David R. Pierce
David R. Pierce is President of the Firm and a member of the Firm’s Executive Committee. He concentrates his practice on environmental and land use issues, including site remediation and cost recovery, brownfields, commercial and industrial sales, purchases and leasing, zoning and development issues. David has an environmental engineering degree and several years’ work experience as an environmental engineer.
David joined Lindabury in 1986 as an associate attorney and became a shareholder of the Firm in 1993. He has been involved in various levels of firm management since 1998, beginning with conducting performance reviews for the firm’s associate attorneys and setting annual compensation. Beginning in 2012 David led the firm’s succession planning initiative which concluded in 2014. He was elected to the position of Executive Vice President in October 2016 and then Firm President in 2017.
In addition to his environmental and land use practice, David also has a great deal of experience representing clients in shareholder disputes. David has successfully handled more than a dozen cases resulting in significant favorable settlements for his clients. In addition, David represents clients in general business activities, serving essentially as general counsel for several manufacturing businesses. In this role he provides advice on issues such as succession planning, asset and stock sales and acquisitions, and negotiates various contracts, including supply contracts, warranties, non-disclosure and non-competition agreements, buy-sell agreements, voting trusts, and stock redemption agreements among others.
Projects that David has completed recently include:
- Sale of a Mexican Maquiladora via the sale of stock of its U.S. parent companies for $19,000.000+.
- The purchase of four coal fired power plants out of bankruptcy. David was initially retained to address environmental concerns, but soon became responsible for the overall transaction and was able to negotiate favorable concessions from the bankrupt’s estate.
- Settlement of a Superfund/New Jersey Spill Act contribution claim for less than $500,000 that had an initial demand of $9,000,000. David used his engineering background to work closely with the expert in reviewing the site data and crafting a defense that was instrumental in achieving a favorable settlement.
- Oversight of a complex remediation of a former industrial property with a cost in excess of $7,000,000 and issues that included the careful excavation and removal of buried gas cylinders, as well as the drafting of contracts for the remediation and related services.
- On-going representation of a client in a large regional Superfund site consisting of an entire waterway system comprised of a tidal estuary, including intensive involvement in the allocation process.
- Successful negotiation and crafting of an intricate business succession plan for two related families and eight business entities. This complex process took over a year to devise and reach agreement on as the shareholders had very different perspectives (some were married and others were not) and different objectives. The end result was a viable succession plan funded primarily by insurance that achieved all of their divergent objectives.
- Negotiation of a settlement in excess of $3,000,00 in a shareholder oppression case between two brothers.
- Litigation of a shareholder dispute involving the principal operating shareholder of a spray drying company that resulted in a settlement in excess of $2,000,000. This was a heavily contested case that included intense motion practice and contesting of virtually all issues in the case.
- Filing a complaint in a shareholder case for an owner in a self-storage business that resulted in an almost immediate settlement of over $2,000,000 by the defendants in order to avoid litigation and litigation costs.
- Representation of a client in a contentious shareholder dispute between two brothers that resulted in the division of the business assets (3 restaurants) between the shareholders rather than a simple buy-out of one of the two brothers.
David has served as a former chairman of the Joint Environmental Committee of the Union County Alliance, Linden Industrial Association, and Union County Chamber of Commerce. He also served as the president of the Board of Trustees of the River Valley Waldorf School. David resides in Hunterdon County and enjoys a wide variety of outdoor activities, including gardening and making maple syrup.
J.D., Syracuse University College of Law, 1985
magna cum laude
B.S., Env. Eng, Syracuse University, 1979
magna cum laude
United States Court of Appeals for the Third Circuit, 1986
United States District Court District of New Jersey, 1985
Supreme Court of the United States , 1993
- Super Lawyers©, Environmental Law (2019-2020);
(This award is conferred by Thomson Reuters. A description of the selection methodology can be found at www.superlawyers.com/about/selection_process.html. No aspect of this advertisement has been approved by the Supreme Court of New Jersey.)
- Martindale-Hubbell (AV)
(This award is conferred by Martindale-Hubbell. A description of the selection methodology can be found at www.martindale.com/ratings-and-reviews/. No aspect of this advertisement has been approved by the Supreme Court of New Jersey.)
- The Best Lawyers in America©, Real Estate Law (2022);
(This award is conferred by Best Lawyers. A description of the selection methodology can be found at www.bestlawyers.com/methodology. No aspect of this advertisement has been approved by the Supreme Court of New Jersey.)
New Jersey State Bar Association