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Murphy Rosen & Meylan LLP. California trial attorneys based in Santa Monica focusing on civil business litigation and criminal defense.
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David E. Rosen - Partner David E. Rosen

Email: drosen@murphyrosen.com

Education
University of Southern California Law School, J.D., 1991
USC Law Review, Order of the Coif
University of California, Los Angeles, B.A.,
with honors, 1988


Professional Experience
Mr. Rosen's practice focuses on complex business and commercial litigation.

He represents both plaintiffs and defendants, and has tried cases in state and federal courts. Mr. Rosen's litigation experience reaches a broad range of issues, including corporate and partnership disputes, breach of contract, commercial bribery, intellectual property rights, and other business torts. He also has handled litigation matters arising from disputes over entertainment financing, mergers and acquisitions, real estate transactions, and probate. In addition to his trial practice, Mr. Rosen has handled numerous state and federal appeals. He also testified as an expert witness on the issue of the reasonableness of attorney's fees in business litigation. In 2006, 2007 and 2008 he was named a Southern California "Super Lawyer" by Los Angeles Magazine.


Since Mr. Rosen formed Murphy, Rosen & Meylan, his cases have included:
Obtaining a defense verdict in a securities class action case against the directors and preferred shareholders of a publicly traded company in which plaintiffs alleged that defendants breached their fiduciary duties by selling the company's assets and distributing the proceeds to the preferred shareholders, leaving nothing for the common shareholders. After a four week bench trial, the Court ruled that defendants did not breach their duties and that the transaction was fair to the common shareholders.
Representing a publicly traded wholesale mortgage lender in a lawsuit brought by a competitor alleging theft of trade secrets, interference with contract, fraud and unfair competition. After defeating the plaintiff's attempt to obtain a preliminary injunction, we were able to negotiate a favorable settlement for the client.
Obtaining a favorable defense verdict in the first phase of a partnership dissolution action. After a three-week jury trial on the question whether various opportunities pursued by the defendant were partnership opportunities, the jury found that none were partnership opportunities. The case went to trial less than two weeks after Mr. Rosen was substituted in as counsel for the defendant.
Obtaining a defense verdict on behalf of the trustee of a trust after a six-week bench trial in a lawsuit concerning a dispute over the enforceability of a contract to purchase three contiguous beach-front properties in Santa Monica. The Court also awarded the trustee all of the attorney's fees incurred in the lawsuit.
Obtaining summary adjudication of liability on behalf of an internet advertising company in a breach of contract action brought against an on-line dating service. With damages as the sole remaining issue, the case quickly settled.
Obtaining a favorable settlement on behalf of a partner in a partnership created to sell patriotic merchandise on the Internet, and which became the first website to sell the "Iraqi Most Wanted" playing cards. The lawsuit concerned distribution of partnership profits.
Successfully securing reversal of a judgment against our client, Space Systems/Loral, in a patent infringement action. The patent concerns attitude control technology used in communications satellites. In its decision, the Federal Circuit remanded the case for trial on the merits.
Defending the former President of a company formed to develop and market an interactive television software program. The lawsuit alleges theft of trade secrets, breach of fiduciary duty and breach of contract arising from the former President's resignation from the company and ultimate employment with a company developing a competing technology.
Representing a motion picture production and distribution company in a series lawsuits concerning distribution and financing of various motion pictures.


Other matters handled by Mr. Rosen during his career include:
Obtaining a defense verdict on behalf of various entities owned by a prominent Chicago family after a three-month trial of a real estate dispute in which the plaintiff, SunAmerica, sought more than $120 million in damages.
Obtaining a $1.3 million jury verdict in federal court, affirmed on appeal, on behalf of a computer systems integration company against a software manufacturer in a dispute relating to the sale of software to an international telephone company.
Successfully obtaining an injunction against Mobil Oil Corp. on behalf of an independent petroleum company in a dispute arising under the Petroleum Marketing Practices Act. As prevailing parties, the firm was awarded its attorneys' fees.
Representing American Honda Motor Company in a number of cases arising out of a nation-wide dispute with the company's dealer network concerning allegations of commercial bribery.
Obtaining a favorable settlement on behalf of the founder of Autoland, Inc., the nation's largest automobile leasing company, in a dispute with Autoland's preferred shareholders.


Community/Professional Activities
Mr. Rosen is a member of the American Bar Association and the Los Angeles County Bar Association. He has served on the faculty for the National Institute for Trial Advocacy deposition program, and has lectured at the USC Law Center and Pepperdine University School of Law. Mr. Rosen has also been quoted in, or contributed to, various industry publications.


Prior Professional Experience
Prior to forming Murphy Rosen & Meylan, Mr. Rosen was a partner of O'Neill, Lysaght & Sun, where he had been practicing since 1993. Prior to that, Mr. Rosen was a litigation associate at Manatt, Phelps & Phillips LLP.

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