David H. Stern

david-stern

David H. Stern

Partner

Los Angeles | US Bank Tower, 633 West 5th Street, Suite 4900, Los Angeles, CA 90071-2013
+1 213 808 5720 | +1 213 808 5760

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David Stern focuses his practice on complex commercial litigation and offers considerable first-chair trial experience in state and federal courts, representing clients in class actions, intellectual property and media/entertainment matters. With more than two decades of experience, Mr. Stern regularly counsels multinational and domestic companies and individuals across a diverse range of industries, including aircraft, automotive, entertainment, environmental, gaming, healthcare, real estate and retail. Additionally, Mr. Stern litigates high-profile matters throughout the United States pertaining to copyright, contract, real estate, and trademark issues.

Prior to joining Dechert, Mr. Stern was a litigation partner and co-chair of the class action practice group at another global law firm. He also formerly served as a Director of the Western Center on Law & Poverty, a nonprofit dedicated to representing millions of low income Californians on a variety of issues related to health and housing.

Experience

Class Actions

  • Defeated a proposed class-action suit against Renal Advantage, a subsidiary for Fresenius Medical Care, when the US Court of Appeals for the 9th Circuit affirmed a lower court's dismissal.
  • Won a motion to dismiss a business tort action against bwin.party digital entertainment PLC, the world's largest listed online gaming company, in the Southern District of Florida for lack of personal jurisdiction.
  • Moreyra v. Fresenius Medical Care Holdings Inc. et al: On behalf of Fresenius Medical Care, defeated class certification of meal-break wage and hour claims in the Central District of California.
  • Defeated a motion for class certification on behalf of Burberry in the Central District of California, alleging that Burberry failed to comply with the Fair and Accurate Credit Transactions Act by printing credit card expiration dates on customer receipts.
  • Reached a favorable settlement in an insurance coverage case regarding California's alleged US$750 million liability for the Stringfellow Acid Pit.
  • Represented more than 20 drag racing teams in their successful unfair-competition suit against the National Hot Rod Association.

Complex Litigation

  • Represented a publicly traded financial institution in litigation against multiple borrowers on credit lines arising out of the development of luxury residential real estate in Hawaii.
  • Represented a subsidiary of Experian in litigation over internet marketing of consumer credit monitoring products.
  • Obtained a favorable summary judgement on behalf of The Boeing Co. and McDonnell Douglas Corp. in federal multidistrict litigation arising out of the crash of Alaska Airlines Flight 261, an MD-83 aircraft.

Copyright and Patent Litigation

  • Obtained summary judgment in for Tim Mosley (Timbaland) and Shawn Carter (Jay-Z) in a copyright infringement action in the Central District of California.
  • Obtained summary judgment on behalf of the song writing, performing and recording artists Antwan Patton and Andre Benjamin (OutKast) in a declaratory judgment action commenced against them in federal court in Los Angeles.
  • Engineered the successful summary judgment motion in the Central District of California that led to the US Supreme Court's seminal decision in Independent Ink v. Illinois Tool Works Inc., abolishing the presumption of market power in a Section 1 "patent-tying" action.

 

Education
  • St. John’s University, B.A., 1988, summa cum laude
  • London School of Economics and Political Science, MSc, 1989
  • University of Minnesota, J.D., 1992
Admissions
  • California
  • District of Columbia
  • Minnesota
  • United States Court of Appeals for the Ninth Circuit
  • United States Court of Appeals for the Eighth Circuit
  • United States District Court for the Central District of California
  • United States District Court for the Eastern District of California
  • United States District Court for the Northern District of California
  • United States District Court for the Southern District of California
  • United States District Court for the District of Minnesota