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David Sager

David S. Sager


David is a defense-side litigator who represents global brands and consumer products companies in high-stakes class actions, franchise litigation, and disputes arising out of mergers and acquisitions.  During a career of more than 30 years, David has been lead and national coordinating counsel in hundreds of matters in New Jersey, federal and state courts throughout the United States, and internationally. He has successfully litigated, arbitrated, and tried scores of cases, including multi-million member class actions, franchise matters, and complex commercial disputes, as reflected in numerous district and appellate court decisions.

David is a member of the firm's North American Pro Bono Committee.

Bar admissionsNew JerseyNew York


Representative Engagements
  • Leading hospitality brands in arbitrations relating to disputes under licensing agreements in the United States, Latin American, and China
  • Leading hospitality brands in premises liability disputes in federal courts throughout the United States.
  • Leading timeshare developers and exchange companies in defending against consumer class actions, group actions, and arbitrations 
  • An airline servicing company in arbitration arising from the acquisition of a aviation fueling and ground handling services businesses
  • A diversified company in defending claims in arbitration and federal court arising from the divestiture of industrial businesses 
Representative Opinions
  • Doe v. Red Roof Inns, Inc., 21 F. 4th 714 (11th Circ. 2021), affirming dismissal of TVPRA and related claims against hotel franchisors brought by alleged victims of human trafficking at franchised hotels
  • DuBose v. Wyndham Vacation Resorts, Inc., 2012 WL 3145206 (D. Del. 2021), dismissing putative class action against timeshare developer
  • S.J. v. Choice Hotels International, Inc., 473 F. Supp. 3d 147 (E.D.N.Y. 2020), dismissing TVPRA claim against hotel franchisor
  • Wyndham Hotel Group International, Inc. v. Silver Entertainment LLC, 2018 WL 1585945 (S.D.N.Y. Mar. 28, 2019), granting plaintiff's motion for summary judgment as to plaintiff's affirmative claims and defendants' counterclaims arising from the termination of a franchise agreement
  • Madama v. Genesis Rehab Services, 2014 WL 3695976 (D.N.J. July 24, 2014), granting defendants' motion for summary judgment on plaintiff's claims arising under section 43(a) of the Lanham Act and for violation of the common law right of publicity and unjust enrichment
  • Barton v. RCI, LLC, 2014 WL 1293326 (D.N.J. Mar. 31, 2014), denying plaintiffs' motion to certify a class comprised of members of timeshare exchange program
  • Wyndham Hotels and Resorts, LLC v. Northstar Mt. Olive, LLC, 2013 WL 1314747 (D.N.J. March 28, 2013), granting plaintiff's motion for summary judgment and finding defendant liable under sections 34 and 43 of the Lanham Act and for breach of the parties' franchise Agreement
  • Days Inn Worldwide, Inc. v. May & Young Hotel-New Orleans, 2012 WL 6625627 (D.N.J. Dec. 19, 2012), entering trial judgment in favor of Days Inn Worldwide, Inc.
  • Grant v. Turner, 2011 US Dist. LEXIS 49120 (D.N.J. May 6, 2011), granting defendant RCI's motion to dismiss in putative class action, including RICO claim
  • Robbins & Myers, Inc. v. J.M. Huber Corp., 274 F.R.D. 63 (W.D.N.Y. 2011), granting defendant Huber's motion to compel and for sanctions
  • Crete v. Resort Condominiums Int'l, LLC, 2011 US Dist. LEXIS 14719 (D.N.J. Feb. 14, 2011), granting defendant RCI's motion to dismiss putative class action, including RICO claim
  • Goldwell of New Jersey, Inc. v. KPSS, Inc., 622 F. Supp. 2d 168 (D.N.J. 2009), granting, in part, manufacturer KPSS's motion for summary judgment
  • Days Inn Worldwide, Inc. v. BFC Management, Inc., 544 F. Supp. 2d 401 (D.N.J. 2008), granting summary judgment to Days Inn on claims for infringement under the Lanham Act and as to liquidated damages
  • Travelodge Hotels, Inc. v. Honeysuckle Enterprises, Inc., 2005 US Dist. LEXIS 27791 (D.N.J. Nov. 7, 2005), granting judgment in favor of Travelodge on its complaint and against defendants on their counterclaim after bench trial; aff'd, 244 Fed. Appx. 522 (3d Cir. 2007)
  • Ramada Franchise Systems, Inc. v. Cusack Development, Inc., 1999 US Dist. LEXIS 7422 (S.D.N.Y. March 24, 1999), granting Ramada's motion for summary judgment as to both its affirmative claims and defendants' counterclaims and upholding the liquidated damages provision
  • J.D., Duke University
  • B.A., University of Michigan
    with distinction


Chambers USA

  • Band 3, Nationwide Franchising (2017-2024)
Additional Awards
  • The Best Lawyers in America® (2006-2017)
  • Who's Who Legal, The International Who's Who of Business Lawyers (Franchise 2013-2016)
  • BTI Client Service All-Star, BTI Consulting Group, for outstanding client service (2013, 2017 and 2022)

Pro Bono

David is actively involved in pro bono matters and causes and serves on the firm's North American Pro Bono Committee. David currently is working with Kansas Appleseed Center for Law & Justice, the National Center for Youth Law, and Children's Rights in representing a putative class of all foster children within the State of Kansas seeking to remedy the systematic shortfalls of the State's child welfare system.


  • Speaker, "What Could Possibly Go Wrong: An Overview of Indemnification, Insurance, and Other Significant Contract Provisions," Parsippany, NJ, October 7, 2014 
  • Speaker, "Equitable Doctrines and Legal Principles Affecting Franchise Disputes: Res Judicata, Collateral Estoppel,Waiver and More," American Bar Association's 36th Annual Forum on Franchising, Orlando, FL, October 16 – 18, 2013

Prior Experience

Sager previously chaired the Commercial and Business Litigation practice and the Franchise and Distribution practice at a prominent business law firm.

Civic and Charitable Involvement

  • Board Member (Vice Chair) of BlinkNow, non-profit funder of Kopila Valley Children's Home, School, and Women’s Center in Nepal

Memberships And Affiliations

  • American Bar Association, Litigation Section and Forum on Franchising
  • Association of the Federal Bar of the State of New Jersey