David E. Ross


David E. Ross is a Partner in MSF’s Commercial Litigation Group where he focuses on complex commercial litigation before state courts, federal courts and arbitration panels throughout the country. During his career, Mr. Ross has been involved in prosecuting and defending claims for breach of contract, theft of trade secrets, non-compete claims, commercial real estate disputes, patent law, domain name theft, securities fraud, employment law claims and many other causes of action on behalf of publicly traded REIT’s, health care companies, nutritional companies, book publishers, a popular internet travel services company, a worldwide manufacturer of commercial/consumer appliances, a Member of the Forbes 400 and closely-held real estate corporations. In addition to trials, Mr. Ross has extensive experience in arbitration hearings, injunctions, and other pre-judgment remedy evidentiary hearings.


Suffolk University School of Law. J.D.

Binghamton University. B.A. (Philosophy & Political Science)


State of New York

Southern District of New York

Eastern District of New York

Prior Experience

Before joining MSF in 2010, Mr. Ross was Counsel of the law firm of Robinson & Cole, LLP, and an Associate of the law firm Brown Raysman Millstein Felder & Steiner LLP.

Representative Matters

Obtaining a $100,000,000 verdict (the full amount sought) in an eminent domain case on behalf of a publicly traded REIT in the matter of Gyrodyne Company of America, Inc. v. The State of New York. This verdict was later unanimously affirmed on appeal and with accrued interest, resulted in a final judgment of approximately $170,000,000. This award also directly led to an increase in the company’s stock (GYRO) by more than 300%.

Obtaining summary judgment on behalf of a real estate private equity bank in the amount of approximately $6,000,000 against one of the largest “clothing labels” in the world.

In a case of first impression, obtaining full indemnification on behalf of a Chief Operating Officer of a Delaware Limited Liability Company (the “LLC”) for offensive claims said officer brought against the LLC after he was forced to resign with good reason. This included a unanimous appellate victory that later led to a multi-million-dollar settlement.

Million-dollar arbitration awards and settlements on behalf of a major health care company and book publisher.

Securing complete dismissal of trade secret, copyright, and civil RICO claims in California Federal District Court on behalf of a publicly traded nutritional company.

Obtaining summary judgment in the amount of approximately $5,500,000 on behalf of a warehouse lender that obtained commercial paper via a complex — and questioned — securitization process in the Eastern District of Pennsylvania.

Settling a product liability matter in New York Federal Court for “nuisance value” after making a motion for summary judgment under the Daubert standard.

Pro Bono representation of injured war veterans that have been denied post-service benefits by the Federal Government.


Rising Star, Business Litigation, New York Metropolitan Area, Super Lawyers, 2014 – 2015


Active Member, Pro Bono Veterans Consortium

Lectured CLE courses in the areas of the Federal Rules of Civil Procedure and Eminent Domain