David S. Stone

Senior Managing Partner
DStone@stonemagnalaw.com
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Phone: 973.218.1111
Fax: 973.218.1106

100 Connell Dr, Suite 2200
Berkeley Heights, New Jersey 07922

Justia Profile

Super Lawyers 2014       Legal Readers

David S. Stone is the Senior Managing Partner of Stone & Magnanini LLP of Short Hills, New Jersey, which he co-founded in March 2009. Previously, Mr. Stone had been the Administrative Partner of the New Jersey Office of Boies, Schiller & Flexner LLP, where he headed that firm’s national False Claims Act practice group.

Mr. Stone’s long experience representing relators in False Claims Act cases has included some of the largest recoveries in history: Medco ($165 million), Bristol Myers Squibb ($425 million) and Cephalon ($350 million). Currently, Mr. Stone is handling numerous additional False Claims Act cases venued throughout the country, both sealed and unsealed, in areas from health care to education to defense contracting. Mr. Stone’s practice also includes a wide variety of complex litigation matters, including intellectual property, antitrust, securities, insurance, regulatory enforcement and criminal defense.

The significant matters in which Mr. Stone has participated include: representing Maurice “Hank” Greenberg, the former Chairman of AIG, in various civil litigations and investigations; assisting in the appeal in State of Rhode Island v. Claus Von Bulow, representing W.R. Grace in City of Woburn v. W.R. Grace, et al., representing the Estate of Doris Duke, and representing relators in a successful multi-million dollar Medicare False Claims Act action in Minnesota.

Mr. Stone was a founding name partner of the firm Freedman & Stone and a founding partner of the firm Stern & Greenberg with the former U.S. Attorney and District Judge Herbert J. Stern. He also served as outside General Counsel of YankeeNets, LLC, where he was co-trial counsel with David Boies in a successful suit to recover the New York Yankees' television rights from Madison Square Garden Network.

Mr. Stone has been a guest speaker and panelist at numerous conferences, including Taxpayers Against Fraud, the American Association of Nurse Anesthetists, the Minnesota Association of Nurse Anesthetists, the Medical Society of New Jersey and the Medical Society of Colorado. Mr. Stone also participated in the presentation of testimony on antitrust and healthcare before Congressional Subcommittee on Antitrust and Healthcare.

Education

J.D., Harvard Law School, 1984
Assistant to Professors Laurence Tribe and Alan Dershowitz

B.A., Harvard College, 1979
magna cum laude, Psychology, John Harvard Scholarship

Jurisdictions Admitted to Practice

New Jersey State Bar
New York State Bar
Massachusetts State Bar
United States Supreme Court
United States Courts of Appeals for the Second Circuit, Third Circuit and Fourth Circuit
Federal Courts in the Districts of New Jersey, Southern, Northern, and Eastern Districts of New York, the District of Massachusetts
United States Court of Federal Claims

Professional & Bar Association Memberships

American Bar Association

Taxpayers Against Fraud

Health Care Lawyers Association

Trial Lawyers of America

Federal Enforcement Homeland Security Foundation
General Counsel

New Jersey Performing Arts Center
Board of Directors

Smart Foundation
Board of Directors

Yivo Institute
Board of Overseers

Adjunct Professor, Seton Hall Law School
Member Since: 2001-2002

Practice Areas

  • Complex Litigation
  • Antitrust
  • Intellectual Property
  • White Collar Criminal Defense
  • Apeals
  • Whistleblowing and Compliance
  • Securities
  • Insurance
  • Regulatory
  • Enforcement
  • Criminal Defense

Industry Areas

  • Pharmaceutical
  • Healthcare
  • Media/Entertainment
  • Insurance
  • Finance/Securities/Tax
  • Trademark/Patents
  • Sports

Selected Professional Awards and Associations

  • SuperLawyer (2012-2014)
  • AV® Preeminent™ Peer Review Rated by Martindale-Hubbell (2011-2014)
  • National Law Journal – Hot Boutique List (2012)
  • American Bar Association
  • New York State Bar Association
  • New Jersey State Bar Association
  • Advisory Board Taxpayers Against Fraud: Trial Lawyers Association
  • Federal Enforcement Homeland Security Foundation (General Counsel)
  • New Jersey Performing Arts Center (Board of Directors)
  • Smart Foundation (Board of Directors)
  • Yivo Institute (Board of Overseers)
  • Adjunct Professor, Seton Hall Law School, 2001-2002
  • Maccabi USA (Chairman of the Board)
  • Science Friday (Board of Overseers)

Key Representations

Intellectual Property:

Bascom v. AOL and Time Warner:
Successful $10m jury verdict in 2011 for patent infringement against AOL. Lead counsel in Licensing Campaign.

