David is a founding member of the firm. His practice focuses on complex business and commercial litigation.
David represents both plaintiffs and defendants, and has tried cases in state and federal courts, and before various arbitration tribunals. David’s litigation experience reaches a broad range of issues, including corporate and partnership disputes, breach of contract, fraud, real property disputes, intellectual property rights, and other business torts. David has tried cases arising from business disputes of all kinds, including disputes over entertainment financing, mergers and acquisitions, real estate transactions, shareholder derivative actions and probate.
In addition to his trial practice, David has handled numerous state and federal appeals. He also testifies as an expert witness on the issue of the reasonableness of attorney's fees in business litigation. Each year since 2006, David has been named a Southern California “Super Lawyer” by Los Angeles Magazine. David’s defense verdict in 2019 in a case concerning the sale of a Mercedes Benz dealership was named by the Daily Journal as one of California’s Top Defense Verdicts of the Year.
Some of David’s significant cases include:
- Obtaining a defense verdict on behalf of the seller of a Mercedes Benz dealership in an action for fraud and breach of warranty brought by the buyer claiming that the financial statements provided by the seller did not accurately reflect the results of operations. After a three-week trial, the jury completely exonerated our clients.
- Obtaining an award of damages for embezzlement and a permanent injunction against an owner and officer of a company involved in the international shipping industry. Ultimately, our clients were able to satisfy the Judgment against the defendant’s ownership interest and oust him from the company. The Judgment was affirmed on appeal.
- 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 trial, it was determined that defendants did not breach their duties and that the transaction was fair to the common shareholders.
- In arbitration before the Independent Film & Television Alliance, obtaining an arbitration award in favor of a German motion picture fund and against Nu Image, the distributor of several motion pictures produced by the fund, finding that Nu Image had under-reported and misallocated revenues in excess of $15 million. The fund was also awarded its attorney’s fees.
- Obtaining a favorable defense verdict in a partnership dissolution action that alleged our client usurped the partnership’s business opportunities. After a three-week jury trial, the jury found in our client’s favor on all issues. The case went to trial less than two weeks after David 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 regarding 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. The judgment was affirmed on appeal.
- Obtaining a defense verdict on behalf of the trustee of a trust in an action brought by the former trustee and beneficiary who claimed that amendments to the trust were procured by fraud and undue influence. The judgment also was affirmed on appeal.
- After a bench trial, obtaining a judgment on behalf of the family of the late singer Eva Cassidy against the record label owning the rights to Eva Cassidy’s songs in a dispute concerning distribution of royalties and the scope of the rights granted. The judgment was affirmed on appeal.
- 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 David defeated the plaintiff’s attempt to obtain a preliminary injunction, he was able to use that defeat to negotiate a very favorable settlement for the client.
Other Professional Activities
David has been 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. David has also been quoted in, or contributed to, various industry publications.
Prior Professional Experience
Prior to forming Murphy Rosen, David was a partner of O'Neill, Lysaght & Sun, where he had been practicing since 1993. Prior to that, David was a litigation associate at Manatt, Phelps & Phillips LLP.