David E. Farber

Partner

Phone: (585) 200-3488

Dave is a former Assistant U.S. Attorney and New York Assistant Attorney General who thrives in high-stakes litigation.

Experienced in the private and public sectors, Dave has first-chaired successful cases at the investigatory, trial, and appellate phases. His cases have been featured in national media, including the Wall Street Journal,New York Times, Reuters, Bloomberg, New York Post, and The Hill.

Dave served twice in the U.S. Attorney’s Office for the Southern District of New York in Manhattan. First as a paralegal, Dave helped craft an approach to tackling the reckless mortgage lending that preceded the 2008 financial crisis. His efforts were so critical that he remained in the Office even as he started law school. The approach he helped craft netted billions of dollars.

Dave returned to S.D.N.Y. as an Assistant U.S. Attorney, handling matters with various federal agents and agencies, such as the Department of Justice (including DEA), the Department of Health and Human Services (including CMS and HHS-OIG), the Treasury Department (including IRS), the State Department of State, the Defense Department (including the Army and Air Force), the Department of Homeland Security, the Office of Personnel Management, and the Small Business Administration.

Before that, Dave served as an Assistant Attorney General in the New York Attorney General’s Office. Dave worked with New York’s Inspector General, Department of Taxation and Finance, Department of Health (including OPWDD), and Department of Labor, among others. As part of the Taxpayer Protection Bureau, Dave investigated fraud under the New York State False Claims Act and Executive Law § 63(12). He received the Louis J. Lefkowitz Memorial Award for outstanding performance.

  • Dave also worked in BigLaw and clerked on a federal trial court, both in New York City. After law school, Dave litigated as an associate at Quinn Emanuel Urquhart & Sullivan LLP. And he clerked on the U.S. District Court for the Southern District of New York.

    David is a tenacious but respectful litigator who zealously advocates for his clients while earning accolades and admiration from his colleagues and adversaries alike.

Government Service

Office of the U.S. Attorney for the Southern District of New York (Manhattan)

Assistant U.S. Attorney, 2021-2026

Paralegal, S.D.N.Y., 2010-2013

Office of the New York Attorney General, Taxpayer Protection Bureau

Assistant Attorney General, 2017-2021

Clerkship

Hon. Richard M. Berman, District Judge, U.S. District Court for the Southern District of New York

Law Clerk, 2017

Education

Fordham University School of Law, J.D., 2015

University of Pennsylvania, B.A., 2009

Admissions

New York State

District of Columbia

S.D.N.Y., W.D.N.Y.

U.S. Courts of Appeals for Second Circuit

Recognition

Louis J. Lefkowitz Memorial Award, New York Office of the Attorney General

Civic Service

Volunteer Small Claims Court Arbitrator, New York City

Professional Highlights

Litigating Administrative Procedure Act cases. Dave has extensive experience in APA litigation, handling fast-paced, high-profile cases including one challenging state-directed Medicaid payments and another challenging federal agency reorganizations.

Leading False Claims Act and fraud cases. Dave has led federal and state False Claims Act (FCA) and fraud investigations. As an Assistant Attorney General, he helped secure a record $330 million-dollar settlement with Sprint, led an investigation into bribery at JFK airport, recovered $4.25 million for sales-tax evasion, and enjoined PPE-fraud during the COVID-19 pandemic.

Investigating healthcare matters. As an Assistant U.S. Attorney, Dave examined complex healthcare billing matters. Dave led an FCA investigation into a day-habilitation provider’s violation of OPWDD requirements, culminating in a $5 million-dollar settlement. He likewise led an investigation into improper “incident to” billing by a dually-enrolled Medicare/Medicaid provider, securing settlements with the provider and its individual owners.

Navigating international sovereignty concerns. Working with the State Department, Dave filed statements of interest in the Southern District and amicus briefs in the Second Circuit to halt creditors’ turnover order for billions of dollars of sovereign assets.

Protecting civil rights. As highlighted on the front page of the New York Times, Dave led an effort to make the famous Katz’s Deli accessible. He also pursued pedestrian grid access for those with disabilities. And he obtained a compliance agreement to ensure a private school accommodated neurodiverse students.

Achieving justice through pro bono work. Dave has authored amicus briefs and litigated cases on behalf of pro bono clients in coordination with Lambda Legal. He also proudly serves as a volunteer arbitrator in New York City’s Small Claims Courts.