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Overview
Valued by clients for his ability to analyze and respond to complicated commercial litigation, David has built a strong practice representing Fortune 50 companies in state and federal courts. He focuses on a wide range of complex litigation, including securities and intellectual property litigation, class action claims, as well as other large commercial disputes. He has provided regular counsel to large public companies facing lawsuits in Arizona who value his ability to advocate both in oral and written arguments.
David’s practice includes representation of both local and national companies and their officers and directors, naturally adapting his experience across industries, including aerospace, telecommunications, and healthcare. He graduated with honors from Georgetown University Law School and completed mediation training at the Strauss Institute for Dispute Resolution at Pepperdine University School of Law. He is a past President of the Federal Bar Association and Lawyer Representative to the Ninth Circuit Judicial Conference. He currently serves on the Arizona State Bar Board of Governors and the Board of Directors at the Arizona Foundation for Legal Services and Education. He has been recognized in America’s Leading Lawyers for Business by Chambers USA and has been named multiple times as Lawyer of the Year for Phoenix in Best Lawyers® and as a Top 100 Lawyer in Arizona by AZ Business Magazine.
Representative Matters
- Oregon Public Employees Retirement Fund v. Apollo Group Inc., (9th Cir., Dec. 12, 2014)
- Kobach v. U.S. Election Assistance Commission, 772 F.3d 1183 (10th Cir. 2014)
(holding that Federal Elections Assistance Commission was not mandated to grant Arizona’s and other state requests to modify voter registration form) - Arizona v. Inter Tribal Council of Arizona, Inc., 133 S. Ct. 2247 (2013)
(holding that federal law preempted Arizona’s law requiring proof of citizenship for voter registration) - Dillard v. Schlussel, 2011 WL 1854978 (Ariz. App. 2011)
- Matrixx Initiatives, Inc. v. Siracusano, 563 U.S. ____ (2011)
- In re Apollo Grp. Inc. Sec. Litig. (D. Ariz. 2011)
- Gonzalez v. Arizona, 649 F.3d 953 (9th Cir. 2011)
- Allen v. Honeywell Retirement Earnings Plan, 698 F. Supp. 2d 1197 (D. Ariz. 2010)
- Capricorn Pharma, Inc. v. Matrixx Initiatives, Inc. 2009 WL 2567022 (D. Del. 2009)
- Honeywell Intern., Inc. v. RTF Intern., Inc., 209 P. 3d 764 (Kan. App. 2009)
- Doe v. Arizona Hosp. and Healthcare Ass’n, 2009 WL 1423378 (D. Ariz. 2009)
- Lory v. Ryan, 2008 WL 4630306 (D. Ariz. 2008)
- Premier Jets, Inc. v. Honeywell Intern., Inc., 2008 WL 1840753 (D. Or. 2008)
- Weiss v. Amkor Technology, Inc., 527 F. Supp. 2d 938 (D. Ariz. 2007)
- Levine v. SkyMall, Inc., F. Supp. 2d, 2002 WL 31056919 (D. Ariz. 2002)
- Cable Arizona Corp. v. CoxCom, Inc., 261 F.3d 871 (9th Cir. 2001)
- Rollin v. Frankel, 196 Ariz. 350, 996 P.2d 1254 (App. 2000)
- AlliedSignal, Inc., v. City of Phoenix, 182 F.3d 692 (9th Cir. 1999)
(commercial tort) - Crawford v. American Institute of Professional Careers, Inc., 934 F. Supp. 335 (D. Ariz. 1996)
- Aetna Cas. & Sur. Co. v. Dini, 169 Ariz. 555, 821 P.2d 216 (Ariz. App. 1991)
Awards
- Chambers USA, America’s Leading Lawyers for Business, Litigation: General Commercial, 2005-2024
- Best Lawyers®, Bet-the-Company Litigation, Construction Litigation, Commercial Litigation, Intellectual Property Litigation, Mergers & Acquisitions Litigation, Securities Litigation, 2005-2025
- Best Lawyers®, “Lawyer of the Year”, Securities Litigation, 2014, 2021, 2024
- Best Lawyers®, “Lawyer of the Year”, Intellectual Property Litigation, 2020, 2024
- Best Lawyers®, “Lawyer of the Year”, Bet-the-Company Litigation, 2011, 2016
- AZ Business Magazine, “Top 100 Lawyers in Arizona”, 2020, 2021, 2024
- Lawdragon’s “100 Lawyers You Need to Know in Securities Litigation”, 2008
- Benchmark Litigation Star, 2024-2025
- Benchmark Litigation, Arizona “Local Litigation Star”, 2010-2022
- Southwest Super Lawyers, “Top 50 Arizona Attorneys”, 2010, 2012, 2014-2024
- Southwest Super Lawyers in Business Litigation, Securities Litigation, 2007-2024
- Judicial Branch Distinguished Service Award, Awarded by Arizona Supreme Court Chief Justice Rebecca Berch for Outstanding Service and Contribution to the Arizona Judicial Branch, 2011
- BTI Client Service All-Star Team, 2011
- Arizona’s Finest Lawyers
- Judge Learned Hand Award for Community Service, Arizona Chapter of American Jewish Committee, 2006
- President’s Award, State Bar of Arizona, 2006
- Top 50 Pro Bono Attorneys, 2001
Activities
Professional Activities
- Arizona Foundation for Legal Services & Education, Board of Directors, 2020-2022
- Arizona State Bar Board of Governors, 2019-2023
- Chair, Arizona Supreme Court’s Commercial Court Review Committee, 2018
- Chair, Arizona Supreme Court Business Court Advisory Committee, 2014
- Co-chair, Arizona Supreme Court Task Force on the Arizona Rules of Civil Procedure, 2014-2015
- Judicial College of Arizona, Member, 2010-2020
- Strauss Institute for Dispute Resolution, Pepperdine University School of Law, 2014
- Foundation of the Federal Bar Association, Past-President and Charter Fellow
- Federal Bar Association, Phoenix Chapter, President, 2000-2001
- Ninth Circuit Judicial Conference, Lawyer Representative, 2002-2004
- Adjunct Professor, Sandra Day O’Connor College of Law, Arizona State University
- Arizona Supreme Court Task Force for Development of Arizona Law Course, Chair, 2009
- Committee on Civil Rules of Procedure for Limited Jurisdiction Courts, Member, 2011
- William E. Morris Institute for Justice, President, 2001-2003
- American Bar Foundation, Fellow
- Chair, Fellows of the Foundation of the Federal Bar Association, 2009-2011
- Community Legal Services, President, Board of Directors, 1994-1995
- Arizona State Bar Legal Services Committee, Chair, 2002-2003
- Arizona State Bar Landlord Tenant Task Force, Co-Chair, 2006-2009
- Arizona State Bar Task Force on Multijurisdictional Practice, Member, 2003
- Arizona State Bar Task Force on Access to Justice, Member, 2003-2005
- Maricopa County Bar Association Member
- Arizona Women Lawyers Association Member
- Volunteer Lawyers Program, Advisory Panel, 1990-1994
Community Activities
- President, Beth-El Congregation, 2004-2006
Insights
Publications
- Presentation: “A Dialogue with Chief Justices on Key Issues,” Directors’ Roundtable, July 29, 2011 (Transcript)
- Author: The Constitutional Rights of Excluded Aliens, 70 Geo. L.J. 1303 (1982)