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David Jay is Co-Managing Shareholder of the New Jersey office and an experienced litigator who handles a wide variety of complex, multi-party commercial cases from inception through settlement, trial and appeal. He has defended consumer fraud, health care, TCPA, data breach, and computer class action claims involving hundreds of millions of dollars and is a founding member of the Class Action Committee of the New Jersey State Bar Association. He has represented major health plans, computer, pharmaceutical, consumer product, chemical and communications companies in a variety of disputes.

Concentrations

  • Class action litigation
  • Complex commercial litigation
  • Hatch-Waxman litigation
  • Health care litigation
  • TCPA litigation
  • Pharmaceutical licensing disputes
  • Contract disputes
  • Insurance coverage litigation
  • Environmental litigation
  • Technology litigation

The attorney is providing legal services through and affiliated with Greenberg Traurig, LLP, a New York Limited Liability Partnership. Prior results do not guarantee a similar outcome.

Capabilities

Experience

  • Won motion to compel arbitration on behalf of a major technology company in a putative class action in which plaintiffs alleged that our client sold phones with cameras that had glass prone to shattering. 
  • Secured dismissal of Class Action Complaint alleging FCRA violations on behalf of a leading health insurance provider in case involving stolen laptops.
  • Representation of Samsung Electronics America in a consolidated putative class action in the District of New Jersey involving smartphone devices. Succeeded on motion to compel arbitration, as the Court ruled that the arbitration provision in the End User License Agreement (EULA) is valid and enforceable, and dismissed the case.

Recognition & Leadership

  • Listed, The Best Lawyers in America, Commercial Litigation, 2021-2025
  • Team Member, Benchmark Litigation’s “New Jersey Law Firm of the Year,” Shortlisted, 2022, 2024
  • Listed, Chambers USA Guide, Litigation: General Commercial, 2021-2024
  • Listed, Super Lawyers magazine, New Jersey Super Lawyers, 2006-2007 and 2009-2024
  • Member, Winning Team, New Jersey Law Journal’s "General Litigation Department of the Year," 2024
  • Team Member, The American Lawyer, “New Jersey Litigation Department of the Year,” 2022
  • Team Member, a Law360 “Product Liability Practice Group of the Year,” 2021-2022
  • Team Member, The American Lawyer’s “Regional Litigation Department of the Year – New Jersey,” Finalist, 2019
  • Member, Winning Team, New Jersey Law Journal's "Class Action Litigation Department of the Year," 2016
  • Member, Winning Team, New Jersey Law Journal’s "General Litigation Department of the Year," 2013
  • Team Member, Lexology’s Client Choice Award USA & Canada, United States: New Jersey, 2013
  • Listed, New Jersey Law Journal, "40 Under 40," 2008

A description of the selection methodology for the above awards can be found here. No aspect of this advertisement has been approved by the Supreme Court of New Jersey.

  • Member, New Jersey State Bar Association
    • Class Action Committee
      • Co-Chair, 2022-2023
      • Founding Member
    • Co-Chair, Work-Life Balance Task Force
  • Member, Association of the Federal Bar of New Jersey 
  • Former Co-Director of Membership, New Jersey Women Lawyers Association
  • Member, American Bar Association
  • Board of Directors, Marlboro Soccer Association

Credentials

Education
  • J.D., cum laude, New York University School of Law, 1995
  • B.B.A., summa cum laude, University of Massachusetts, 1992
Admissions
  • New Jersey
  • New York
  • Supreme Court of New Jersey
  • U.S. Court of Appeals for the Third Circuit
  • U.S. District Court for the District of New Jersey
  • U.S. District Court for the Southern District of New York

Related Capabilities

Litigation Class Action Litigation Pharmaceutical, Medical Device & Health Care Pharmaceutical, Medical Device & Health Care Litigation Complex Torts