Emerson, Benjamin W.

David Olsky is a counsel in the firm's Securities Department, and a member of the Securities Litigation and Enforcement and Antitrust and Competition Practice Groups. He joined the firm in 2002.

Practice

Mr. Olsky represents financial institutions and public companies in a broad range of enforcement and litigation matters. He has represented clients before the US Securities and Exchange Commission, the Department of Justice, the US Congress, self-regulatory organizations, state attorneys general, and numerous trial and appellate courts. Mr. Olsky also has substantial experience representing companies in antitrust criminal investigations and follow-on civil litigation and arbitration.

Recent Highlights

• Representing a financial institution in parallel investigations by multiple federal and state agencies (including the Department of Justice, IRS, SEC and Office of the Comptroller of the Currency) concerning its sales of derivatives to municipalities and non-profits
• Representing a financial institution in Department of Justice and SEC investigations of its public finance business
• Representing several financial institutions in connection with congressional investigations into the 2008 financial crisis
• Representing a national bank in proceedings relating to the custodial services it provided to an alleged Ponzi scheme, including suits filed by investors and by the court-appointed receiver
• Representing a public company and its chairman in shareholder suits filed after the company announced possible liquidity issues
• Representing a Norwegian parcel tanker owner in criminal proceedings, civil litigation and arbitrations concerning alleged violations of Section 1 of the Sherman Act, and in obtaining the reversal of an arbitration panel’s decision to permit class arbitration

Mr. Olsky has an extensive pro bono practice. He has filed several amicus briefs in state and federal appellate courts on behalf of organizations dedicated to advocacy for individuals with disabilities, and represented a DC neighborhood association in an administrative trial. Mr. Olsky also argued in the Virginia Supreme Court on behalf of a pro bono client seeking documents under the Virginia Freedom of Information Act. 

Professional Activities

Mr. Olsky is a member of the New York Bar Association and the Antitrust Section of the American Bar Association. He has written several articles on antitrust topics, and was a contributor to the sixth edition of ABA's Antitrust Law Developments.