Profile: David B Tulchin

Commercial Litigation

Biography: Commercial Litigation

David B Tulchin has an active litigation practice, specialising in antitrust, contract, patent and securities matters.

Mr Tulchin has handled high-stakes business litigation for a varied roster of clients. His recent clients include American Express Company, AmSouth Bancorporation, Eisai Co, IntercontinentalExchange Inc, CA Inc, Merrill Lynch & Co, Microsoft Corporation, Novo Nordisk A/S, and Sandler O'Neill & Partners LP.

Mr Tulchin is well known for serving as Microsoft's lead national counsel in that company's defence of private antitrust damages actions around the country brought by both consumers and competitors. He has been lead trial lawyer for Microsoft in two lengthy trials, won dismissals with prejudice for that company in more than 20 major antitrust actions, and has obtained victories in all seven appeals he has argued for Microsoft in United States courts of appeals. Mr Tulchin has also argued and won appeals for Microsoft in the supreme courts of five states. In addition, he argued and won an appeal for AmSouth Bancorporation that resulted in the landmark decision by the Delaware Supreme Court in Stone v Ritter, 911 A 2d 362 (Del 2006).

Mr Tulchin is a Fellow of the American College of Trial Lawyers. He has acted as lead trial lawyer in federal and state courts and in AAA, NYSE, ICC and NASD arbitrations.

Mr Tulchin joined Sullivan & Cromwell LLP in 1975 after graduating from Harvard Law School (JD, 1973) and the University of Rochester (BA, 1970) and after serving for two years as a law clerk to a federal district judge. He became a partner of the firm in 1982.