Experience
Breach of Contract. Represented a local Bay Area public entity named as a defendant in a contract dispute concerning allocated design and construction costs relating to a $2.2 billion capital improvement program on a large regional wastewater facility. David co-lead the defense team in a 7-week jury trial that resulted in a complete defense verdict for the client.
Breach of Contract. Represented a large state Department of Transportation entity in a $900 million design/construction dispute. David served as one of the lead attorneys in a 6-week arbitration hearing handling significant tasks including cross-examining the Claimant’s key damages experts. As a result of the extensive and successful defense strategies, the matter resulted in a highly-favorable post-hearing settlement.
Breach of Contract. Represented a large, local, public port in the defense of a $300 million claim brought by a national terminal operator alleging numerous violations, including several against California’s Tidelands Trust Act.
Breach of Contract. David represented a prolific rock band in an action against its record label for breach of contract concerning royalty payments. Against potential claims of expired limitations periods, David attacked the viability of the underlying recording agreements and ultimately forced defendant to pay all outstanding royalties to client.
Copyright Infringement. A popular game manufacturer retained David to prosecute a copyright infringement action against a counterfeiting ring comprised of local and China-based corporate and individual defendants who sold knock-off products in the United States and abroad. After extensive discovery efforts, David achieved a stipulated judgment against defendants that required payment to the client of the maximum statutory damages allowable under the law for willful copyright infringement, as well as a permanent injunction against the future sale of counterfeit products.
Domain Name Dispute. Represented a local world-renowned science and education museum as a plaintiff in a dual trademark infringement action and domain name dispute against a competing science museum. David successfully prevailed in the Uniform Domain-Name Dispute-Resolution Policy (UDRP) proceeding resulting in the forced transfer of defendant’s domain name to client, and thereafter resolved the federal infringement action with defendant’s complete relinquishment of all offending use of client’s trademarks.
Trademark Infringement. Represented the National Football League Properties, LLP and a local National Football League franchise in multiple trademark infringement and false designation of origin matters against defendants in connection with their unlicensed use of trademarks and sale of merchandise. Through the rapid initiation and prosecution of legal proceedings, clients achieved favorable monetary settlements and consent decrees prohibiting similar future conduct by defendants.
Trade Secret Dispute. Represented a public entity defendant in a multi-million dollar software trade secret dispute brought under the California Uniform Trade Secret Act (CUTSA) and federal Defend Trade Secret Act (DTSA). Through multiple successful motions for summary judgment, all eleven causes of action were dismissed in their entirety, permitting the client, as the prevailing party, to seek recovery of all incurred fees and costs.
Software Service Agreements. David represented an emerging software company in negotiations with a global media and entertainment corporation in connection with a valuable business services agreement. Throughout the negotiations, David protected his client’s software development and intellectual property rights resulting in a mutually beneficial transaction.
