Barclay Damon
Barclay Damon

David M. Cost

David M. 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

David Cost is a litigator who counsels a broad array of clients across multiple industries, including commercial clients and individuals on the local, state, and national level. He has successfully represented clients in personal injury, property damage, civil rights, subrogation, and commercial litigation lawsuits in both state and federal court at the trial and appellate level.

David also specializes in mass tort litigation claims involving exposure to toxic chemicals, including representing corporate clients in asbestos cases around the country and lead paint matters. He also has experience in matters involving complex business disputes, claims brought under New York State Labor Law, workers compensation group self-insurance trusts, media law, defending municipal entities, and insurance defense, which includes both jury trial and substantial motion practice.

Pro bono work also plays a significant role in David’s legal practice. In 2011, the Legal Project of Albany awarded him the prestigious Stanley J. Rosen Memorial Award for his pro bono service to victims of domestic violence. He also was lead trial counsel for a prisoner plaintiff in a federal civil rights matter for the denial of Constitutional Due Process Rights and Equal Protection Violations.

David has also been a presenter at multiple national conferences and serves on several firm and organizational committees. He began his career with the firm as a summer associate in 2005 and he served as a legal clerk to two energy and utility companies while attending law school.

Representative Experience

  • Representation of global manufacturers, suppliers, contractors, premise owners, and municipalities in defense of mass tort claims for exposure to asbestos in cases across the United States. Assistant trial counsel in jury trial in 2008, apportioning 98 percent of verdict to other entities. Successful on numerous summary judgment motions obtaining dismissal of complaints.
  • Counsel to international clients with regard to the defense of claims brought by injured construction workers under New York State Labor Law.
  • Counsel to hundreds of former members of group self-insurance workers compensation trusts involving multi-million claims brought by the New York State Workers Compensation Board seeking judgments for alleged self-insured liabilities and multi-party commercial litigation claims against the former program administrator, accountants, actuaries, brokers, officers and trustees of trust.
  • Counsel for multiple premise owners and businesses, from national grocery retailers to local businesses, in matters involving premises, product liability, and lead paint personal injury claims brought by the plaintiffs, resulting in a defense verdict dismissing the claims and several decisions on summary judgment.
  • Representation of businesses prosecuting and defending complex breach of contract matters, including alleged breaches of fiduciary duty, fraud, and claims for indemnification.
  • Representation of a high-level state official and business in major civil rights actions involving constitutional due process issues and allegations of the denial of First Amendment and Equal Protection Rights.
  • Representation of insurers in subrogation actions to recover insurance proceeds paid due to the negligence of defendants and trial counsel for insurers in the defense of first-party claims under insurance agreements.
  • Representation of energy clients in defense of personal injury claims related to electrical grid operations and natural gas operations locally and abroad.

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

  • Defense Research Institute, Asbestos Medicine Committee (Young Attorney Liaison 2011; Vice-Liaison 2010) 
  • American Bar Association 
  • New York State Bar Association 
  • Federal Court Bar Association for the Northern District of New York 
  • Albany County Bar Association

Civic Activities

  • Legal Project of Albany Pro Bono Clinic, Volunteer
  • Capital Region Chamber of Commerce’s Leadership Tech Valley Program, Class of 2018

Speaking & Publications

  • "Depositions: Challenges of the Past When Litigating in the Present," DRI Asbestos Medicine Seminar, November 5, 2015
  • “Taking and Perfecting The Appeal,” Intro To Civil Practice Skills: Torts, Personal Injury and Insurance Law, New York State Bar Association, October 29, 2015
  • "NY Court Cuts Back on Runner Doctrine," Law360, August 20, 2014
  • Co-Author, "Crisis at Workers' Compensation Board Continues," Law360, May 14, 2014
  • "Apportioning Liability in Jurisdictions With Fault Allocation: Sorting Out Verdict Form and Other Complexities Given That Today's Cases Name Dozens of Parties as Liable for Exposure," American Conference Institute's 15th National Advanced Forum on Asbestos Claims & Litigation, October 8, 2013
  • Panel Moderator, "Young Lawyers 101," Defense Research Institute Asbestos Medicine Seminar, November 8, 2012
  • “Handling a Prisoner Case CLE Program,” Northern District of New York Federal Court Bar Association, November 2010 
  • “Imputed Disqualification and Public Perception," New York Professional Responsibility Report, June 2007

Honors

  • Selected to Super Lawyers Upstate New York Rising Stars: Civil Litigation, 2016-2018
  • Martindale-Hubbell Client Distinction Award, 2012
  • The Legal Project of Albany's Stanley J. Rosen Memorial Award for Pro Bono Service, 2011 
  • New York State Bar Association Empire Counsel Honoree, 2008 and 2011

Prior Experience

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

Alerts