Overview

David is a partner of the Cybersecurity and Data Privacy litigation practice team, and he is associated with the Los Angeles office.

David specializes in defending companies who face class action lawsuits, generally resulting from data security incidents and resulting notifications. He also has ample experience defending companies that face class actions that result from the alleged misuse of website tracking technologies. David is closely familiar with California privacy statutes concerning these tracking technologies, including the Consumer Privacy Act (“CCPA”) and the Invasion of Privacy Act (“CIPA”).  His experience is not limited to California law, as he has defended companies involved in cybersecurity litigation in states across the nation. Notably, David is defending several companies in New Jersey that face allegations concerning Daniel’s Law.

David is also a trial attorney who has tried and arbitrated cases across a broad range of issues, including trade secrets, employee benefits and compensation matters, defamation, business-to-business litigation, and complex contractual disputes. He has represented clients across a variety of industries and economic sectors, which gives him added insight and sensitivity to the business needs of his clients. David has led class action defense in other areas before focusing on data privacy and security, including claims arising under ERISA, various state deceptive trade practices acts, and securities law issues.

Honors & Recognition

  • Best Lawyers in America®, ERISA Litigation (2019)

About Me

David enjoys watersports and outdoor adventures, preferably with his wife and three children.

Experience

Representative Matters

  • Obtained jury verdict for manufacturing employer against former employer asserting claims for severance and other compensation under contract and state wage claim laws
  • Obtained jury verdict for agricultural client against former CEO asserting compensation and benefits claims
  • Obtained jury verdict for banking employer against former employees for breach of confidentiality agreement and customer raiding claims
  • Obtained jury verdict for national freightliner dealer in breach of contract case
  • Obtained defense verdict for former employee accused of conversion and other misappropriation of company property in bench trial
  • Obtained defense verdict for former executive in private arbitration against national brokerage firm on contractual and defamation claims arising under severance agreement in bench trial
  • Defeated challenge from losing bidders on behalf of successful bidder for Nebraska’s comprehensive Medicaid managed-care program for physical health, behavioral health, and pharmacy services in bench trial
  • Obtained verdict for medical provider against State agency on compensation and benefits claims in ALJ trial
  • Obtained defense verdict for former FINRA broker against large brokerage house on claims against broker and award of damages on counterclaim for defamation in FINRA arbitration
  • Obtained summary judgment for members of employee stock ownership plan’s administrative committee in multi-million dollar claim for benefits
  • Obtained summary judgment for large equipment manufacturer and dealer on claims of age discrimination and wrongful termination

Credentials

Education

Creighton University School of Law

  • J.D., magna cum laude, 2005
  • Student Articles Editor, Creighton Law Review

University of Nebraska

  • B.A., English, 1993

Media

Professional & Civic Associations

Professional

  • American Employment Law Council, Member 

Admissions

  • California, 2019
  • Nebraska, 2005
  • U.S. Supreme Court
    U.S. Court of Appeals, Eighth and Ninth Circuits
  • U.S. District Court - CA - C.D., E.D., N.D., S.D.
  • U.S. District Court, NE
  • U.S. District Court - IL - N.D.

“It pays to be obvious, especially if you have a reputation for subtlety.”

Isaac Asimov
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