David Fialkow serves as a practice group coordinator for the firm’s Financial Institutions and Services Litigation group. He regularly represents an array of financial institutions and service providers in disputes involving commercial and consumer finance products.
On the consumer side, David represents national banks, mortgage servicers, student lenders, and other consumer financial services providers in litigation, class actions, arbitrations, administrative proceedings, appeals, and other disputes involving state and federal laws related to mortgage origination, loan servicing, auto loans, student loans, debt collection, credit reporting, unfair and deceptive trade practices, as well as a host of other consumer finance laws. He also advises these businesses in regulatory compliance matters.
On the commercial side, David represents lenders, servicers, and special servicers in lender/servicer liability actions in state and federal courts. In collaboration with our restructuring and insolvency group, David advises clients on issues arising out of loan transactions, cash management, risk mitigation, default, and other disputes.
Beyond financial services, David represents corporate and individual clients in commercial and personal disputes involving contracts, competition, intellectual property, antitrust, fiduciary duties, employment, and other matters.
Prior to joining K&L Gates, David was a partner at a national law firm.
- ABA (American Bar Association)
- DRI (Defense Research Institute)
- IADC Trial Academy Alumni (International Association of Defense Counsel Trial Academy)
- “The Growing Trend of Revenue-Based Financing and Its Legal Implications,” The Banking Law Journal, February 2023
- “Third Time Is the Charm: Eleventh Circuit Allows Creditor’s Use of Commercial Mail Vendor,” The Banking Law Journal, January 2023
- ABA Business Law Section’s Review of Developments in Business and Corporate Litigation (Chapters on Class Actions, 2010-2014)
- “The Trend Toward Using The Risk-Utility Test,” Law360, 2010
- “The Media's First Amendment Rights and The Rape Victim's Right to Privacy: Where Does One Right End and The Other Begin?," 39 Suffolk U. L. Rev. 745, 2006