David Lee Tayman is an experienced business attorney who focuses on advising clients facing serious legal, operational, and financial challenges.  While he is an aggressive litigator and advocate where necessary, Mr. Tayman is equally comfortable as an advisor or negotiator.  He uses his multidisciplinary background and skill set to craft and execute effective solutions in line with the client’s underlying business goals.

In addition to his substantial background in complex bankruptcies, business restructuring, and commercial litigation, he has experience in matters involving complex transactions, business disputes and crises, allegations of government contract fraud or impropriety, and government contracts-related disputes and False Claims Act litigation.  He has worked with clients in a number of different industries, including financial services, real estate development, aviation, telecommunications, biotech, and energy, among others.

Mr. Tayman has

• Represented private equity funds and other financial sponsors in varied disputes and litigation arising from portfolio company crises and distress, including partnership and investor disputes, fraud and fraudulent transfer matters, breach of contract actions, and contested buyout proceedings;
• Represented the court-appointed liquidator of a British Virgin Islands international business company (IBC) in proceeds in the BVI and U.S. bankruptcy court to pursue fraudulent transfer and related claims against 44 named defendants associated with the alleged transfer of more than $90 million in assets located around the world;
• Enjoined the sale of, and later recovered through summary judgment proceedings, a mansion and walled compound, valued at more than $6 million and located in Madrid, Spain;
• Defended a $100 million government contractor client in a qui tam case alleging more than $40 million in False Claims Act claims.  Mr. Tayman settled the case for a small fraction of the asserted claims;
• Litigated to obtain insurance coverage for the operator of a helicopter involved in a fatal mishap while simultaneously defeating insurer counterclaims which, if successful, would have exposed the client to more than $10 million in additional liability.  After protracted litigation, Mr. Tayman was able to obtain reach a very favorable settlement for the client;
• Defended that same helicopter operator in a series of other matter stemming from the fatal mishap, including advising the client throughout an extremely contentious NTSB investigation, defending the client against a series of actions relating to the government contracts the client was operating under at the time of the crash, and representing the client in a series of wrongful death and tort actions relating to the accident.  Mr. Tayman was able to favorably resolve all claims against the client either through pretrial motions or through out of court settlements;
• Represented the commercial finance/lending arm of a Big Three Auto Manufacturer in a state court litigation relating to a series of loans and investments in a failed truck manufacturing venture.  Mr. Tayman’s work in this matter resulted in a recovery of more than $8 million for the client;
• Served as debtor’s counsel in the Chapter 11 bankruptcy case of a large road and public construction company with operations throughout the Mid-Atlantic region;
• Served as debtor’s counsel to an early stage semiconductor manufacturing venture which found itself in a significant dispute with its primary secured lender.  After litigating an adversary proceeding against the lender, Mr. Tayman was able to reach a favorable outcome for the client; and
• Represented government contractors and other parties in disputes with the U.S. government, including responding to government civil and criminal investigations, responding to cure and termination notices, counseling clients in alleged violations of the International Trade in Arms Regulations, and counseling clients in disputes relating to the National Industrial Security Program.

Reported Decisions

In re Baltrotsky, 2004 WL 2937537 (D. Md. 2004).

In re Dunn Industries, LLC, 320 B.R. 86 (Bankr. D. Md.  2005).

In re Gold & Appel Transfer S.A., 342 B.R. 386 (Bankr. D.C. 2006).

In re Gold & Appel Transfer S.A., 2006 WL 3000113 (Bankr. D.C. 2006).

Erbe Elektromedizin GMBH v. Canady, 545 F.Supp.2d 491 (W.D. Pa. 2008).

Olympus Corp. v. Canady, 962 A.2d 671 (Pa. Super. 2008).

Carson Helicopters, Inc. v. Houston Cas. Co., 2009 WL 1688472 (E.D.Pa. 2009).

U.S. ex rel. Foliard v. CDW Technology Services, Inc., 722 F.Supp.2d 20 (D.D.C. 2010).

In re Helicopter Crash Near Weaverville, Cal. 8/5/08, 714 F.Supp.2d 1098 (D.Or. 2010).

U.S. ex rel. Foliard v. CDW Technology Services, Inc., 722 F.Supp.2d 37 (D.D.C. 2010).

In re Helicopter Crash Near Weaverville, Cal. 8/5/08, 2010 WL 4812810 (D.Or. 2010).

In re Helicopter Crash Near Weaverville, Cal. 8/5/08, 2011 WL 2633047 (D.Or. 2011).

Publications

“Profiting from the Downturn:  Bankruptcy Asset Sales,” LJN’s Equipment Leasing Newsletter, January 2008.

“Licensor Bankruptcy and the Rejected Intellectual Property License,” Maryland State Bar Association Bar Bulletin, March 2008.

“Strategic Uses of a 2004 Exam,” The Bankruptcy Strategist, April 2008.

“Understanding and Avoiding Preference Liability,” The Corporate Counselor, October 2008.

“Economic Stimulus and the False Claims Act, Pitfalls Among the Green Shoots,”  The Corporate Counselor, December 2009.

“Philadelphia Newspapers:  Secured Lenders Do Not Have an Absolute Right to Credit Bid at Bankruptcy Plan Sales,” The Bankruptcy Strategist, June 2010.

Education

Mr. Tayman earned his J.D. from the University of Virginia School of Law (1999); an M.B.A. from the University of Virginia’s Darden Graduate School of Business Administration (1999) where he is also a member of the Alumni Association Board of Directors; and his B.A., Cum Laude, Phi Beta Kappa, from George Washington University (1993).