David E. Brodsky’s practice focuses on securities enforcement, white-collar criminal defense and internal investigations. 

He represents corporations and individuals in investigations involving alleged insider trading, accounting and securities fraud, foreign corrupt payments, bid rigging and obstruction of justice. David has appeared before various law enforcement authorities, including the Department of Justice, the Securities and Exchange Commission, the Commodity Futures Trading Commission, the Financial Industry Regulatory Authority, the New York Attorney General’s Office, the New York District Attorney’s Office, the Federal Reserve Board and the New York State Department of Financial Services.

Before entering private practice, David served in the U.S. Attorney’s Office for the Southern District of New York from 1984 to 1991 and was its Chief Appellate Attorney from 1990 to 1991. He handled more than a dozen jury trials and argued numerous appeals before the U.S. Court of Appeals for the Second Circuit.

David joined the firm in 1991, became partner in 1994, and became senior counsel in 2022.

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Selected Activities

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  • Member, New York Council of Defense Lawyers
  • Law Clerk to the Honorable W. Arthur Garrity, Jr., U.S. District Judge in Boston, Massachusetts

Publications

“DOJ Concedes Error in Title 18 Insider Trading Convictions After Supreme Court’s ‘Bridgegate’ Decision,” Cleary Enforcement Watch blog, April 13, 2021. Co-author.

“Second Circuit to Reconsider the Scope of Insider Trading Prosecutions Under Federal Fraud Statutes After Supreme Court’s Bridgegate Decision,’” Cleary Enforcement Watch blog, January 29, 2021. Co-author.

“Supreme Court Puts the Brakes on the “Bridgegate” Scandal and Affirms That Property Must Be the Object of Federal Fraud Schemes,” (co-author), Cleary Gottlieb Alert Memorandum, May 11, 2020; republished by Law360, May 12, 2020 

“Second Circuit: Criminal Fraud Statutes Do Not Require Prosecutors to Show that Tippers in Insider-Trading Cases Received a ‘Personal Benefit,’” Cleary Gottlieb Alert Memorandum, January 13, 2020. Co-author.

GIR “Securities & Related Investigations,” Global Investigations Review, September 18, 2019. Co-author of the introduction.

GIR “Securities and Related Investigations Know-How Guide,” Global Investigations Review, October 25, 2018. Co-editor of the guide and co-author of the USA chapter.

GIR “Securities and Related Investigations Know-How Guide,” Global Investigations Review, October 17, 2017. Co-editor of the guide and co-author of the USA chapter.

GIR “Securities and Related Investigations “Know- How” Guide”, Global Investigations Review, February 4, 2016. Co-editor of the guide and Co-author of the USA chapter

Events

  • Has spoken before the Practising Law Institute, the Securities Industry and Financial Markets Association, the Institute of International Bankers, the Federal Bar Council and the Association of the Bar of the City of New York
  • June 26, 2012: PLI’s Internal Investigations 2012
  • October 9, 2010: 2010 National Association of Former United States Attorneys Annual Conference
  • June 4, 2010: 13th Transnational Crime Conference
  • February 18, 2009: PLI’s Corporate Governance - A Master Class 2009