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Additional Experience Overviews for David J. Creagan

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David J. Creagan Partner

 
Philadelphia, PA | Direct 215.864.7032Fax 215.399.9610
creagand@whiteandwilliams.com
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David Creagan’s practice focuses on the resolution of complex disputes. Keeping his clients’ business strategies and fundamental values in mind, David works collaboratively with clients to understand their business and advance their interests through effective and nuanced legal approaches. 

David represents reinsurers and ceding companies in disputes involving varied claims under pro rata, excess-of-loss, stop-loss and clash treaties and under facultative certificates and financial risk reinsurance contracts. Issues he has handled include accumulation, allocation, retentions, follow-the-fortunes, reinstatements, additional premium, offsets, and deficit-carry-forward and aggregate extension clauses. David has secured wins for reinsurers and cedents in arbitrations that have gone to final hearing in the United States and Bermuda. He has also successfully litigated reinsurance disputes in federal district court, and has argued and won appeals in the United States Court of Appeals for the Third Circuit.

In his commercial litigation practice, David represents clients in industries as diverse as biotechnology, pharmaceuticals, medical devices, oil and gas, railroads, manufacturing, insurance and finance. He has helped clients reach successful outcomes in securities fraud and other class actions, in securities fraud opt-out cases, in SEC-led investigations, in litigation stemming from the licensing of intellectual property, in antitrust class actions and unfair competition suits and in corporate governance matters. 

David has been first chair trial counsel in federal and state courts and in AAA and ARIAS arbitrations, and has argued and won cases on appeal in the United States Court of Appeals for the Third Circuit. He also has experience in international arbitration and litigation, including taking and coordinating discovery abroad.  

Before practicing law, David was a Foreign Service Officer with the U.S. Department of State for nine years, serving at United States embassies abroad and as a Special Assistant to the Secretary of State. He is a recipient of the Department of State's Superior Honor Award.

David is an arbitrator in the Philadelphia Court of Common Pleas mandatory arbitration program and a volunteer mediator in the Philadelphia Bar Association's Lawyer-Client Fee Disputes Program.

During law school, David was Executive Editor of the Virginia Law Review.

Representative Matters

  • Achieved a favorable settlement for a major pharmaceutical company mid-way through a AAA arbitration concerning intellectual property rights and contractual duties of good faith and fair dealing
  • Represented a private equity fund in a common-law fraud case that eventuated in a directed verdict for the fund
  • Represented broker and former broker in FINRA enforcement actions
  • Negotiated settlements favorable to a private mortgage insurer in litigation and multiple AAA arbitrations regarding the underwriting and credit quality of pools of subprime and Alt-A mortgages
  • Obtained a final award of all requested relief for a ceding company in an arbitration over the scope of coverage under an excess-of-loss facultative certificate
  • Reached a successful outcome for outside directors in a mediation of a suit brought in state court alleging breaches of fiduciary duty
  • Represented a national title insurance company in a state-wide class action where no class was certified, leading to dismissal of the case
  • Successfully argued in the U.S. Court of Appeals for the Third Circuit for judgment as a matter of law on all claims for a medical device manufacturer, after winning partial summary judgment on the eve of trial
  • Won dismissal at pleading stage of state-wide class action alleging overcharges against one of the largest pharmacy benefits managers
  • Won summary judgment for a pool of reinsurers in an arbitration involving allocation of losses to multiple treaty years
  • Successfully moved to vacate a final award against a retrocedent in an arbitration involving interpretation of a financial risk treaty, and won the ensuing appeal wherein the Third Circuit Court of Appeals affirmed the district court’s vacatur
  • Represented a pool of reinsurers in an arbitration involving the accumulation of claims and the availability of aggregate excess cover
  • Represented a biopharmaceutical company in a securities fraud class action that resulted in a very favorable settlement for the company
  • Won summary judgment on all claims for a biopharmaceutical company in an opt-out securities fraud lawsuit
  • Represented companies and former officers of publicly-held companies in formal and informal investigations brought by the United States Securities Exchange Commission

Recognition & Involvement

David is an elected member of the Borough Council of Swarthmore, Pa.  He will serve a four-year term.

He has been AV® rated by the Martindale-Hubbell peer review rating system.

David was previously President of A Better Chance (ABC) Strath Haven, Inc., a local chapter of the national organization whose mission is to provide superior secondary school educational opportunities to students from disadvantaged backgrounds. David also served on the Board of Directors of the Swarthmore Community Center, Inc. and was a basketball coach for the Swarthmore Recreation Association.

Events

Publications

Bar and Court Admissions

Pennsylvania

U.S. Court of Appeals for the Third Circuit

U.S. District Court for the Eastern District of Pennsylvania

U.S. District Court for the Middle District of Pennsylvania

Education

University of Virginia School of Law, JD, 1993

University of Chicago, MA, 1980

University of Notre Dame, BA, magna cum laude, 1974 

Languages

French

Italian

Portuguese

Spanish

Swedish

Memberships

ARIAS-US

American Bar Association; Litigation Section; International Section

Pennsylvania Bar Association

Philadelphia Bar Association; International Business Initiative Committee

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