Minding Your Business

Proskauer’s perspective on developments and trends in commercial litigation.

David Munkittrick

David Munkittrick


David Munkittrick is an associate in the Litigation Department and a member of the Antitrust Practice Group. His practice encompasses a broad variety of complex commercial litigation and focuses on antitrust and intellectual property matters. He has litigated copyright, trademark, entertainment, antitrust and privacy matters in courts around the country, and is accredited by the International Association of Privacy Professionals as a Certified Information Privacy Professional.

David maintains an active pro bono practice and has been repeatedly recognized as Empire State Counsel by the New York State Bar Association for his pro bono service. He also is a recipient of Proskauer’s Golden Gavel Award for excellence in pro bono work.

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A New Frontier or Back to Basics? FTC Issues New Guidance on Artificial Intelligence Technology

In the latest piece to come out of the FTC’s new focus on emerging technologies, the FTC Bureau of Consumer Protection issued new guidance on the use of artificial intelligence (“AI”) and algorithms. The guidance follows up on a 2018 hearing where the FTC explored AI, algorithms, and predicative analysis. As the FTC recognizes, these … Continue Reading

Attacking Class Certification on a Motion to Dismiss? A Recent Decision Says There is a Way

Plaintiffs often try to define the broadest possible class at the outset of a case on the belief that the scope of the class can be refined on class certification after discovery has been completed. For this strategy to work, however, plaintiffs must get past the pleading stage. Historically, this has not been too difficult … Continue Reading