Smith, Bruce A.

David A. Slossberg represents clients in unfair trade practices, Uniform Commercial Code, antitrust, commercial contract disputes, land use and reinsurance matters in the state and federal courts. He represents clients seeking to recover losses arising from fraud and embezzlement, and pursues class action litigation on behalf of consumers and small businesses victimized by unlawful business practices, misleading advertising, and defective products. He has tried jury cases to verdict in class action, fraud, negligence, and legal and medical malpractice actions. Mr. Slossberg appears before the courts and the Commission on Human Rights & Opportunities on behalf of the firm's employment clients, litigating sexual harassment, racial, gender, age, disability and military (USERRA) discrimination claims. He advises business clients on employee policy and compliance issues in the workplace. He represents business executives and employers in litigation involving wrongful termination, non-compete, trade secrets, whistleblower, and severance issues.

Mr. Slossberg is AV Peer Review Rated, Martindale-Hubbell's highest peer recognition for ethical standards and legal ability and designated as a “Top Lawyer” in labor and employment. Mr. Slossberg was selected to the annual Connecticut Super Lawyers list in the area of Business Litigation published in Connecticut Magazine (since 2007) and Connecticut Super Lawyers Magazine and the New England Super Lawyers Magazine (since 2007), in the area of Business Litigation. Mr. Slossberg is rated 10.0 Superb on the AVVO lawyer rating website. He is included in Benchmark: Litigation as a “local litigation star” in the State of Connecticut.

Mr. Slossberg is a 1985 graduate of Columbia University and received his law degree in 1988 from the New York University School of Law. Mr. Slossberg is admitted to the bars of the States of Connecticut (1996), New York (1989) and Massachusetts (1989) and the bars of the United States District Court for the District of Connecticut (1993), the Southern District of New York (1989), the Eastern District of New York (2007), the Northern District of New York (2006), the United States Court of Appeals for the Second Circuit (1996) and the United States Supreme Court (2007).

Mr. Slossberg serves as Chairman of the Connecticut Committee of the Federal Bar Council, as Treasurer of the Board of Directors of the Federal Bar Foundation, and as a member of the Federal Court's Public Outreach Committee. Mr. Slossberg served on the Connecticut Class Action Rules Committee, and co-authored "Class Actions In Connecticut Are Alive And Well," published in the Fall 2007 CTLA Forum (Vol. 25/No. 2). He has been appointed as a special master by the United States District Court for the District of Connecticut. Mr. Slossberg was recently appointed (December, 2012) to the Connecticut Statewide Grievance Committee by the Executive Committee of Judges of the Superior Court.

In 2012 Mr. Slossberg served as Chairman of Milford Progress, Inc., and has served on the Board of Directors of the Milford Chamber of Commerce, of which he was its Chairman in 2010. He has twice been named Director of the Year of the Milford Chamber and was named Chairman Emeritus in 2010. Mr. Slossberg is a past President of the Devon Rotary Club, serves on the Board of the Devon Rotary Foundation, is a Paul Harris Fellow of Rotary, and is a member of the Connecticut Regional Board and the Civil Rights Committee of the Anti-Defamation League

Email Me

Significant Representations:

Fraud, negligence and other business torts

• Represent stone supplier in claim for trade dress violations against former employee and competitor; Fairfield Stone and Landscape Supply LLC v. R. Stone LLC, et al., 3:12 CV 00857 (D.Conn.) (CSH)(JGH).
• Successfully defended local insurance agency against multi-million dollar claimed theft of proprietary computer technology; Member Services, Inc., et al. v. Security Mutual Life Insurance Company of New York, et al., 3:06 CV 1164 (N.D.N.Y.) (TJM)(DEP). See, e.g., decision granting summary judgment dated September 30, 2010.
• Represented collector of rare antique cars for damages to their value caused by improper seizure and loss of automobiles and their pedigree papers and parts. See The Patterson Collection, L.P. v. Sullivan, 2010 WL 1677760 (D.Conn. April 21, 2010).
• Represented general partner of hedge fund against claims of fraud and mismanagement of fund assets.
  
