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  • Report:  #1184165

Complaint Review: David Bamberger foul mouth curses adversary - New York New York

Reported By:
Alan - New York, New York,
Submitted:
Updated:

David Bamberger foul mouth curses adversary
420 Lexington Ave New York, 10170 New York, USA
Web:
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I received a press release the other day about New York attorney David Bamberger's filthy mouth and his being a disgrace to the legal profession.

Specifically, an adversary sent him an email accepting his settlement offer. Bamberger's reply email began: "You must be kidding. Not a penny for you. Ever!" and ended with "You're finished. Go (blank) yourself."

The press release went on to give a link to the New York State Court e-filing website where a letter to the judge complaining of this conduct was posted.

I went to this site and downloaded the letter which is in the public record.

Here it is:

"No adversary in a litigation should have to endure being cursed at by adverse counsel as I have by David Bamberger recently by email. When he was a sitting judge in this court Judge Ira Gammerman told the litigants in his courtroom that just because you are adversaries that does not mean you can not be friends. I related Judge Gammerman's dictum to Mr. Bamberger but apparently it has fallen on deaf ears. From what follows it should be clear to this court that Mr. Bamberger is completely out-of-control and in dire need of both discipline and treatment for his mental disorder (which he has acknowledged in a tape recorded telephone conversation).

In the weeks preceding the preliminary conference in this action, Mr. Bamberger made a settlement offer of $15,000 which was being considered by (redacted). Shortly after the preliminary conference, I sent an email to Mr. Bamberger in my capacity as executive assistant to the Vice President of (redacted) accepting the offer. In response, Mr. Bamberger sent me a horrific and outrageous abusive email starting with "You must be kidding. Not a penny for you. Ever!," and after a paragraph of personal attacks and abuse concluded with "You are finished. Go (blank) yourself." There can be no dispute that the "blank" was a substitute for  a vulgar, indecent phrase commonly used by the uncouth and unwashed referring to a sexual act. As I said above, no litigant should be subjected to such abuse.

In writing "Go (blank) yourself" to an adversary in a court proceeding, Mr. Bamberger has brought shame and disgrace not only to all the fine upstanding attorneys who are members of the Bar who uphold the dignity of the courts but in addition to his wife, Debra Post, his two teenage daughters and his entire family. One would hope that his elders raised him not to behave in such a manner.

It's is regrettable that this court lacks the power to order Mr. Bamberger to wash his mouth out with Lava soap."

David Bamberger has been a lawyer since 1983. He is a member of Brickman Leonard & Bamberger, P.C. Bamberger in New York City, is a 1982 graduate of Harvard Law School; was associated with two major New York City finns (Simpson Thacher and Skadden Arps); and was also the senior vice president and general counsel of a significant public company (Inamed Corporation), which was sold to Allergan, Inc. for $3.2 billion in cash and stock around ten years ago. He was also a Senior Director in the litigation department at the brokerage firm Merrill Lynch for several years. Among other things, Bamberger represented Merrill Lynch successfully in approximately 30 customer-initiated sales practice arbitrations that went to hearing (also lost a few) and obtained a $7 million arbitration award against disgraced money manager and Madoff colleague Ezra Merkin. In recent years, he has won several other million-dollar arbitration awards for his clients.

One must wonder if he learned how to curse at adversaries at Harvard Law School in a course on the subject.

 



3 Updates & Rebuttals

David

New York,
United States
Prior to his death in 09/2016, the author of this "report," Philip Seldon, stipulated in Court it was false and defamatory.

#2REBUTTAL Individual responds

Thu, November 16, 2017

I am a litigator, Harvard JD, Class of 1982.  In 35+ years of practice (through 11/2017), I have a completely unblemished ethical record.

In 2014, I began to represent a noted wine writer, Hariet Lemeck, in multiple lawsuits filed against her by another noted wine writer, Philip Seldon.  Philip brought a total of four lawsuits against Harriet.  I obtained dismissals of each of them, mostly by winning motions to dismiss in Court.  Philip's MO was to try to extract a cash settlement from me, then, when I rejected his demands, file an anonymous report on me on Ripoff-report.com as "punishment."  This is one of the reports Philip filed on me.  There are numerous others, all written and posted by Seldon.

