMaclean Attorneys Honored as 2014 Georgia Super Lawyers and Rising Stars

Atlanta magazine just announced the top attorneys in the state of Georgia, and 15 attorneys at HunterMaclean were named either Georgia Super Lawyers or Rising Stars.

 

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Attorney David M. Burkoff Joins HunterMaclean’s Business Litigation Group

HunterMaclean is pleased to welcome attorney David M. Burkoff to the firm’s Business Litigation Group.

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Videos & Podcasts

Videos

Video: HunterMaclean and Junior Achievement: Educating Future Leaders

HunterMaclean partners with Junior Achievement of Savannah to expose K-12 students to business professionals and law careers, as well as educate them for the 21st century workplace. In this award-winning video, HunterMaclean attorneys teach in local classrooms, speak at Career Day, and bring students to the Firm on Job Shadow Day.

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Podcasts

Podcast: David Burkoff Presents Legal Checklist for Success as you Grow Your Business

Business litigation attorney Dave Burkoff presents “Legal Checklist for Success as you Grow Your Business.” The presentation was part of “Answers Over Easy,” a breakfast-and-learn seminar series in partnership with the Savannah Small Business Development Center (SBDC).

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