David Martinez
Experience
- Represents businesses and individuals in litigation through trial and appeal, with emphasis in the areas of intellectual property, business, unfair competition, class action and tort litigation.
Outside Experience
- United States Navy (1986-1990)
Selected Results*
Dismissal of copyright claims asserted against national retailer; affirmed by Ninth circuit; defense fees awarded under Section 505 of the Copyright Act.
Dismissal of all claims asserted against national movie theater chain in copyright action involving audio-visual work.
Representation of plaintiffs and defendants in copyright and trademark infringement disputes.
Defense of medical device manufacturer in breach of contract and antitrust dispute with start-up regarding biomedical technology.
Part of team that prevailed in arbitration in trade secret litigation concerning arterial stents.
Dismissal of patent infringement action involving DNA.
Dismissal of class allegations in employment action against national retailer.
Dismissal of class action allegations in unfair competition case against major retailer.
Defeated motion for preliminary injunction seeking to block merger agreement and tender offer.
Dismissal at the pleading stage of unfair competition complaint for refund of sales taxes.
Dismissal on summary judgment of antitrust complaint against national retailer alleging below cost sales.
Class counsel in fraud and unfair business practices class actions against land developers.
Part of team that recovered $134 million on behalf of structured settlement beneficiaries in claims against financial institutions.
Recognition
Has been recognized by public and private entities for outstanding commitment to pro bono advocacy.
Named a "Southern California Rising Star," by Law & Politics Magazine (2007, 2008)**
Memberships
- American Association for Justice (formerly the Association of Trial Lawyers of America)
- American Bar Association
- California Bar Association
- Consumer Attorneys of California
- Consumer Attorneys Association of Los Angeles
- Mexican-American Bar Association
Civic Associations
- California Rural Legal Assistance, Inc., Board of Directors
- Century City Chamber of Commerce, Board of Directors and member of Law & Business Council
- California State Bar’s Standing Committee on the Delivery of Legal Services (2003-2006)
Bar Admissions
- California
- U.S. Court of Appeals, Ninth Circuit
- U.S. District Court, Central District of California
- U.S. District Court, Eastern District of California
- U.S. District Court, Eastern District of Washington
- U.S. District Court, Northern District of California
- U.S. District Court, Oregon
- U.S. District Court, Southern District of California
Education
Southwestern University School of Law, J.D., cum laude (1997), Southwestern Law Review; Finalist-Alternate, Southwestern Moot Court Competition
University of California at Santa Barbara, B.A. (1994)
Articles
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Denying Sales Tax Return To Calif. Consumers
Competition Law360
(June 12, 2009)
-
Coupon Settlements Under Siege
Los Angeles Lawyer
(February 2009)
-
California Supreme Court Expands Judicial Review of Arbitration Awards
(September 2, 2008)
-
Mendelsohn v. Sprint: Cautionary Tale for Employment Law Practitioners?
Los Angeles Daily Journal
(April 25, 2008)
-
Avoiding Discovery Traps
Los Angeles Daily Journal
(December 27, 2007)
-
Reversed Intervention
Los Angeles and San Francisco Daily Journals
(June 26, 2007)
-
Civil RICO - What Remains After Anza?
Los Angeles Daily Journal
(June 26, 2006)
-
California Adopts Sophisticated User Doctrine
Los Angeles Daily Journal
(November 11, 2005)
-
"Opt-In" Requirement Nixed for Absent Class Members
Los Angeles Daily Journal
(June 6, 2005)
-
Ninth Circuit Outlines Three-Part Test For Class-Certification Review
Los Angeles Daily Journal
(May 9, 2005)
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Razing the Roof: High Court's Elsner Decision Changes the Way Cal/OSHA is Used at Trial
Practice Center Law and Management, The Recorder (February 2005)
-
Waiving Goodbye: 'Grafton' says farewell to contractual pre-dispute jury waivers
The Recorder (March 2004)
-
Undesignated Hitters
Los Angeles Lawyer
(February 2004)
-
'Safe Harbor' Shields Actions Taken Under Laws Later Declared Invalid
Los Angeles Daily Journal
(August 4, 2003)
-
Federal Medicaid System Pre-Empts State Statutes Allowing Medical Liens
Los Angeles Daily Journal
(June 30, 2003)
-
Party Must Attack Punitives Proof At Trial Or Waives Right to Do It Later
Los Angeles Daily Journal
(May 19, 2003)
-
Makers of Component Parts Are Subject to Strict Liability
Los Angeles Daily Journal
(December 19, 2002)
-
Recent Developments in Reinsurance Insolvency in the United States
Andrews Continuing Education Institute, Second Annual Reinsurance Conference (September 1996)
Selected Speeches
-
Civil Procedure Workshsop (Faculty Member)
Minneapolis, Minnesota
(May 2009)
-
Litigation Skills
Lorman Education Services, Los Angeles
(November, 2005; November, 2006)
- Attorney Advertising & Solicitation
Law Practice Management & Technology, California State Bar Convention (October 2004) - Attorney Advertising & Solicitation, From The Common Place To Cyberspace Section Education Institute of the California State Bar, Berkeley, California (January 2003)