David F. Pustilnik
Partner
David Pustilnik is a commercial litigator who represents private equity firms, portfolio companies, and businesses in high-stakes disputes arising out of complex transactions, partnership relationships, and corporate governance.
His practice focuses on disputes involving private equity investment structures, distribution waterfalls, and post-closing M&A issues, where he is regularly called upon to handle matters involving substantial financial exposure and intricate deal mechanics. He represents clients in federal and state courts and in arbitration, including before three-member panels, and has served as first-chair counsel in significant matters.
He regularly represents clients in high-stakes disputes involving significant financial exposure, including matters arising from complex commercial relationships and private equity transactions. Clients rely on him to develop and execute litigation strategy, manage risk, and position disputes for favorable resolution, including in matters where the outcome turns on detailed contractual interpretation and complex financial analysis.
In addition to his private equity-focused work, David represents clients across a range of commercial disputes, including breach of contract, fiduciary duty, business tort, and employment-related matters. He also has experience representing clients in coordinated proceedings, including multidistrict litigation and mass tort matters. He frequently manages matters from inception through resolution, including coordinating discovery, working with experts, and handling dispositive motions, arbitration hearings, and trial preparation.
Before joining Esbrook P.C., David was a litigator at Winston & Strawn LLP, where his practice focused on complex litigation matters across multiple industries.
David has been recognized by Super Lawyers (Illinois) annually since 2019, and he is actively involved in mentoring junior attorneys.
Representative Experience (Selected 2025 Matters)
- Represented private equity investors and firms in disputes involving distribution waterfalls, partnership economics, and post-transaction governance, including securing a seven-figure settlement in a complex waterfall dispute.
- Represented private equity firm in dispute with former partner concerning redemption of ownership interests and governance issues; achieved a favorable low six-figure resolution against significant claimed exposure.
- Represented former private equity executive in arbitration concerning unpaid partnership economics and carried interest; obtained a six-figure settlement following initiation of proceedings in New York.
- Lead counsel in multiple ongoing Delaware litigation matters and multi-party arbitrations arising from private equity transactions, involving complex financial structures, valuation issues, and contractual disputes.
- Obtained a seven-figure arbitration award as first-chair counsel in a complex commercial dispute involving multiple fact and expert witnesses; successfully defended the award against vacatur and secured confirmation in the United States District Court for the Northern District of Illinois.
- Achieved a confidential seven-figure resolution on behalf of a plaintiff in an executive employment dispute involving significant compensation and separation-related claims.
- Achieved a confidential seven-figure resolution on behalf of a plaintiff in a complex insurance recovery action involving disputed coverage obligations.
- Represented a national retailer in an enforcement action brought by the Office of the Attorney General for the District of Columbia involving alleged regulatory violations; negotiated a $1.2 million settlement against claimed exposure of approximately $57 million.
- Lead counsel for distributor defendants in nationwide JUUL Labs litigation; secured dismissal of three clients in a multi-defendant action and obtained dismissal of claims against a fourth client in a related Florida proceeding.
- Obtained dismissal of three separate litigation matters in California on behalf of a provider of legal billing and practice management software, eliminating all claims at the pleading stage.