There is no effective, or at least cost-effective, way to eliminate these reports.  I sued Philip for libel in 2014 and 2015.  In a stipulated order entered 02/25/2016, Philip admitted each of  reports was false and defamatiory.  Bamberger v. Seldon, Sup. Ct. State of New York, New York County Index No. 156504/2014 (NYSCEF Doc. No. 120), so ordered by Justice Bannon.  If you wish a copy of the Stipulated Order containing 23 itemized and conceded libels, please contact me at [email protected].

Harriet knew Philip for more than 40 years prior to 2014.  Harriet got her start in wine writing thanks to Philip.  Years later, they were in major NYC wine societies together etc.  I am proud that Harriet never paid Philip one red cent to settle any of the frivolous cases he filed against her.  I can't say I am especially proud to have my good name dragged through the mud like this, but such is the "price" of being a litgator in a big city.  It's not all glory, that's for sure, and sometimes the nuts are going to get you.  During his colorful lifetime, Philip brought I believe more than 110 lawsuits in New York alone.  He brought countless other lawsuits in other cities, a "vexatious litigator" to be sure, and adjudged to be one, most recently by Justice Paul Wooten, in a decision affirmed by the Appellate Division, First Department.  Seldon v. Lewis Brisbois, 116 A.D. 3d 490 (2014) ("Further, given plaintiff's history of vexatious litigation, the court properly required [Seldon] to obtain court approval before filing or serving any litigation papers in this matter against defendants and their privies").        

In the week prior to his passing, I drove up to see Philip on his deathbed.  We "reconciled," even had a laugh or two.  What a character!  Sorry to have subjected you to this, but now you know the story behind these multiple, weird, "rip-off reports" on me.  David E. Bamberger      


Alice

Manhattan,
New York,
USA
Fictitious Pro Se v. Bonafide Attorney David Bamberger

#3Consumer Comment

Wed, April 01, 2015

As an accomplished attorney, having completed Depositions with clever Pro Se Attorney Philip Seldon, it became evident that Seldon did not possess any litigation depth as found within David Bamberger, a brilliant attorney. Philip Seldon being labeled a nortorious vexatios litigator by Justice Wooten in the Supreme Court of New York State, while attempting to litigate monies away from businesses, lawyers, doctors, and unsuspecting peoples. All Philip Seldon's case filings parallel the same forensic methods of operandi, litigates Default Judgements, serves intimidating Demand Letters for an out-of-court settlement, and attempts profits being a Pro Se non-attorney. Philip Seldon never passed the NY State BAR Exam, was never accepted to any Law School, and never passed the LSAT. Seldon cutely sprinkles into all legal cases, personal medical deficiencies claiming damages of medical pain and suffering, including medical defincies such as Tourette's Syndrome. Multiple Justices for many years suffered Seldon's abusive Court tactics, Justice Recusal Motions, and contested case submissions to NY State Appeals Court. Seldon proudly earned the label in New York State Courts as a Veatious Litigator. After being acquainted with David Bamberger for many years, it's clealy only a matter of time until Vexatious Litigator Philip Seldon finally shipwrecks as a Pro Se Attorney. NY State Supreme Court Justices will once again ORDER Seldon to wash up in a jail cell on Rikers Island. After that, career Pro Se Attorney Philip Seldon will be writing legal briefs sitting in a jail cell. David Bamberger professionally guarantees Philip Seldon to experience a legal shark bite. No puppy Pro Se bites come from Sir David Bamberger.

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Anonymous

Brooklyn,
New York,
USA
A Great Attorney!

#4Consumer Comment

Tue, March 31, 2015

David Bamberger's a scholar, gentleman, an undisputed precise and compitent attorney. I've never known him to use profanity during the course of business. I've only seen David Bamberger use profanity a few times over the past years. Profanity seemed usually directed towards suspicious individuals well deserving of strong communication directives. 

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