Shapiro Croland

Attorneys / David O. Marcus

David O. Marcus

David is a member of the Commercial Litigation and Bankruptcy departments. His practice encompasses all areas of commercial litigation, real estate litigation, complex foreclosures, construction and insolvency matters in both the state and federal courts. David has appeared extensively in the state courts of New Jersey and New York, as well as the United States District Court and Bankruptcy Court in New Jersey. He has litigated all types of business disputes and bankruptcy court adversary proceedings for the District of New Jersey.

David earned his Bachelor of Arts degree in Political Science from Emory University in 1980 and his law degree from The George Washington University Law School in 1983. David was admitted to the Bar of the State of New York in 1984 and to the Bar of the State of New Jersey in 1986, and is a member of the Washington, D.C. Bar. He is admitted to the United States District Court for the District of New Jersey as well as the Southern and Eastern Districts of New York.

David is a member of the Commercial Litigation and Bankruptcy departments. His practice encompasses all areas of commercial litigation, real estate litigation, complex foreclosures, construction and insolvency matters in both the state and federal courts. David has appeared extensively in the state courts of New Jersey and New York, as well as the United States District Court and Bankruptcy Court in New Jersey. He has litigated all types of business disputes and bankruptcy court adversary proceedings for the District of New Jersey.

David earned his Bachelor of Arts degree in Political Science from Emory University in 1980 and his law degree from The George Washington University Law School in 1983. David was admitted to the Bar of the State of New York in 1984 and to the Bar of the State of New Jersey in 1986, and is a member of the Washington, D.C. Bar. He is admitted to the United States District Court for the District of New Jersey as well as the Southern and Eastern Districts of New York.

  • J.D., The George Washington University Law School (1983)
  • B.A., Emory University (1980)
  • Corporate/Commercial Litigation, Estate/Probate Litigation, Chancery Litigation, Debtor/Creditor Law and Bankruptcy
  • State of New Jersey
  • State of New York
  • United States District Court for the District of New Jersey
  • United States District Court for the Southern District of New York
  • United States District Court for the Eastern District of New York
  • United States District Court for the District of Columbia
  • “AV” Peer Review Rating, Martindale-Hubbell (2017-2019)
  • Minority Shareholder Disputes – An Update on New Jersey Chancery Courts. NJSBA Midyear Convention, Madrid Spain (October 2017)
  • Negotiating Arbitration Agreements. NJSBA Midyear Convention, Madrid Spain  (October 2017) NJSBA Annual Convention, Atlantic City (May 2018)
  • Hot Topics in Chancery Practice, NJSBA Annual Convention, Atlantic City (May 2016)
  • Probate Litigation: A Jambalaya of Issues, NJSBA Midyear Convention, New Orleans, LA    (Nov. 2015)
  • Receiverships and Other Court Appointments, NJSBA Annual Convention, Atlantic City (May 2015)
  • Mediation of Complex Commercial Litigation Cases, NJSBA Midyear Convention, Rome, Italy (November 2013), Annual Convention, Atlantic City (May 2014) and, NJSBA Midyear Convention, Paris, France (November 2014), Midyear Convention, Amsterdam, Netherlands (2016)
  • NJ Board on Continuing Legal Education Approved Seminar, Passaic County Bar Association. “Survival in the Courts: General Equity, Chancery Division”. (June 2012 and 2015)
  • Chancery Practice: Justice Robert L. Clifford Inns of Court (April 2011)
  • ICLE Business Law Symposium: Ethical Ramifications in Doing Business with a Client (April 2011)
  • NJ Board on Continuing Legal Education Approved Seminar: “The How & Why of Depositions: A Nuts & Bolts Primer” (June 2010)
  • Member, District II Ethics Committee (2006-2009)
  • Member, American Bar Association
  • Member, New York State Bar Association
  • Member, New Jersey State Bar Association
  • Member, Bergen County Bar Association

Inquire for references

Published Decisions

  • Cosa Marble v. Classic Tile, Inc., 2008 WL 803354 (D.N.J. 2008)
  • Schlussel v. Emmanuel Roth, 270 N.J. Super. 628 (App. Div. 1994)
  • Apple Corps. Ltd. v. International Collectors, 25 F. Supp. 480 (D.N.J. 1998)
  • Halvajian v. Bank of New York, 191 B.R. 56 (Bankr. D. N.J. 1995)

Significant Representations

  • Secured $2.5 million judgment/claim for secured creditor following bankruptcy court trial.
  • Successfully defended claim to equitable title of real property in chancery litigation.
  • Obtained summary judgment in significant contract action seeking recovery of lost profits of several million dollars from brokerage agreement.
  • Removed executrix of estate by proving misappropriation of assets.

Articles & Publications

Co-author, Claims Against Government, Practicing Law Institute Toxic Substances Litigation Report (1982)