• Represented environmental firm to recover theft of corporate opportunities by corporate officer who fraudulently concealed his scheme from the company.
• Connecticut counsel for plaintiffs in securities fraud class action against business machine corporation. See Carlson v. Xerox Corp, 596 F.Supp.3d 400 (D.Conn.), aff’d, 2009 WL 4640661 (2d Cir. 2009).
  
• Represented defendant limited liability company and its alleged sole member in actions in which California corporate creditor brought action alleging violation of CUTPA arising out of alleged “bust out scheme” to place debtor’s assets out of creditor’s reach. See Master-Halco, Inc. v. D’Angelo,, 351 B.R. 287 (D.Conn. 2006).
  
• Co-counsel in pursuing recovery of more than $15 million embezzled by bookkeeper for major development company.
• As trial counsel, obtained jury verdict for fraud and misrepresentation in real estate transaction and successfully defended judgment on appeal. Wallenta v. Moscowitz, 81 Conn.App. 213, cert. denied, 268 Conn. 909 (2004).
• Represented lighting business seeking to recover monies embezzled by bookkeeper. Shemitz Lighting, Inc. v. Hartford Fire Ins. Co., 28 Conn. L. Rptr. 533, 2000 WL 1781840, (Conn. Super. Ct. May 9, 2000).
  
• Connecticut counsel for plaintiffs in securities fraud federal class action on behalf of purchasers of common stock in secondary public offering against genomic sequencing company and its officers and directors. See In re PE Corporation Securities Litigation, 221 F.R.D. 20 (D.Conn. 2003).
  
• Represented defendant in federal court action brought by Resolution Trust Corporation as receiver for a savings and loan association against associate’s former directors alleging negligence, gross negligence and breach of fiduciary duty. See Resolution Trust Corp. v. Camhi, 864 F.Supp. 1121 (D.Conn. 1994).

Unfair and deceptive trade practices (CUTPA)

• Represented plaintiff business consulting company in federal court action against defendant company that allegedly entered into an agreement for plaintiff to develop a credit card processing program. See 456 Corp. v. United Natural Foods, Inc., 2011 WL 87292 (D.Conn. Jan. 11, 2011).
• Represented engineering firm specializing in use of powder coating technology in federal action against non-profit industry organization alleging breach of contract, misrepresentation and violation of CUTPA by directly competing with member of organization. See Powder Coating Consultants v. The Powder Coating Institute, 2010 WL 582613 (D.Conn. Feb. 16, 2010).
  
• Represented class of some 500 Connecticut auto body shops against major insurance company based on violation of Connecticut Unfair Trade Practices Act. See Artie’s Auto Body, Inc. v. Hartford Fire Ins. Co., 287 Conn. 208, 947 A.2d 320 (2008)(affirming decision certifying class); 50 Conn. L. Rptr. 790, 2010 WL 4354114 (Conn. Super. Ct. Oct. 14, 2010)(denying motion to set aside jury verdict of $14.765 million).
  
• Lead Counsel for class of independent auto body repairers in federal class action against national casualty insurer alleging steering repair work to favored auto body shops and suppressing labor rates in auto body industry. See A&R Body Specialty v. Progressive Casualty Co., 2008 WL 2229888 (D.Conn. May 28, 2008).
  
• Represented defendant limited liability company and its sole owner in action by creditor alleging, among other things, a violation of CUTPA arising out of an alleged “bust out scheme” to place debtor’s assets out of creditor’s reach. See Master Halco, Inc. v. D’Angelo, 351 B.R. 207 (D.Conn. 2006).
  
• Represented parents who purchased children’s bedroom furniture alleged to contain formaldehyde for deceptive marketing in violation of CUTPA and the Connecticut Products Liabilities Act. See Stefan v. P.J. Kids, LLC, 2005 WL 834208 (Conn. Super. Ct. Mar. 1, 2005).

