David J. Baldwin, Partner

David J. Baldwin is a partner at Berger Harris and represents corporate clients in business litigation matters. He has handled cases in all Delaware state and federal courts, as well as numerous courts in other states.

A significant focus of his practice involves representing policyholders seeking coverage for directors and officers, property damage, product liability, environmental, aircraft liability, cyber liability, and other insurance claims. He also has an active commercial litigation and bankruptcy litigation practice, and has frequently participated in mediation to successfully resolve his clients’ matters.

David is a Fellow of the American College of Coverage Counsel comprised of “preeminent coverage counsel in the United States and Canada.” He is recognized in Who’s Who Legal Insurance and Reinsurance, and in Best Lawyers in America in the areas of Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law and Commercial Litigation.

Prior to joining Berger Harris, David practiced litigation for corporate clients as a partner at Potter Anderson Corroon LLP.

Education

  • LL. M., Temple University School of Law, in Trial Advocacy
  • J.D., Georgetown University Law Center
  • B.A., University of Massachusetts, magna cum laude; Phi Beta Kappa

Admitted to Practice

  • Delaware
  • U.S. District Court for the District of Delaware
  • U.S. Court of Appeals for the Third and Fourth Circuits
  • United States Supreme Court

Membership

  • American Bar Association
  • Federal Bar Association
  • Delaware State Bar Association
  • American Bankruptcy Institute

Representative Matters:

  • Obtained ruling on issue of National First Impression in D&O Case where court agreed that appraisal action was covered
  • Baldwin named “legal lion” by Law360 for his role in an insurance coverage trial victory in Delaware Superior Court.
  • Acted as a Special Deputy Attorney General for the Idaho Department of Finance in its successful application to obtain the appointment of an Examiner in the DBSI bankruptcy. The Department of Finance is charged with enforcement of Idaho’s State Securities Laws.
  • Represented numerous companies and individual directors and officers in obtaining defense costs and indemnifications for claims under D&O policies.
  • Represented investors in numerous lawsuits in claims against them alleging that life insurance policies they had purchased were unlawful Stranger Originated Life Insurance (“STOLI”).
  • Represents Norfolk Southern Railway in numerous major bankruptcies around the country, including the General Motors and Chrysler bankruptcies, and those of Bethlehem Steel, National Steel, WP Steel, James River Coal, Patriot Coal, and WR Grace.
  • On behalf of Credit Suisse First Boston and Jefferies & Company, tried to a successful conclusion a valuation proceeding in the Bankruptcy Court concerning a New Orleans oil tank farm.
  • Represented a major pharmaceutical company in litigation to obtain insurance coverage for the defense of toxic tort claims filed against the company.
  • Assisted distributors of generic fen-phen components in obtaining insurance coverage for the products.
  • Served as trial counsel for Hoechst Celanese Corporation in a successful effort to obtain insurance coverage for product liability claims involving plastic plumbing systems.  The National Law Journal called the jury’s verdict in that case one of the “most significant verdicts of 1997.”