Overview

David serves as the firm’s Managing Partner.  For nearly three decades, David has represented large and mid-size companies in employment and business litigation.

As an employment litigator, David has defended employers in the full range of disputes, with a particular emphasis on disability, race and gender discrimination, wrongful termination, whistleblower and other retaliation claims.

As a business litigator, David has represented organizations in complex commercial disputes, including business contracts, commercial leases, licensing deals, and shareholder disputes.

David has first-chaired more than 30 jury trials to verdict.

Notable Representations

Employment Litigation

• Lead trial counsel to advertising agency and managerial employee sued for sexual harassment and retaliation by a former employee seeking more than $2 million in compensatory plus punitive damages. The jury found for the agency and management employee on all claims.
• Lead trial counsel for national health care provider in case brought by former employee alleging retaliation, wrongful termination and associational disability. All but one claim was disposed of, and Plaintiff was awarded less than 5% of requested damages. Click here for a portion of David’s cross-examination of the Plaintiff.
• Represented international big box retailer in disability and wrongful termination suit brought by former employee, obtaining summary judgment at the trial court level and affirmance of the judgment on appeal.

Commercial Litigation

• Represented MSC.Software in breach of contract and fraud suit against customer. The jury returned a $1.4 million verdict in MSC’s  favor.  Click here to read the court’s Order affirming jury’s verdict in client’s favor.
• Obtained summary judgment in favor of Thomson-Reuters in breach of contract suit seeking more than $3 million in damages.
• Defended San Francisco International Airport in multi-million dollar breach of commercial lease suit brought by former landlord.  Obtained complete defense verdict in multi-week jury trial and a six-figure attorney’s fees award.

Education

University of Michigan Law School
University of Southern California (B.A., Political Science, International Relations)

Admissions

Bar Admissions
California
Ohio

Court Admissions
U.S. District Court for the Central, Northern & Southern Districts
U.S. District Court for the Northern District of Ohio
U.S. Court of Appeals for the Ninth Circuit

Prior Affiliations

San Francisco City Attorney’s Office
Schiff Hardin (f.k.a., Morgenstein & Jubelier)
Manatt Phelps Phillips LLP
Baker & Hostetler LLP

Memberships

California Minority Counsel Program, Board Member

Publications/News

The Rutter Guide, Claims & Defenses