Mr. Durning is a commercial litigator with significant experience in state and federal – and civil and criminal – court, as well as international arbitrations. The author (with Michael Romey and Karen Leviton) of a chapter on causation standards in a practitioner’s guide, Mr. Durning has particular expertise in matters involving complex and technical issues of causation and damages. Mr. Durning has been the lead associate on several successful summary judgment / summary adjudication motions, and other pretrial motions in limine, discovery motions and related proceedings. He is experienced in the taking and defending of depositions and has delivered numerous oral arguments to the court.
His signature matters include:
- Lead associate on successful motion seeking summary adjudication of a key issue in case involving assignment of assets in a complex series of corporate mergers and divestitures
- Lead associate on successful motion opposing summary judgment in commercial indemnity case
- Lead associate on complex damages analysis in connection with premature retirement of an electric power plant
- Casework in the securities, construction, aerospace, biopharmaceutical, heavy manufacturing, and insurance coverage industries
As an active participant in the firm’s pro bono program, Mr. Durning has litigated elder abuse and probate proceedings, obtained restraining orders and other relief for victims of crimes, and successfully represented multiple seekers of asylum.
Mr. Durning is a graduate of Columbia Law School, where he was a Harlan Fiske Stone Scholar and an Articles Editor of the Columbia Business Law Review. During law school, he worked for the Securities and Exchange Commission, the US Attorney for the Southern District of New York, and the New York County (Manhattan) District Attorney. He also served as a judicial extern to the Honorable Robert D. Sack of the Second Circuit Court of Appeals.