Daniela David
Senior Partner
Daniela is the head of the firm’s litigation department and has significant experience in labour matters and commercial and civil litigation. Besides being an active arbitrator, she is also a licensed mediator.
Daniela is one of Romania’s leading labor litigation lawyers and has significant experience in complex employment disputes, including advising on senior management misconduct and termination cases. In addition, she is an expert in large collective dismissals and employment issues related to company restructuring activities.
Dana was the lead advisor on employment issues for the two largest bank mergers in Romanian history.
During her career, Daniela has represented numerous industries including food & beverage companies, steel mills and quarry operators. Her work has included “bet the company” litigation on environmental and regulatory matters as well as representing oil companies and banks in their commercial disputes.
In the last few years, several of Daniela’s cases have “made law”, including a case which defined and limited the concept of “occupational diseases” as well as the leading case concerning the Romanian Government/Regulatory Authority for Energy regarding State help for promotion of the production of green energy. Currently she is representing a large manufacturer in contesting a State bid involving an oil pipe line (amount in controversy, Euro 200 Million).
- Represented Romania’s leading steel mill with regard to claims against the State concerning green certificates. This is a nationally important case regarding green certificates and has “made the law” in Romania regarding such matters.
- Represented a leading bank regarding an occupational health/safety matter. This case became the leading legal authority on occupational health and “made law” regarding how and when employees can make such claims against an employer.
- Assisted one of Romania’s largest construction companies in numerous litigation matters, including debt collection and insolvency cases. Value of cases is well over Euro 1.5 million.
- Assisted a top 5 Agro-business in a variety of cases and matters, including both civil and criminal litigation. Cases also included state aid, EU subsidies, administrative claims and fiscal issues. Value of the various cases over Euro 10 million.
- Assisted Romania’s leading supplier of plastic bottles on managing its litigation portfolio. This large outsourcing project included organizing and representing the client throughout Romania. Managed over 40 cases with a value of millions of Euros.
- Assisted a world leading brewery against the local authorities (i.e., City Hall) related to a concession agreement concluded between the client and the respective City Hall.
- Advised the client with respect to a claim regarding land located in the city-center of Bucharest. The value of the litigation was over Euro 50 million.
- Assisted an American manufacturer in a litigation with the environmental authorities regarding limits for emissions of the pollutant NOx, SOx, CO and PCDD/F and COV established through the authorization. In a landmark case, the environmental authorities agreed to change the limits.
- Advised the largest fixed line telecommunication company in one of the biggest competition cases in Romanian history, including representing the company before the Competition Council and Romanian courts. Specifically, Dana helped develop and implement an appropriate defense strategy during the course of the dispute and succeeded in significantly reducing the fines imposed by the Competition Council.
- Advised one of the Romania’s mobile phone operators in relation to competition issues arising out of entering into commercial arrangements related to interconnection tariffs. Specifically, Dana prepared and recommended defensive strategies, assisted company personnel in preparing for formal hearings and successfully assisted the company during hearings in front of the Competition Council. The case was won.
- Assisted a British oil company regarding its extraction/exploitation license.
- Advised Banca Translivania on labor and employment matters regarding its acquisition of Bancpost (one of the largest bank mergers in Romanian history). Work also included post-acquisition issues and integration of personnel. The project involved 1,000’s of employees.
- Assisted one of Romania’s largest banks on labor matters regarding its acquisition of a leading Austrian owned bank. One of the largest projects of its kind at the time, the project involved over 1,000 employees.
- Assisted an Italian bank with regard to the employment issues of a local merger, which involved 100’s of employees.
- Advised a world famous alcohol producer in relation to employment issues, including advising on the standardization of labour agreements and drafting and implementing internal regulations and rules as well as with the termination of the labour contract of its country manager.
- Assisted an important steel producer with a variety of labor matters and various transactions. These included managing their outsourced litigation portfolio (numbering in the 100’s of files, most of which were labor cases), the implementation of new internal rules and regulations, implementation and standardization of labor agreements, negotiating collective bargaining agreements and managing and overseeing several large restructuring projects.
- Assisted a British oil company with the investigation and disciplining of their general manager.
- Advised various banks and financial institutions (including some of the largest in Romania) with sensitive matters regarding senior management and related malfeasance, including assisting with terminations and dismissals.
- Assisted the world’s leading financial institution in relation to a large bankruptcy case, including representation before all courts, trustees, administrative judges and other interested third parties. This was the Bank’s largest client bankruptcy.
- Assisted a leading property company in Europe in relation to several group company matters, including a large insolvency case. The work included drafting the statement of receivables, representing the client in the creditors meetings as well as before courts, including in contestations filed by other creditors against certain receivables.
- Advised an international oil company in all matters related to a large bankruptcy case, including representation before all courts, trustees, administrative judges and other interested third parties and even in an arbitration tribunal (value of the litigation was over Euro 10 million).
- Represented a French construction company in numerous insolvency cases and matters. Value of the cases was millions of Euro.
- Represented Ronania’s leading steel meal in relation with multiple disputes and contestations against the fiscal authorities and their related inspections. Value of the contestations was well over Euro 10 million.
- Advised a Belgian company against the Customs Authorities in a matter involving the application of fiscal incentives. The Supreme Court of Romania ruled in favor of the client, saving millions of Euros.
- Assisted the world’s largest beer company against the Romanian financial authorities in a dispute related to certain fiscal claims by the State (her assistance to the company was undertaken both in front of the first level of the Court and in front of the Constitutional Court of Romania). Value of matter was over USD 9 million.
- Represent a leading Greek bank in a claim against the Romanian fiscal authorities regarding the reimbursement of the tax on income. Value of the case was over Euro 8 million.
- Represented one of the world’s leading telcom companies in the contestation of its tax inspection. Value of the case was well over Euro 15 million.
Education & Certifications:
- LL.B, University of Bucharest; Romania, Bucharest
- M.A., University Pantheon-Sorbonne in Paris Business Law
- Certified Mediator
Qualified:
- 1996 (Bucharest, Romania)