David E. Fialkow is an associate and was one of the first four attorneys in Nelson Mullins Riley & Scarborough LLP's rapidly growing Boston office.  Mr. Fialkow practices in the areas of business litigation, consumer finance litigation, civil rights litigation, administrative law, municipal law, and product liability. Mr. Fialkow is admitted to practice in the U.S. First Circuit Court of Appeals, U.S. District Court for the District of Massachusetts, U.S. District Court for the Southern District of New York, and the Massachusetts and New York state courts. 

Since joining Nelson Mullins, Mr. Fialkow has represented financial services institutions in federal and state courts in litigation involving consumer financial transactions.  Mr. Fialkow routinely handles cases involving the alphabet soup of federal and state laws, including, but not limited to TILA, RESPA, FCRA, FDCPA, HOEPA, MCCCDA and others.  Mr. Fialkow has successfully represented lenders and loan servicers in cases and appeals resulting in written and reported decisions.  A representative summary of Mr. Fialkow's reported decisions are:

• Fuller v. Deutsch Bank Nat'l Trust Co., as Trustee, No. 10-1642 (1st Cir.  Apr. 21, 2011) (affirming summary judgment  to mortgage holder on Massachusetts Credit Cost Disclosure Act, High Cost Home Loan Act, and Chapter 93A claims) 
• Melfi v. WMC Mortgage Corp., 568 F.3d 309 (1st Cir. 2009), cert denied 103 S. Ct. 1085 (2010) (affirming dismissal of TILA rescission claim  and holding hypertechnical omission on notice of right to cancel disclosure does not invalidate disclosure under the First Circuit's reasonable consumer standard) 
• DiVittorio v. HSBC Bank USA, N.A., as Trustee, 430 B.R. 26 (Bankr. D. Mass. 2010) , aff'd, 10-11292 (D. Mass. 2011), further appeal pending (granting consolidated motion to dismiss and summary judgment to mortgage holder ruling that APR and other loan disclosures were accurate and disclosed in compliance with state and federal regulations)

Mr. Fialkow also regularly handles litigation involving contract disputes, business disputes, civil rights disputes, municipal disputes, and product liability. 

Mr. Fialkow has developed and implemented the firm's student advocacy pro bono project in the Boston office. Through this program, Nelson Mullins's attorneys represent Boston area students in educational matters. 

Mr. Fialkow earned a Juris Doctor, summa cum laude, from Suffolk University Law School in 2006. While in law school, he served as note editor of the Suffolk University Law Review and was awarded the Daniel J. Fern Award for sustaining the highest cumulative average in his division at Suffolk University Law School. During law school Mr. Fialkow authored "The Media's First Amendment Rights and The Rape Victim's Right to Privacy: Where Does One Right End and The Other Begin?" 39 Suffolk U.L. Rev. 745 (2006). He earned a Bachelor of Science, magna cum laude, from Florida State University in 2002.