Breach of contract

• Connecticut counsel for property management corporation in successful defense of federal court action in which a commercial resort in Aruba sought to enjoin client property management corporation from enforcing a transfer of money to the resort as loans in the Aruban court. See Aruba Hotel Enterprises N.V. v. Belfonti, et al., 611 F.Supp.2d 203 (D. Conn. 2009).
• Represented copper distributors in successful action to collect millions of dollars in unpaid invoices for goods sold and delivered.
  
• Represented cable tray manufacturer to collect monies for unpaid goods provided for construction project.
• Represented software company in breach of bundling agreement for use of software in ATM application.
• Represented university student in federal action obtaining an injunction to preclude the NCAA and the university from preventing him from participating in university’s basketball program and denying him proffered grant-in-aid. See Phillip v. National Collegiate Athletic Association, 960 F.Supp. 552 (D.Conn. 1997).
• Represented sailboard wholesaler in federal action against retailer for breach of contract and unjust enrichment, obtaining judgment for $344,810.90 plus prejudgment interest at statutory rate of ten percent per year. See Bic Sport USA, Inc. v. Kerbel, 995 F.Supp. 244 (D.Conn. 1997).
• Represents former President and CEO of dermatologic cosmetic company for breach of his employment agreement.
• Represented guarantor on $345 million loan obligation against lending institution efforts to enforce personal guarantee; WIBC Aruba N.V. v. Belfonti, 11 Civ. 5423 (S.D.N.Y. 2011).
• Represented Danish wine distributor in action for breach of supply contract.
• Represented Swiss vodka producer in action for breach of distribution contract; By Necker Trading, S.A.R.L. v. Mystique Brands, LLC, 1:07 CV 04650 (F.D.N.Y.) (NG).

Commercial foreclosures and lender liability

• Represented national lender in enforcement of loan documents and personal guarantees in $180 million foreclosure of primary and mezzanine lending for construction of luxury condominiums in Stamford, Connecticut.
• Represented national lender in foreclosure on commercial loan involving hotel in Meriden, Connecticut.
• Represented property management company in obtaining status quo injunction to prevent removal as property manager of foreclosed premises.
• Represented local developer in successful action against national lender resulting in Judgment of $465,000 for misrepresentation by the lender that it would extend and amend terms of existing construction financing, only to break that promise after the owner had invested another $500,000 in the property in reliance on these misrepresentations.
• Represented individual concerning claim against him for $345 million arising from personal guarantee of loan obligations involving the Westin Aruba Hotel; WIBC Aruba N.V. v. Belfonti, 11 Civ. 5423 (S.D.N.Y. 2011).
• Represented property owner in lender liability action involving misleading and inequitable conduct by special servicer of commercial loan.
• Represented non-profit business misled into entering into SWAP Agreement without proper authority or explanation of its punitive terms.
• Represented founder of Starter Corporation in lender liability action against Bank of Boston for breach of lender agreement and misrepresentation.

Reinsurance

• Connecticut counsel for insurer in federal action against reinsurer seeking to recovery reinsurance benefits purportedly owed under a liabilities reinsurance agreement and arising from insurer’s settlement of a claim against insured. See Arrowood Surplus Lines Ins. Co. v. Westport Ins. Co., 395 Fed. Appx. 778, 2010 WL 3933561 (2d Cir. Oct. 8, 2010).
• Connecticut counsel for third party defendant in litigation involving reinsurance obligations. See Security Ins. Co. of Hartford v. Trustmark Ins. Co., 282 F.Supp.3d 612 (D.Conn. 2003).
  
• Lead trial counsel for TIG Insurance Company in defense of Unicover fraud claims brought by Trustmark Insurance.
• Represented Fremont Indemnity Company in successful defense of allocations claims. See Hartford Accident and Indemnity, et. al. v. Ace American, et. al., 2003 WL 22245421(Conn. Super. Sept. 23, 2003)(granting motion to dismiss).
• Represented Gerling Global in case involving dispute as to obligation to follow the fortunes concerning underlying asbestos settlement and allocation.
• Counsel for Odyssey Re in efforts to collect monies owed by reinsurer notwithstanding defense that contract language did not trigger said payments.