Starr International:
Co-lead counsel with Skadden Arps in successful trademark action with AIG to retain the “Starr” branding.

Outside General IP litigation Counsel for Telebrands (the largest “As Seen on TV” company in the world): The Firm has handled numerous patent infringement, trademark infringement, trade dress counterfeiting and unfair competition actions.

Profoot v. Merck, et. al:
Lead Counsel in trademark and unfair competition case against Merck/Dr. Scholls.


Finance/Securities/Insurance:

Numerous representations of Hank Greenberg and Starr Insurance entities (with David Boies) including:

  • SEC investigation
  • NY Attorney General proceedings
  • Securities Class Action
  • Contract disputes

Successful representation of Dow Pharmaceuticals in Auction Rate securities case.

Successfully represented numerous Ponzi Scheme victims arising out of frauds by Bernard Madoff, Kenneth Starr and Rabbi Dwek.

Co-lead Counsel Class Arbitration against Standard Chartered (formerly Amex International) for investing in Madoff-related investments.


Antitrust:

Broadcom v. Qualcomm (Monopolist conduct in cell phone chip market):
Co-Counsel to David Boies of Boies Schiller & Flexner LLP.

Royal Mile v. UPMC : (Co-lead counsel) Price fixing and monopolist conduct in the health care market.

Mana, et al v. Allina Health Care : (Lead counsel) Price fixing and monopolist conduct by hospitals and anesthesiologists.

Represented luxury car dealers and a member of the defense lead counsel committee in price fixing criminal investigation and civil class action.

Special Counsel to Medical Society on Antitrust Issues: (Assisted in drafting regulations pertaining to HMOs/Physicians.

Magnesite Antitrust matter : Case against Chinese Companies for fixing prices of Magnesite in the United States. (Co-counsel: William Isaacson of Boies Schiller Flexner.)


Other Complex Related Litigation:

Yankee/Nets v. Madison Square Garden : Lead counsel (under David Boies & Joel Klein) – successfully secured Yankees TV rights and formed the YES Network.

Counsel in Arab Bank litigation representing victims’ families against the Bank for funding and supporting suicide bombers.

NJ State Pension Fund v. Qwest: Securities Fraud (Co-lead Counsel).

Key Whistleblower representations:

  • US v. Medco [$153m dollar settlement]
  • US v. Cephalon [$350m dollar settlement]
  • US v Forest [$400 million dollar settlement]
  • US v. GSK [$1b dollar settlement]
  • US v. McKesson [$360m dollar settlement]
  • US v. BMS [$425m dollar settlement]

Articles

David Stone, Presentation at 8th Annual Taxpayers Against Fraud Conference, Off-Label Marketing as a Predicate for False Claims Act Liability (Sept. 9, 2008 ).

David Stone, Presentation at 6th Annual Taxpayers Against Fraud Conference, Addressing 9(b) Issues: Filling In The Holes (Sept. 11, 2006).

David Stone, Presentation at 5th Annual Taxpayers Against Fraud Conference, The One Relator Rule Under 31 U.S.C. § 3730(b)(5) (Oct. 28, 2005).

David Stone, Presentation at 4th Annual Taxpayers Against Fraud Conference, Assessing and Proving Damages for Settlement and Trial in a Healthcare False Claims Act Case (Oct. 14, 2004).

Who Really Won the Microsoft Appeal?, New York Law Journal, Computer and Internet Lawyer (October 2001).

Non-Legal Activities

Mr. Stone is CEO of Merlin Productions, engaged in the production of theater, films and other creative works. He was a lead producer of the Off-Broadway Musical, Frankenstein, and is involved with A Christmas Story which recently ended a broadway run. Mr. Stone is longtime Board Member of the New Jersey Performing Arts Center (NJPAC).

Boards

Federal Enforcement Homeland Security Foundation (General Counsel)
New Jersey Performing Arts Center (Board of Directors)
Smart Foundation (Board of Directors)
Yivo Institute (Board of Overseers)
Maccabi USA (Chairman of the Board)
Science Friday (Board of Overseers)