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David M. Schraver

What do you focus on?

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.

What do you see on the horizon?

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.

Current Representations

  • 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).

Rochester attorney will lead review of residency rule

The Daily Record | April 19, 2017

Rochester commercial litigation counsel Dave Schraver is noted in this article as the lead attorney of the New York State Bar Association working group to study the state law requiring non-resident attorneys from adjoining states to maintain an office in the state.

Contact

David M. Schraver

Of Counsel

Rochester

Phone: 585-263-1341


Fax: 866-947-0731

University of Michigan Law School, J.D., magna cum laude (Note and Comment Editor, Michigan Law Review)

Harvard University, B.A., cum laude

New York

Florida

U.S. District Court, Northern District of New York

U.S. District Court, Southern District of New York

U.S. District Court, Eastern District of New York

U.S. District Court, Western District of New York

U.S. Court of Appeals, Second Circuit

U.S. Court of Appeals, Fifth Circuit

U.S. District Court, Southern District of Florida

U.S. Supreme Court

David was selected, through a peer-review survey, for inclusion in The Best Lawyers in America© 2020 in the fields of Bet-the-Company Litigation and Commercial Litigation, and was also named the 2020 Rochester-NY “Lawyer of the Year” for Bet-the-Company-Litigation. David has been listed in Best Lawyers since 2001, and was named 2017 Bet-the-Company Litigation “Lawyer of the Year” in Rochester, NY.

David has also been included The Daily Record Attorneys of the Year (2014). David was selected to the Upstate New York Super Lawyers list in 2007-2017. His primary areas of practice are business litigation law and Native American law.

New York State Bar Association – President (term to begin on June 1, 2013), President-elect (June 1, 2012), Vice President (2008-2010), Chair of the Finance Committee, and member of the House of Delegates, Committee on Standards for Attorney Conduct and Commercial and Federal Litigation Section of the New York State Bar Association; American Bar Association (2003-2009, 2012 - ) - Member of the House of Delegates and Litigation Section; The Metropolitan Bar Caucus of the National Conference of Bar Presidents (2002-2003) - Past President; Monroe County Bar Association (1997-1998) - Past president;  and has served on the boards of a number of community organizations.

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