Employment Disputes and Discrimination

• Represented Marine reservist in action against employer alleging wrongful termination on the basis of his military service, in violation of the Uniformed Services Employment and Reemployment Rights Act (“USERRA”), 38 U.S.C. §§ 4301 et seq., and state law; Laaser v. Chevrolet of Milford, Inc., 3:12 CV 00664 (D. Conn. 2012) (VLB).
• Represented former pharmaceutical sales representatives of prescription drug manufacturers in federal court class actions alleging a violation of the right to overtime pay under the provisions of the Fair Labor Standards Act. See, e.g., Ruggeri v. Boehringer Ingelheim Pharmaceuticals, Inc., 585 F.Supp.2d 308 (D.Conn. 2008); overruled by, Christopher v. SmithKline Beecham Corp., 132 S. Ct 2156 (2012) (in 5 to 4 decision).
  
• Represented former plant manager of nursing home in wrongful termination resulting from the employee’s complaints to authorities about unsafe conditions at the nursing home.
  
• Represented teacher in successful case to have her reinstated to her position after having been wrongfully terminated on the basis of her sexual orientation.
  
• Represent maintenance director of nursing home in claim for age discrimination; Montagna v. Atria Senior Living Group, Inc., et al., 3:11 CV 1631 (SRU).
• Represented car salesman who was improperly touched and sexually harassed by manager.
  
• Represent President and CEO of dermatological company for wrongful termination under his employment agreement where company attempted to concoct reasons for termination “for cause” that were false and pretextual.
  
• Represented plaintiff, former legal secretary to Town Attorney, in federal action alleging sexual harassment against First Selectman in violation of Title VII of the Civil Rights Act of 1964 and state common law. See Meyers v. Arcudi, 947 F.Supp. 581 (D.Conn. 1996).

Class actions

• Represented class of auto body repair shops in action alleging steering of insureds by insurer to repair facilities preferred by insurer. See Artie’s Auto Body Shop v. Hartford Fire Ins. Co., 287 Conn. 208, 947 A.2d 370 (2008)(affirming certification of class and Artie’s Auto Body Shop v. Hartford Fire Ins. Co., 50 Conn. L.Rptr. 790, 2010 WL 4354114 (Conn. Super. Ct. Oct. 14, 2010)(denying motion to set aside $14.765 million jury verdict).
• Lead counsel for class of independent auto body repairers in federal class action against national casualty insurer alleging steering repair work to favored auto body shops and suppression of labor rates in auto body industry. See A&R Body Specialty v. Progressive Casualty Co., 2008 WL 2229888 (D.Conn. May 25, 2008).
• Liaison counsel for plaintiffs in federal consumer class action against Trilegiant Corporation, several prominent internet retailers, and several banks for conspiring to make unauthorized charges to consumers’ credit cards in violation of the Racketeer Influenced and Corrupt Organizations Act, the Electronic Communications Privacy Act, the Connecticut Unfair Trade Practices Act, and federal wire fraud statutes; In re Trilegiant, 3:12 CV 00396 (VLB).
• Represented plaintiffs in class action on behalf of purchasers of children’s bedroom furniture alleged to contain formaldehyde. See Stefan v. P.J. Kids, LLC, 2005 WL 834208 (Conn. Super. Ct. Mar. 1, 2005).
• Connecticut counsel for plaintiffs in securities fraud federal class action on behalf of purchasers of common stock in secondary public offering against genomic sequency company and its officers and directors. See In re PE Corporation Securities Litigation, 221 F.R.D. 20 (D.Conn. 2003).
• Co-counsel representing plaintiffs in consumer class action against Ford Motor Company and Firestone for defective tires and defective design of the Ford Explorer that lead to multiple rollovers.
• Local counsel in multiple wage and hour cases against pharmaceutical companies concerning whether sales representatives are non-exempt employees under overtime laws.
• Local counsel in securities fraud class actions concerning misrepresentation or material omissions in reporting information about the financial circumstances of corporations.

