David is a founding member of the firm.
David’s 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 disputes over entertainment financing, mergers and acquisitions, breach of fiduciary duties, real estate transactions, and probate. In addition to his trial practice, David 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. Each year since 2006, David has been named a Southern California "Super Lawyer" by Los Angeles Magazine.
Since forming Murphy Rosen, David’s 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 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 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. 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 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 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. 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 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.
- Successfully securing reversal of a judgment against our client, an aerospace company, in a patent infringement action. The patent concerns attitude control technology used in communications satellites.
- 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, David was able to negotiate a 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.