David Pustilnik

Senior Counsel

david_pustilnik_bioDavid is a skilled litigator who has represented clients in a wide range of litigation in both the trial court and appellate levels in numerous state and federal jurisdictions. He has extensive experience in complex commercial litigation, consumer finance litigation, class action defense, and business litigation. David has served as first chair trial counsel for his clients and has won critical victories in many high-stakes disputes.

David has a track record of success in defending several well-known organizations in litigation arising out of various state and federal consumer protection laws. In addition, David has significant experience in both defending and prosecuting various complex commercial litigation matters related to disputes between merchants in various industries. David is also a skilled negotiator, using an even-handed approach in negotiating favorable settlements in a significant number of matters he has overseen.

Before joining Esbrook Law LLC, David was a litigation attorney at Winston & Strawn LLP. David has been recognized as a “Rising Star” by Super Lawyers Magazine in Illinois.


Representative Matters
  • Nickerson-Reti v. Bank of America, N.A.: First-chaired bench trial in the District of Massachusetts and won a verdict in favor of Defendant where Plaintiff sought an eight figure judgment alleging claims sounding in breach of contract and fraud.
  • In re JUUL Labs, Inc. Marketing, Sales Practices and Products Liability Litigation: Representation of retailers and dealers of JUUL products in connection with nationwide multi-district litigation now pending in the Northern District of California.
  • Alvarez v. Nature’s Bounty, Inc.: Assisted in the defense of class action suit alleging false label claims relating to the sale of biotin supplements, and helped draft initial Rule 12 brief resulting in the defeat of Plaintiffs’ request for injunctive relief.
  • In re Big Heart Pet Brands Litigation: Assisted in the defense of class action suit alleging false label claims relating to the sale of dog food, and helped draft initial Rule 12 brief addressing 47 count Master Consolidated Complaint resulting in the defeat of Plaintiffs’ request for injunctive relief and significantly narrowing the number of claims alleged.
  • Fendon v. Bank of America, N.A.: Won dismissal of claim for violation of the Truth in Lending Act on issue of first impression seeking late rescission of mortgage loan. Proceeded to brief the matter on appeal before the Seventh Circuit, resulting in affirmation of dismissal. (Fendon v. Bank of Am., N.A., 877 F.3d 714 (7th Cir. 2017)).
  • Rubino v. Bank of America, N.A.: Represented Defendant as lead counsel in defense of claim for violation of Fair Credit Reporting Act stemming from alleged improper post-bankruptcy petition reporting to credit bureaus. After filing of initial Rule 12 brief by Defendant, Plaintiff opted to voluntarily dismiss lawsuit rather than proceed with litigation.
  • Confidential Diamond Dispute Litigation: Obtained a favorable settlement shortly before trial on behalf of Defendant who is the largest producer of branded Canadian diamonds in the world after extensive summary judgment and Daubert motion briefing related to claims filed by retailer for breach of contract, fraud, and breach of warranty.
  • Confidential Breach of Contract Litigation: Obtained a favorable settlement on behalf of Plaintiff subsidiary of one of the largest lawn and garden suppliers, where parties countersued each other for breach of contract stemming from a Supply and Distribution Agreement for the supply of a compound commonly used in the formulation of pesticides.
  • Confidential Breach of Indemnity Agreement Litigation: Obtained a favorable settlement on behalf of Plaintiff, who is one of the largest lawn and garden suppliers, where Defendant wrongfully refused to indemnify Plaintiff against claims made in a separate patent litigation suit where both parties were named defendants.