David Wolowitz
Director & Senior Litigator, Portsmouth Office
David is an experienced litigator who also advises businesses, institutions, and families on risk avoidance and crisis management. He has a diverse practice which includes business, employment, education and probate matters. David is recognized as a leading lawyer in matters involving mental health issues. He has an active trial practice in federal, superior and probate courts in New Hampshire and Massachusetts.
Department
Litigation
Areas of Practice
- Employment issues and litigation
- Commercial litigation
- Representation of schools and churches
- Probate court litigation
- Mental health law
Representative Clients & Work
Throughout his career, David has a record of successfully trying diverse matters in a variety of courts. These matters include commercial, employment and probate disputes. Some representative cases and clients include:
- Successfully obtained a verdict of $1.256 million dollar plus 5% interest in an estate dispute over the delayed sale of securities purchased on margin. In Re Estate of Bolduc, Rockingham County Probate Court; 2005
- Successfully obtained a verdict of $1.16 million plus $369,000 interest for one of the East Coast's largest tug and towing companies for damages resulting from a shipping accident in the Cape Cod Canal. Moran Towing Corp et. Al v. Girasol Maritime, SA et. Al, U.S. District Court, District of MA; 2002
- Prevailed on appeal in an employment dispute in which the New Hampshire Supreme Court permitted the use of "after-acquired" evidence of an employee's pre-termination misconduct to bar recovery for wrongful discharge in breach of contract cases. McDill v. Environamics Corp. 144 N.H. 635; 2000
Admissions
New Hampshire, Massachusetts, U.S. District Court for New Hampshire, U.S. District Court for Massachusetts, First Circuit Court of Appeals
Professional & Association Memberships
New Hampshire Bar Association; Fellow, New Hampshire Bar Association
Recognition
- Guest faculty, Harvard Law School, Trial Advocacy Workshop, since 1984.
- Woodward's Best Lawyers in America - Recognized in multiple categories from 1997 to the present.
- Chambers USA: America's Leading Business Lawyers - Recognized as one of New Hampshire's Leading Commercial Trial Lawyers from 2003 to the present.
- Martindale - Hubbell, AV rating
Community Involvement
- New Hampshire Public Defender Program, Board of Directors;
- Commissioner, New Hampshire Lawyers Assistance Program
Career
- New Hampshire Public Defender Program: Managing Attorney, Rockingham County, 1979- 1981
- New Hampshire Legal Assistance: Staff Attorney , Concord, NH 1975- 1976; Managing Attorney, Portsmouth, NH 1977 -1978
- J.D., University of Michigan, 1975
- M.A., Harvard University, 1971
- A.B., Washington University, 1968
Recent Publications and Lectures
- Minor Secrets, Major Headaches: Psychotherapeutic Confidentiality After Berg (published: NH Bar Journal, Spring 2007)
- A Review of the New Hampshire Supreme Court's Decision In the Matter of Eugene Berg and Kathleen Quigley Berg
- "Managing Legal and Ethical Risks: Minors and Parents", Hampstead Hospital, Bedford, N.H., 4/28/06
- "Legal Issues For Preparatory Schools", Association of Business Officers of Preparatory Schools (ABOPS), The Gunnery, Washington, CT., 4/6/06
- "E-Discovery For In-House Counsel", Manchester, N.H. 3/20/06
- "Legal and Ethical Issues For Mental Health Practitioners With Clients Involved In Domestic Relations Disputes", New England Pastoral Institute, Bedford, N.H. 2/24/06
- "Healthy Boundaries In Independent Schools", Hackley School, Tarrytown, N.Y. , 2/13/06
- "Legal Issues For Boarding School Administrators", Residential Life Workshop, The Association for Boarding Schools (TABS), Summer, 2004, 2005, Washington, D.C.
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