David A. Boyd

David Boyd has been helping businesses and governmental entities solve complex problems for more than 15 years. He also draws from his experience litigating cases to help parties resolve matters as a mediator. In addition to his work at Gravel & Shea, David has served as the deputy solicitor general and an assistant attorney general for the State of Vermont, practiced at a large law firm in New York City, and clerked for a federal district court judge.

Litigation

A judge has described David as “one of the best legal writers in the state” and a former solicitor general of Vermont has described his oral arguments as “a master class in legal analysis and persuasion.” His litigation practice includes all types of complex litigation at the trial court level and on appeal. David has tried cases in federal and state courts and before an American Arbitration Association panel and has handled appeals before the Vermont Supreme Court and Second Circuit. He has sought and received emergency relief in multiple forums on behalf of clients.

Mediation

David draws on his experience representing individuals, businesses, and governmental entities as both plaintiffs and defendants to help resolve cases. He has significant experience quickly learning legal issues, understanding the positions and goals of diverse parties, and building consensus to resolve matters. David is committed to using best practices to maximize the likelihood of success in his mediations and will be attending the weeklong Harvard Mediation Intensive Program hosted by the Program on Negotiation at Harvard Law this spring.

 

     

 

Practice Areas

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Education

  • New York University School of Law, J.D. 2008, magna cum laude, Order of the Coif
  •  Middlebury College, B.A. 2003, magna cum laude

Representative Matters

Commercial Litigation

  • Represented the owners of a hydroelectric facility in a complex weeklong American Arbitration Association arbitration regarding the value of the facility for purposes of a contractual buyout option. Received an award valuing the facility at $16 million, a figure millions of dollars higher than the valuations presented by the opposing party.
  • Recovered more than $2 million on behalf of a lender in a commercial dispute.
  • Recovered hundreds of thousands of dollars in guaranteed rebates for a client in a contract dispute with a pharmacy benefits management company.
  • Successfully represented local family business in town and state permitting disputes at the trial court level and on appeal. Obtained an emergency stay of a shutdown notice issued by a state agency, and established compliance with state regulations, leading to receipt of a state permit. Won an Environmental Court bench trial establishing compliance with town regulations in a challenge brought by competitors and defended the Environmental Court ruling on appeal. A copy of the final Vermont Supreme Court opinion is available here.
  • Won a jury verdict establishing sole ownership of a business and property on behalf of a client. Obtained the rescission of contracts purporting to transfer away 60% of that business and property.  Proved a breach of fiduciary duty by the individual claiming to be the majority owner and completely invalidated his claimed ownership interest.
  • Obtained substantial injunctive relief on behalf of a part owner of several businesses in a dispute among owners, including an injunction against the use by another part owner of company funds for attorney fees, and the appointment of an independent monitor to protect the companies during the dispute.

Governmental Entities and Issues

  • Led teams that successfully defended a series of cases at the trial court level and on appeal challenging education governance reform and Vermont’s education finance system. The key opinions are available here and here.
  • Defended the constitutionality of Vermont’s town tuition statutes at the trial court level and on appeal. A copy of the final Vermont Supreme Court opinion is available here.
  • Worked to protect Vermonters by defending large capacity magazine restrictions Vermont enacted after the Parkland mass shooting and the arrest of a Vermont teenager based on evidence he intended to commit a mass school shooting. A copy of the Vermont Supreme Court opinion rejecting a state constitutional challenge to the restrictions is available here.
  • Represented multiple companies in Vermont Attorney General investigations, including successfully resolving an inquiry without enforcement action on behalf of a Fortune 500 company.

 

 

     

 

Memberships & Affiliations

Member, Chittenden County, Vermont and American Bar Associations

Bar Admissions

  • Vermont
  • United States District Court, District of Vermont
  • United States District Court, Southern District of New York
  • United States District Court, Eastern District of New York
  • United States Court of Appeals for the Second Circuit
  •  United States Court of Appeals for the Ninth Circuit
  •  United States Supreme Court