Breach of noncompetiton agreements

• Represented WTNH, the ABC television affiliate in New Haven in successful action to enforce non-compete of leading news anchor, Al Terzi, in connection with his move to the competing CBS affiliate in Connecticut.
• Counsel for Connecticut company in drafting noncompetition agreements for key employees.

Breakups of professional practices and closely held companies

• Represented partner in failed real estate development venture.
• Represented father in dispute with son concerning family car wash businesses.

Personal Injury/Legal and Medical Malpractice

• Represented plaintiff in medical malpractice action settled successfully for the policy limits before trial alleging that defendant’s negligence caused plaintiff to suffer end stage renal failure requiring a kidney transplant. See Constantino v. Skolnick, 2008 WL 283256 (Conn. Super. Ct. Jan. 16, 2008).
• Represented plaintiff in medical malpractice action against physician, hospital and university, obtaining $1.2 million jury verdict and offer of judgment interest in the additional amount of $451,713.00. See Ranelli v. Yale-New Haven Hospital, 2005 WL 2082820 (Conn. Super. Ct. Aug. 3, 2005); 39 Conn. L.Rptr. 738, 2005 WL 2082817 (Conn. Super. Ct. Aug. 3, 2005).
• Represented plaintiff injured in collision between automobile and truck obtaining a jury verdict in the amount of $820,000. See Blum v. Cruz, 2003 WL 1477988 (Conn . Super. Ct. Mar. 10, 2003)(denying defendants’ motions to set aside verdict and for remittitur).
• Obtained $660,000 verdict for client by reason of plastic surgeon’s failure to timely diagnose Methicillin-Resistant Staphylococcus Aureus (“MRSA”) following breast reduction surgery.
• Settled claim during jury selection involving development of Asherman’s Syndrome resulting from negligence in the delivery of child.
• Obtained $680,000 verdict for plaintiff arising from injuries resulting from defendant’s having run a red light and hitting the plaintiff who was riding a moped. See Viscount vs. Heinmiller, 1999 WL 33472009 (Conn. Super. Ct. Dec. 1, 1999).
• Successfully settled wrongful death case resulting from rear end collision where use of black box information on General Motors automobile was critical to the final outcome.
• Obtained $923,000 verdict in legal malpractice for failure to properly advise client that the development she sought to purchase was not permitted under local land use regulations; Constante, et al. v. Shafran, FBT-CV-09-5026446S (jury verdict obtained July, 2011).

Municipal Representation

• Represent City of Milford before Department of Energy and Environmental Protection (DEEP) in reversing decision to approve a high volume recycling facility adjacent to a residential neighborhood.
• Successfully represented Town Of Fairfield in multi-day hearing seeking to lift a stay pending appeal of earlier ruling ordering removal of public official under doctrine of Quo Warranto.
• Defended City Of Milford from claims of housing discrimination, which resulted in the Justice Department withdrawing the case against the City. U.S. v. Housing Authority Of Town of Milford, 3:97 CV 785 (D. Conn.) (AHN)

Appeals

• Appellate counsel for Fairfield Conservation Commission in action regarding quo warranto challenging appointment of conservation officer to oversee development of Fairfield train station project. See Bateson v. Weddle, 2010 WL 3038562 (Conn. Super. Ct. July 6, 2010).
• Successful representation of plaintiff class in landmark decision certifying class of auto repair shops in action against property damage insurer. See Artie’s Auto Body Shop v. Hartford Fire Ins. Co., 287 Conn. 208, 947 A.2d 370 (2008).
• Successfully defended judgment in favor of house purchaser against vendor for rescission and restitution based on fraud and negligent misrepresentation. See Wallenta v. Moscowitz, 81 Conn. App. 219, 839 A.3d 64 (2004). 
• Argued in the Connecticut Supreme Court regarding class certification in Ford rollover cases. Case was settled before decision rendered.
• Worked on Second Circuit Court of Appeals action to affirm decision of the trial court to enter a status quo injunction to permit student athlete to remain in school despite decertification of his eligibility by the NCAA Clearinghouse. See Phillip v. National Collegiate Athletic Association, 960 F.Supp. 552 (D.Conn. 1997).