David A. Scupp

New York Office
T: 212.350.2783
F: 212.350.2701

dscupp@constantinecannon.com
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David A. Scupp is a partner in Constantine Cannon’s New York Office. David concentrates his practice on antitrust litigation and counseling, as well as other commercial disputes. He has successfully represented corporations, directors, officers, and individuals in a variety of industries, both as plaintiffs and defendants, before numerous federal and state courts and in arbitration proceedings.

David’s notable litigation experience includes:

  • Representing over 65 of the nation’s largest merchants as antitrust plaintiffs in litigation against payment card networks and issuing banks.
  • Representing independent pharmacies in antitrust and commercial disputes, including in litigation and arbitration, against Pharmacy Benefit Managers.
  • Representing a putative class of riders in an antitrust action against ride hailing company.
  • Representing a U.K. sportswear and equipment manufacturer in defamation action against premium cable network.
  • Defending private equity firm, its portfolio beverage companies, and their former directors, in shareholder derivative action.
  • Defending large government contractor in international arbitration proceedings.
  • Representing an owner and operator of television stations across the U.S. in retransmission consent dispute with major cable company.
  • Defending a leading test preparation company in antitrust class action.
  • Representing one of the nation’s largest privately owned banks in litigation against a top financial technology services provider.

David also has written, lectured, and been interviewed extensively on matters relating sports antitrust law. His analysis has been quoted in a wide range of national publications including USA Today, Sports Illustrated, and CBSSports.com.

David earned a J.D. from the University of Virginia School of Law in 2005, and a B.S. in Commerce, with a concentration in finance, from the University of Virginia in 2002.

 

Practice Groups

Admissions

  • New York
  • U.S. District Court for the Eastern District of N.Y.
  • U.S. District Court for the Southern District of N.Y.

Publications

The hypocrisy of big-time college sports (with Gordon Schnell) CNN, (April 1, 2014)
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The End of the Amateur Athlete Competition Law 360, (Nov. 9, 2011)
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NBA V. NBPA: Tactical Strike Or Tactical Blunder? Law360 (with Dan Vitelli), (Sept. 20, 2011)
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We've been here before, and football on Sundays survived (with Gordon Schnell) Street & Smith's Sports Business Journal, (May 9-15, 2011)
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The Real March Madness: The Failed BCS Championship and Why the Antitrust Laws Are Not the Answer (with Gordon Schnell) Competition Law 360, (March 17, 2011)
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Decertification: The NFLPA And NBPA's Nuclear Option Competition Law 360 , (Jan. 18, 2011)
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Antitrust laws do not provide answer to reforming BCS (with Gordon Schnell) Street & Smith's Sports Business Journal , (Aug. 23-29, 2010)
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The London office of Constantine Cannon is a separate and independent limited liability partnership registered in England and Wales (with registered number OC376384) with a registered office at 1 Paternoster Square, London EC4M 7DX. Constantine Cannon LLP in London is authorised and regulated by the Solicitors Regulation Authority. The word "partner" denotes a member of Constantine Cannon LLP, or an employee or consultant with equivalent standing and qualifications. The professional rules applicable to the firm are available at the SRA website at www.sra.org.uk/rules.