Barclay Damon
Barclay Damon

David G. Burch

David G. Burch

Partner

p: 315-425-2788

f: 315-425-8588

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Syracuse Office

Barclay Damon Tower
125 East Jefferson Street
Syracuse, New York 13202

David Burch has broad experience with commercial litigation, tax litigation, white collar criminal defense, and project development matters.

David litigates in state, federal, and administrative courts and has handled numerous administrative tax hearings and appeals, Article 78 proceedings, as well as state and federal civil and criminal cases. The wide-ranging subject matters David has handled include disputes with the New York State Department of Taxation & Finance and the Internal Revenue Service, real property tax disputes, contract disputes, ERISA compliance issues, bankruptcy matters, and Medicare and Medicaid compliance issues.

David also represents businesses and individuals with respect to responses to criminal subpoenas from State and Federal prosecutors and defends businesses and individuals facing federal and State criminal prosecutions. He also conducts internal investigations and provides guidance on compliance issues.

David routinely assists clients ranging from individuals to major international corporations in obtaining and protecting promised tax and other benefits. He advises businesses on project development matters and assists clients in maximizing available benefits under the New York State Empire Zones Program, the Historic Rehabilitation Tax Credit Program, the Brownfield Credit Program, the New Markets Tax Credit Program, as well as other development incentives. David also counsels clients with regard to the formation of business entities, asset and stock transactions, and numerous other types of business transactions.

David also serves as the firm's Hiring Partner and is a member of the firm’s higher education team. He regularly counsels higher education clients regarding a range of matters.

Representative Experience

  • Represented numerous companies in litigation with the New York State Department of Taxation and Finance to protest notices of deficiency arising out of denial of Empire Zones program credits. Obtained judgments following hearing before Division of Tax Appeals aggregating in the millions of dollars.
  • Represented numerous companies in litigation regarding denial of Qualified Emerging Technology Company tax credits (QETC). Settled cases on favorable terms.
  • Represents Universities and individuals in connection with National Collegiate Athletic Association (NCAA) compliance matters.
  • Represented a private New York university in connection with criminal investigations involving accusations against staff members.
  • Represented a private New York university in connection with a NCAA investigation.
  • Represents a university regarding ongoing campus facility expansion and redevelopment projects.
  • Resolved numerous disputes regarding student discipline and academic fraud through both negotiated settlements and final judgments in litigated matters.
  • Represented developer of power plant in audit of Brownfield Tax Credits. Resulted in payment of multi-million credit as claimed by taxpayer.
  • Represented investor in food production company with respect to embezzlement by officer. Obtained temporary restraining order, followed by negotiated resignation.
  • Represented a manufacturer of automotive parts in negotiations and litigation with the New York State Department of Taxation & Finance regarding income taxes with respect to disputes over Empire Zone tax credits. 
  • Represented numerous businesses in summary Article 78 proceedings challenging the actions of several New York State agencies.
  • Represented medical professionals involved in litigation regarding an asset purchase agreement and alleged defamation. 
  • Represented real estate developer in real property tax dispute leading to a 60% reduction in real property tax assessments. 
  • Assisted in defense of the owner of an employee leasing company charged with tax evasion and failing to pay withholding tax. 
  • Represented not-for-profit development corporation charged with federal tax evasion through sentencing and post-sentencing supervision. 
  • Represented individuals in the closing of the purchase of all the assets of a trucking company in a heavily regulated industry and in ensuring that the new owners were in full compliance with Federal, State, and Local regulations. 
  • Represented an nursing home operator in the correction of 401(k) Plan tax qualification failures under the IRS' Employee Plans Compliance Resolution System (EPCRS). 
  • Represented boat dealer in civil tax litigation on parallel course with criminal tax prosecution involving collection and remittance of sales tax. 
  • Represented real estate development company in management, sale and development of real estate assets. 
  • Represented a software company in the correction of breaches of fiduciary duties under the Department of Labor’s Voluntary Fiduciary Correction Program (VFCP). 
  • Assisted in compliance and termination of a paper products manufacturer’s employee benefit plans ESOPs, 401(k) Plans, and 403(b) Plans each with more than 100 participants. 
  • Obtained the dismissal of a federal civil rights complaint against individual in District Court and on appeal to the Circuit Court. 
  • Successfully defended appeal of estate matter regarding disposition of liquid and real estate assets. 
  • Represented healthcare provider in Government audit of Medicare and Medicaid billing practices. 
  • Defended healthcare provider against assessment for overpayment of Medicaid reimbursement.

Practice Areas

Education

  • Albany Law School of Union University, J.D., cum laude, Senior Editor, Albany Law Review, 2006
  • State University of New York at Albany, B.A., summa cum laude, 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. District Court, Southern District of New York
  • U.S. District Court, Eastern District of New York
  • U.S. Court of Appeals, 2nd Circuit

Memberships & Affiliations

  • New York State Bar Association

Civic Activities

  • Cazenovia Preservation Foundation, Board of Directors, Vice-President

Speaking & Publications

Honors

  • Super Lawyers Magazine, 2015, 2016 Rising Star for Business Litigation

Prior Experience

  • Hiscock & Barclay, LLP, Partner
  • Green & Seifter, Attorneys, PLLC, Associate
  • Office of Federal Magistrate Judge David R. Homer, Intern

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