David M. Schraver

My focus

Complex business disputes

I have represented large corporations in contract disputes ranging from antitrust claims to failed technology products and information technology outsourcing contracts to securities fraud. More recently, I have successfully represented the parent of a public utility in challenging New York State’s decertification and denial of millions of dollars in Empire Development Zone tax credits.

Indian law

I am one of the founders of the firm’s Indian Law & Gaming practice and represent local governments in disputes with Indian tribes over land claims, jurisdiction and sovereignty issues, and taxation. One of my most significant matters involves representing Madison and Oneida counties in a lengthy dispute involving taxation of tribally owned properties that are held in fee and were recently purchased from non-Indian landowners. The litigation reached the Supreme Court of the United States in 2005, again in 2010, and is now the subject of petition pending in the high court.

Ethics and professional liability

I have been involved in issues of professional ethics and liability for many years and have served on the New York State Bar Association Committee on Professional Ethics and Committee on Standards of Attorney Conduct. My bar involvement has enabled me to forge strong professional relationships with judges and lawyers and keeps me on top of trends in legal ethics and my practice.

One of most fulfilling assignments is my role as President of the NYSBA. I enjoy working with the diverse group of members – I’m learning a lot about what is going on in the profession and about the challenges younger lawyers are facing as they begin their careers. My focus during my term will be on the future of legal education and the profession at a time when many law school graduates are shouldering massive student loan debt coupled with uncertain job prospects. I am engaging with law school educators, attorneys and judges to examine how best to prepare new attorneys for a changing profession.

Representative experience

• Mishewal Wappo Tribe of Alexander Valley, v. Salzar, et al, 5:09-cv-02502 (U.S. District Court, Northern District of California) (representing Napa and Sonoma Counties).
• Madison County and Oneida County, New York v. Oneida Indian Nation of New York, 10-72 (Supreme Court of the United States) (representing Madison and Oneida Counties).
• Oneida Indian Nation of New York v. County of Oneida, et al., 74-cv-187 (NDNY); 07-2430cv(L), 07-2548-cv(XAP), 07-2550-cv(XAP) (2d Cir.) (representing Madison and Oneida Counties).
• Oneida Indian Nation of New York v. Madison County and Oneida County, 05-6408-cv(L), 06-5168-cv(CON), 06-5515-cv(CON) (2d Cir.) (representing Madison and Oneida Counties).
• Oneida Indian Nation of New York v. Pifer, et al., 05-1532 etc. (State of New York Supreme Court, County of Madison) (representing Madison County and various municipal defendants).
• Oneida Indian Nation of New York v. Laguzza, et al., CA2005-1543, etc. (State of New York Supreme Court, County of Oneida) (representing Oneida County and various municipal defendants).
• Stockbridge-Munsee Community v. Oneida Indian Nation of New York and State of New York, et al, 86-cv-1140 (NDNY) (representing Madison and Oneida Counties).
• Town of Southampton, New York v. Shinnecock Indian Tribe, et al., 03-cv-3466 (EDNY); 08-1194-cv(L), 08-1195-cv(CON)(2d. Cir.) (representing Town of Southampton).
• Shinnecock Indian Nation v. State of New York, et al., 05-cv-2887 (EDNY) (representing County of Suffolk, Town of Southampton, Long Island University and several non-State defendants).
• Prairie Band Potawatomi Nation/DeKalb County Taxpayers Against the Casino (National Indian Gaming Commission) (2007-___) (representing DeKalb County Taxpayers Against the Casino).
• Oneida Indian Nation of New York – Application to Take Land into Trust (Bureau of Indian Affairs/Department of the Interior) (2005-2008) (representing Madison and Oneida Counties).
• State of New York, et al., v. Salazar, 6:08-CV-00644 (NDNY) (representing Madison and Oneida Counties).
• Oneida Tribe of Indians of Wisconsin – Application to Take Land into Trust (Bureau of Indian Affairs) (2007-___) (representing Madison County).
• NRG Energy, Inc. and Oswego Harbor Power, LLC v. Empire Zone Designation Board, et al., Index No. 11-241 (State of New York Supreme Court, County of Albany) (representing NRG Energy, Inc. and Oswego Harbor Power, LLC).

Looking ahead

The legal profession and the practice of law have changed dramatically and will continue to change rapidly as the result of changes in technology, globalization, new sources of law-related services and increasing demands and needs of clients. Law firms that anticipate, understand and adapt to these changes will be successful in the future.