David Munkittrick is a litigator and trial attorney in Proskauer’s Antitrust, Copyright and Privacy Groups. He litigates cases throughout the country, on a wide variety of matters, and at all stages of litigation, from complaint through appeal.
David advises clients regarding antitrust issues in a wide variety of industries, including pharmaceuticals, finance, automotive and health care. He handles a wide range of antitrust matters, including class actions, competitor suits and price discrimination claims. He was a member of the Proskauer team that secured a complete defense verdict in a widely reported price discrimination jury trial. In addition, as part of a multi-district price fixing case, he helped challenge, negotiate and significantly narrow, on behalf of a third party, a subpoena that the court called one of the most expansive ever served.
Representative antitrust matters include:
With his background in music, David assists clients, including major record labels, music publishing companies, recording artists and other media and entertainment companies, in navigating complex copyright issues, and has helped obtain dismissal of copyright infringement claims for clients in the music and publishing industries. He also has represented artists in matters involving privacy rights and related issues.
Representative entertainment/copyright matters include:
Privacy and Other Commercial Litigation
David has been at the forefront of litigating standing issues following the Supreme Court’s Spokeo decision, particularly in FACTA litigation.
He has also authored and co-authored chapters in the “Proskauer on Privacy” treatise discussing location privacy and data breach litigation.
Representative matters include:
David maintains an active pro bono practice and has been repeatedly recognized as Empire State Counsel by the New York State Bar Association for his pro bono service. He also is a recipient of Proskauer’s Golden Gavel Award for excellence in pro bono work.
Prior to joining Proskauer, David was a constitutional law fellow at the Institute for Justice, working on high-profile First Amendment and property rights cases.
While in law school, he served as an intern judicial clerk to the Honorable Jane E. Magnus-Stinson at the United States District Court for the Southern District of Indiana. He also was a finalist in the Sherman Minton Moot Court competition, in which he was the recipient of the Best Brief Award.