David advises and represents companies and individuals in complex business disputes.  David has advised and represented clients in a broad range of matters, including real estate, partnership, business torts, trade secrets, copyright, trademark, entertainment, unclaimed property, contracts, securities, unfair competition, insurance and other business disputes.  David also has experience in the area of creditor’s rights, including pre- and post-judgment remedies.  In addition to representing clients in both state and federal trial courts, David has represented clients at both the state and federal appellate level (most recently, having prevailed after oral argument before the U.S. Court of Appeals for the Ninth Circuit).  Corporate clients David has represented include financial services, real estate, entertainment, media, manufacturing, apparel, garment, health care, insurance, aerospace, food and beverage services, retail department store and communications companies.

Every year since 2014, David has been selected to the Southern California “Super Lawyers” list published by Thomson Reuters and Los Angeles magazine, an honor received by no more than five percent of all lawyers in Southern California.

Before joining the firm, David was a partner at the global law firm SNR Denton (formerly Sonnenschein Nath & Rosenthal, now Dentons).  David utilizes his “big firm” background and experience to provide clients with a high level of expertise and advice, but at “small firm” rates so that clients receive exceptional value for his legal services.

Notable Successes and Representative Matters

Partnership and Business Contract Disputes

• After trial, prevailed in business dispute between two co-owners of commercial property, securing seven-figure judgment on client’s partition and accounting claims and obtaining complete defense victory on opposing co-owner’s breach of fiduciary duty claim.
• Obtained summary judgment on behalf of managers of limited liability company (international franchisor) in lawsuit brought by co-manager (also the company’s largest member/owner) over control of the company and alleged breaches of fiduciary duty.
• After three-week arbitration, successfully defended members and managers of limited liability company in claims brought by company’s former manager and largest member relating to company’s ownership, management and operating agreement.
• After securing dismissal of embezzlement-related claim, obtained favorable settlement on behalf of company president / co-owner in lawsuit filed by other co-owner related to handling of company finances.
• Obtained complete defense victory in arbitration on behalf of law firm against party seeking to enforce asset location services agreement whereby law firm and party agreed to coordinate asset location activities against common third-party debtor.
• Obtained dismissal of federal breach of contract lawsuit filed against tire pressure system manufacturer.

Media/Entertainment/Intellectual Property

• After multiple-day arbitration that established liability of defendant, obtained favorable settlement on behalf of investor who alleged improper diversion of his multi-million dollar investment intended for the development and production of Broadway musicals.
• After securing dismissal of fraud cause of action, obtained favorable settlement on behalf of music publishing, merchandising and artist management companies in dispute between current and former members of famous hard rock band over control of original band’s valuable intellectual property.
• On behalf of magazine publisher, obtained dismissal of lawsuit filed by fitness models alleging improper and unauthorized publication of their photos.
• Represented fabric companies in copyright infringement lawsuits.
• Represented financial services company in lawsuit brought by production company over cancelled Super Bowl television advertisement.
• Represented major newspaper in lawsuit arising out of employee’s embezzlement.

Financial Services/Real Estate                                         

• Obtained dismissal resulting in no liability on behalf of major escrow services company in class action lawsuit brought by investors in major apartment complex.
• After defeating application for temporary restraining order and preliminary injunction in state court action and successfully moving to transfer related federal court action, obtained favorable settlement for major lending institution in state and federal lawsuits filed by borrowers arising from loans issued to borrowers to finance purchase of hotel properties throughout United States.
• After defeating motion to dismiss client’s federal counterclaim, obtained favorable settlement on behalf of Fortune 500 real estate and financial services company in lawsuit brought by major long-distance carrier alleging breach of telecommunications contract, fraud and deceptive business practices.
• After successful summary adjudication motions, obtained combined judgments in excess of $10 million on behalf of major health care company in three related lawsuits against purchaser of company’s Southern California medical clinic business arising from purchaser’s failure to comply with lease obligations of acquired medical clinics.
• Represented coastal property owners in dispute with state agency and non-profit organization concerning opening of public beach accessway.
• Represented various companies in commercial lease disputes.

Securities/Shareholder

• Prevailed on dispositive motion resulting in dismissal of stock transfer agent in lawsuit brought by Canadian company shareholders who alleged, in seven-figure damages claim, that transfer agent wrongfully refused to remove restrictive legend from shareholders’ stock certificates.  That dismissal was upheld on appeal after oral argument before the U.S. Court of Appeals for the Ninth Circuit.
• Obtained dismissal resulting in no liability on behalf of publicly traded partnership (“PTP”) in lawsuit brought by trustee regarding trust’s shareholder interest in PTP.
• After securing dismissal of breach of fiduciary duty claim filed by shareholder of publicly traded company against company’s stock transfer agent, settled shareholder lawsuit on extremely favorable terms to stock transfer agent.
• Obtained dismissal of complaint against shareholder services company alleging improper escheatment of property.
• Represented former director of Fortune 500 company in federal and state shareholder derivative actions brought against current and former company officers and directors alleging improper stock options backdating.

Manufacturing/Distribution/Franchise

• Negotiated termination of franchise agreement on behalf of franchisee due to COVID-related business interruption.
• Obtained favorable settlement on behalf of major portable shelter manufacturer in lawsuit brought by former Chinese supplier arising from manufacturer’s termination of business relationship.
• Obtained favorable settlement on behalf of major tire manufacturer in lawsuit brought by former Mexican distributor challenging manufacturer’s termination of distributorship.
• Represented national retail pharmacy franchisor in dispute with franchisee concerning termination of license agreement.

Insurance Defense

• Obtained summary judgment on behalf of defendants (tractor-trailer driver and his alleged superiors/employers) in wrongful death lawsuit filed by family of deceased tractor-trailer driver involved in one of a series of three, multi-vehicle highway accidents.
• Represented insurance company in lawsuit filed by severely-injured plaintiff seeking multi-million dollar damage award; lawsuit was dismissed on summary judgment.
• Represented insurance company in lawsuit filed by trucking company arising from alleged theft, damage and recovery of tractor trailer and cargo.

Education

University of Southern California School of Law, J.D. – 1998

University of Southern California, B.A., magna cum laude, International Relations - 1993

Honors and Awards

Selected to Southern California “Super Lawyers” list in the field of business litigation as published by Thomson Reuters and Los Angeles magazine – 2014 through 2024

Pro Bono Advocate of the Year, Sonnenschein Nath & Rosenthal Los Angeles office – 2007

Senior Editor, Southern California Law Review – 1997-98

Organizations, Community Service and Pro Bono Activities

David is a member of the Los Angeles County Bar Association and the Association of Business Trial Lawyers.  Additionally, he has served as a vice-chairman on the Board of Trustees of the Providence Little Company of Mary Foundation, which raises funds to support affiliated hospitals and other health care facilities and programs in the South Bay, Peninsula and Harbor communities of Southern California.  David currently serves on the Audit Committee of the Foundation.  David also has served as a volunteer soccer coach for AYSO.

As a third-generation Trojan, David also enjoys being involved in various USC alumni groups.

In addition, David has devoted significant time to pro bono matters.  He has represented persons seeking asylum in the United States, including the successful representation of a Syrian citizen in U.S. Immigration Court.  He also has served as a guardian ad litem for the Los Angeles County Juvenile Dependency Court.

Speaking Engagements

“The New California E-Discovery Rules” – Sonnenschein Nath & Rosenthal CLE Seminar for In-House Counsel, 2010