A seasoned entertainment and media law attorney, David has almost 30 years of experience handling a variety of complex matters, including breach of contract, copyright, trademark, right of publicity, accounting and defamation claims.
David regularly represents and advises a variety of business entities, including motion picture and television studios, production companies, broadcasters, Internet websites and podcasters, video game companies, music companies and advertising agencies in their business and marketing decisions and disputes involving:
- Right of publicity
- Unfair competition
- Trade secrets
- False advertising
He has handled numerous infringement and idea submission claims concerning popular entertainment works and hit movies such as “The Last Samurai,” “Along Came Polly,” “Reality Bites,” “There’s Something About Mary” and “The Mask of Zorro.” Among his recent cases, David conducted a two-week bench trial concerning the financing and distribution of the videogame “Def Jam Rapstar,” and defended the in-development spy-thriller project “Section 6” against claims that it infringed the copyrights in the character James Bond.
- De la Huerta v. Lions Gate Entm’t Corp., 2017 WL 4676234 (Cal. Ct. App. 2017) (won Anti-SLAPP motion in defending producers and distributor of the motion picture “Nurse 3D” against right of publicity, trademark, and breach of contract claims).
- Edwards v. Cinelou Films, 696 Fed. Appx. 270 (9th Cir. 2017) (won MSJ in defending producers and distributor of the motion picture “The Last Witch Hunter” against copyright infringement claims).
- Shame on You Productions, Inc. v. Elizabeth Banks, 120 F. Supp. 3d 1123 (C.D. Cal. 2015) (won MTD in defending the motion picture “Walk of Shame” against claims of alleged copyright infringement), aff’d 690 Fed. Appx. 519 (9th Cir. 2017), cert. den., 138 S. Ct. 323 (2017).
- Danjaq, LLC v. Universal City Studios, LLC, 2014 WL 7882071 (C.D. Cal. 2014) (alleged copyright infringement of character James Bond by in-development screenplay “Section 6”).
- Cabell v. Zorro Productions, Inc., 294 F.R.D. 604 (W.D. Wash. 2013) (“Zorro” trademark rights).
- Kesey, LLC v. Francis, 433 Fed. Appx. 565, 2011 WL 1837699 (9th Cir. 2011) (copyright ownership claims against Ken Kesey’s screenplay and novel “Last Go Round”).
- Ousley v. Krasnow, 2011 WL 2936771 (Cal. App. 2011) (idea submission claim against TV game show series “National Bingo Night”).
- Benay v. Warner Bros. Ent. Inc., 607 F.3d 620 (9th Cir. 2010) (copyright infringement and idea submission claims against “The Last Samurai”).
- Dyer v. Childress, 147 Cal. App. 4th 1272 (2007) (“Reality Bites” - defamation by fiction).
- Seals-McClellan v. DreamWorks, Inc., 120 Fed. Appx. 3, 2004 U.S. App. LEXIS 25426 (9th Cir. 2004) (“Antz” - copyright infringement).
- Kolton v. Universal Studios, Inc., 73 U.S.P.Q.2d 1603 (C.D. Cal. 2004) (“Xena” - copyright infringement claims against music cues).
- Downing v. Abercrombie & Fitch, 265 F.3d 994 (2001) (right of publicity/false advertising).
- Sobini Films v. Tri-Star Pictures, Inc., 61 U.S.P.Q.2d 1930 (C.D. Cal. 2001) (“Zorro” trademark rights).
- Three Boys Music v. Bolton, 212 F.3d 477 (9th Cir. 2000) (amicus - copyright infringement claim against song “Love is a Wonderful Thing”).
- TriStar Pictures, Inc. v. Del Taco, Inc., 59 U.S.P.Q.2d 1091 (C.D. Cal. 1999) (”Zorro” trademark rights).
- Endemol Ent. v. Twentieth Television, Inc., 48 U.S.P.Q.2d 1524 (C.D. Cal. 1998) (Copyright Act preemption of claims against TV series “Forgive or Forget”).
- Southland Sod v. Stover Seed, 108 F.3d 1134 (1997) (false advertising).
- Morgan Creek Prods., Inc. v. Capital Cities/ABC, Inc., 22 U.S.P.Q.2d 1881 (C.D. Cal. 1991) (copyright and idea submission claims involving movie “Young Guns” and TV series “The Young Riders”).
Before Fox Rothschild
Prior to joining Fox Rothschild, David was a partner at a national law firm. He also previously served as a named partner at a Los Angeles-based firm.
Beyond Fox Rothschild
David is a regular lecturer, panelist and moderator for a variety of CLE programs. He served as president of the Los Angeles Copyright Society (LACS) from 2012-2013. David was also the chairman of the LA County Bar Association’s Entertainment Law and Intellectual Property Section (ELIPS) from 2004-2005 and served as the symposium chairman for the 30th Annual ELIPS Symposium, “The War of the Deal: Litigation Hollywood Style.” In addition, he has previously served as vice-chairman, treasurer and secretary of both LACS and ELIPS.
Honors & Awards
- Named among Best Lawyers in America for Entertainment Law - Motion Pictures and Television and Litigation - Intellectual Property (2018)
- “Recognized Practitioner” for Media & Entertainment: Litigation in California by Chambers USA (2017-2018)
- Named one of Southern California's SuperLawyers (2005-2018)
- Martindale-Hubbell® “AV” Rating
- Hastings Constitutional Law Quarterly, Editor
- Thurston Honor Society