David A. Shimkin

Member

David focuses his litigation practice on representing clients in the hospitality, construction, and transportation fields, including trucking companies involved in interstate and intrastate claims. David has also handled product liability cases involving life science matters for medical device manufacturers. David co-chairs the firm’s Food and Beverage Team and is experienced in the defense of cases involving alleged food contamination and liquor liability. David has also defended clients against claims brought under California’s Proposition 65 for alleged exposure to certain toxins. David has extensive experience in defending class actions and handling toxic exposure and contamination cases involving both property damage and bodily injury claims. David has also handled fire damage cases. He has also defended errors and omissions and professional liability claims brought against officers of closely held and public companies, accountants, and other professionals. He has also defended cyber-security breach, intellectual property, and trade secret claims. David was an adjunct professor at New York Law School and sits on the board of a major nonprofit organization.

Additionally, David is the chair of Cozen O'Connor's Diversity, Equity and Inclusion Committee and formerly co-chaired the Hispanic Attorney Resource Group. 

David started his career as an assistant district attorney in the Bronx, where he argued appeals, including in the U.S. Court of Appeals for the Second Circuit. He also tried misdemeanor and felony cases. More recently, he has tried civil cases in both state and federal court. 

David was a John Kluge Scholar as an undergraduate at Columbia University. He earned his law degree from Cornell Law School, where he was a general editor of the Cornell Journal of Law and Public Policy, and received a certificate of specialization in Public Law.

David was chosen as a 2013 Rising Star by the New York Law Journal. The panel reviewed more than 200 nominations of young lawyers who have established a record of accomplishments and demonstrated that they are top contributors to the practice of law as well as to their communities. David was among the 44 attorneys with the highest ratings.

Experience

News

Cozen O’Connor Announces New Group Chairs, Office Managing Partners, Other Promotions

February 15, 2024

The firm announced several new practice group chairs, office managing partners, and leaders of firm committees and initiatives

Cozen O’Connor Announces Seven New Shareholders

August 31, 2021

Cozen O’Connor is pleased to announce the promotion of seven members to shareholders: Steven P. Katkov, Erick J. Kirker, Cheri L. MacArthur, Alycen A. Moss, Lisa J. Myers, Michael Rafalko, and David A. Shimkin.

Cozen O’Connor Announces Changes to Firm Management

February 16, 2021

Cozen O’Connor is pleased to announce the following changes in firm leadership positions for the 2021 year.

Calif. Builders Strategize Ahead Of 2020 Solar Panel Rules

January 11, 2019

David Shimkin, a member in the firm's Commercial Litigation Department, was quoted in Law360's article, "Calif. Builders Strategize Ahead Of 2020 Solar Panel Rules."

David A. Shimkin Selected as Cozen O’Connor’s Fellow with The Leadership Council on Legal Diversity

June 15, 2016

As a 2016-17 Fellow, David will participate in targeted leadership training events with the other member fellows throughout the program year.

Publications

Quirk in law allows defense attorneys to 'literally' remove cases to federal court

November 09, 2023

David A. Shimkin published the article “Quirk in law allows defense attorneys to 'literally' remove cases to federal court” for Westlaw Today.

Member Attorney Spotlight: Wanji Walcott [Diversity Matters in the Legal Profession]

August 20, 2018

David Shimkin, a member of the firm's Commercial Litigation Department, authored, "Member Attorney Spotlight: Wanji Walcott," a piece on Wanji Walcott, SVP and General Counsel of PayPal.

Ninth Circuit Brings Clarity to Made in the USA Labeling [Food Recall Monitor Blog]

May 16, 2018

Thanks to the California legislature and the Ninth Circuit’s recent unpublished opinion in Fitzpatrick v. Tyson Foods, food manufacturers and distributors in California can label their products “Made in the USA,” even if the products contain certain percentages of foreign-made ingredients or...

Experts, Hearsay, and the ‘Sanchez’ Case

October 02, 2017

David Shimkin, member of Cozen O'Connor's Commercial Litigation Department, authored, "Experts, Hearsay, and the ‘Sanchez’ Case" for California Lawyer.

California consumers and food manufacturers await key government rules on food labeling. [Food Recall Monitor Blog]

September 01, 2017

The Food and Drug Administration (FDA) and the United States Department of Agriculture (USDA) are expected to soon issue new regulations regarding the advertising and labeling of food products.  California manufacturers will have to make sure that they not only do not run afoul of those new rules,...

Education

  • Cornell Law School, J.D., 1997
  • Columbia University, B.A., 1993
  • California
  • New Jersey
  • New York
  • U.S. Supreme Court
  • U.S. Court of Appeals for the Second Circuit
  • U.S. District Court -- Central District of California
  • U.S. District Court -- Eastern District of California
  • U.S. District Court -- Northern District of California
  • U.S. District Court -- Southern District of California
  • U.S. District Court -- Eastern District of New York
  • U.S. District Court -- Southern District of New York
  • Hispanic National Bar Association