Barclay Damon
Barclay Damon

David 
     Cost

David Cost

Partner

p: 518.429.4286

f: 518.533.2913

icon_email dcost@barclaydamon.com
icon_download Vcard

Albany Office

80 State Street
Albany, New York 12207

Starting as a summer associate, David has spent his entire legal career at the firm, concentrating his practice on matters involving commercial litigation, health care controversies, torts and products liability defense, mass and toxic torts, and labor and employment. He has successfully represented clients in numerous state and federal courts through all phases of litigation. David has extensive experience handling complex business disputes; health care and human service provider challenges; and personal injury, civil rights, asbestos exposure, and employment disputes, including both jury trial and appellate practice. He has obtained multiple favorable outcomes for clients, including judgments, dismissals, negotiated resolutions, and substantial settlements.

David strives to translate complex legal issues in ways that make them more easily understandable for clients, juries, and judges. He uses his background from the courtroom and managing many kinds of disputes to help clients mitigate their risks and avoid litigation if possible. David actively works with clients to understand their business objectives in order to provide practical advice to help them navigate legal conflicts. He has shared his deep industry knowledge and experience through presentations at multiple national conferences, lecturing on appellate advocacy, mass-tort defense strategy, and pro bono representation.

In addition to his own practice, David serves on multiple firm committees, including serving as the Albany office diversity partner.

Representative Experience

  • Serves as counsel to a variety of business entities and individuals, prosecuting and defending complex litigation matters from inception to resolution or trial.
  • Represented and successfully negotiated a settlement on behalf of an international manufacturer in a fatality wrongful-death action stemming from a construction accident.
  • Serves as national coordinating and local counsel for manufacturers and retailers in mass-tort lawsuits for claimed exposure to asbestos across the United States, helping to obtain multiple dismissals of actions prior to trial.
  • Represents a global utility in defending personal-injury claims related to electrical-grid operations and natural-gas operations. Obtained dismissal before trial of claims brought by a rival utility for property damage.
  • Serves as counsel to state employees in federal civil-rights actions involving constitutional due-process issues and allegations of the denial of the First Amendment, due process, and Equal Protection rights, including allegations of rights violations by individuals under the auspice of the Office of People With Developmental Disabilities following investigations by the NYS Justice Center and the Department of Health.
  • Serves as counsel to hundreds of employers in multiple fields who were former members of group self-insurance workers’ compensation trusts, defending multi-million claims and helping to recover thousands in multi-party lawsuits against third-parties responsible for trust deficits (Accredited Aides Plus, Inc. v. Program Risk Mgt., Inc.; Krog Corp. v. Vanner Group, Inc.; NYAHSA Servs., Inc., Self-Ins. Trust v. People Care, Inc.).
  • Represents employers in lawsuits related to the enforceability of covenants not to compete, unfair labor practices, and discrimination claims by employees.
  • Served as a trial team member in a jury trial defending an international manufacturer against claims of asbestos exposure that placed 98 percent of the verdict on other entities.
  • Served as pro bono trial counsel for a prisoner plaintiff in a federal civil-rights matter for the denial of constitutional due-process rights and Equal Protection violations.
  • Served as trial counsel for multiple insurers in defending first-party claims under insurance agreements.
  • Served as lead counsel for multiple premise owners and businesses, from national grocery retailers to local businesses, in matters involving premises, products liability, and lead-paint personal-injury claims brought by the plaintiffs, resulting in defense verdicts dismissing claims prior to trial (Seferagic v. Hannaford Bros. Co.; McMullin v. Martin’s Food of S. Burlington, Inc.; Tverskoy v. Ramaswami; Raczes v. Horne; D&D of Delhi, Inc. v. Village of Delhi; Baker v. Thorpe).
    Served as counsel for clients in Article 78 proceedings challenging a state agency’s claims of payment or withholding of funds and disqualification from government-enabled programs.
  • Represents multiple insurers in subrogation actions, recovering thousands for insurance proceeds paid to insureds due to the negligence of third parties.

Practice Areas

Education

  • University at Buffalo School of Law, J.D., 2006
  • Hamilton College, B.A., Honors in Philosophy, 2003

Admitted To Practice

  • New York, 2007
  • U.S. District Court, Northern District of New York
  • U.S. District Court, Western District of New York
  • U.S. Court of Appeals, 2nd Circuit

Memberships & Affiliations

  • Albany County Bar Association
  • American Bar Association
  • Federal Court Bar Association for the Northern District of New York
  • New York State Bar Association, Ethics & Professional Responsibility Committee
  • Defense Research Institute, Former Asbestos Medicine Committee Young Attorney Liaison

Civic Activities

  • Legal Aid Society for Northeastern New York, Board of Directors Member
  • Capital Region Chamber of Commerce, Leadership Tech Valley Program Class of 2018
  • Legal Project of Albany Pro Bono Volunteer
  • Prisoner’s Legal Services, Pro Bono Volunteer
  • Latham Circle Soccer Club, Volunteer Coach

Speaking & Publications

  • DRI Asbestos Medicine Seminar, “Depositions: Challenges of the Past When Litigating in the Present”
  • New York State Bar Association Intro to Civil Practice Skills: Torts, Personal Injury, and Insurance Law, “Taking and Perfecting The Appeal”
  • American Conference Institute 15th National Advanced Forum on Asbestos Claims & Litigation, “Apportioning Liability in Jurisdictions With Fault Allocation:
  • Sorting Out Verdict Form and Other Complexities Given That Today’ Cases Name Dozens of Parties as Liable for Exposure”
  • Defense Research Institute Asbestos Medicine Seminar, “Young Lawyers 101”
  • Northern District of New York Federal Court Bar Association CLE, “Handling a Prisoner Case”
  • Law360, “How New York Workers Can Recover From Insolvent Trusts”
  • Law360, “NY Court Cuts Back on Runner Doctrine”
  • Law360, “Crisis at Workers Compensation Board Continues”
  • Albany Business Review From The Career Ladder: How I Got Here Column, “No Substitute for Preparation”
  • New York Professional Responsibility Report, “Imputed Disqualification & Public Perception”

Honors

  • Selected to Super Lawyers Upstate New York Rising Stars: Civil Litigation, 2016-2018
  • The Legal Project of Albany, Stanley J. Rosen Memorial Award for Pro Bono Service, 2011
  • New York State Bar Association, Empire Counsel Honoree, 2008 and 2011
  • Martindale-Hubbell, Client Distinction Award

Prior Experience

  • Hiscock & Barclay, LLP, Counsel
  • New York Independent System Operator, Inc., Legal Intern
  • National Fuel, Inc., Law Clerk

Alerts