David A. Battaglia, a partner in Gibson, Dunn & Crutcher LLP's Los Angeles office, joined the firm in 1987. A member of the firm's Litigation Department, Mr. Battaglia tries and argues cases in both federal and state courts, with a principal focus on complex business litigation. He consistently has been named one of the Top Attorneys in Southern California and is a member of Board of Governors of the Association of Business Trial Lawyers.
He has been involved with litigation arising from Mergers & Acquisitions for over 20 years. He has represented the targets in numerous hostile transactions, including the following more prominent ones: Broadcom Corp. v. Emulex Corp.; B.A.T Industries Inc. v. Farmers Ins. Exchange, Computer Associates Corp. v. Computer Sciences Corp., Oracle Corp. v. Peoplesoft Corp., and Hubbard v. Hollywood Park.
Mr. Battaglia has extensive, first-chair trial experience. Representative jury trials, non-jury trials, and arbitrations include the following:
· Fiber Technology Corp. v. Parsons Infrastructure and Technology, Inc. (2009): Lead trial counsel for Parsons in a five-week jury trial in Los Angeles Superior Court involving contract disputes over Iraq reconstruction efforts. Jury verdict obtained in favor of our client.
· ITT Educational Services, Inc. (2008): Lead counsel in six arbitrations before different former judges and experienced AAA arbitrators in Houston, Texas involving claims for fraud, negligence, breach of contract, deceptive trade practices, and education code violations. The arbitrations lasted between five weeks and two days. The results are confidential pursuant to AAA rules and the arbitration agreements.
· Caruso Affiliated Holdings, LLC v. General Growth Properties, Inc. (2007): Co-lead trial counsel for General Growth in a seven-week jury trial in Los Angeles Superior Court involving claims for antitrust violations, tortious interference, and unfair competition arising from alleged contacts with potential tenants of a competing shopping mall. The antitrust and unfair competition claims against our client were dismissed at trial, and the remaining claim was settled after a jury verdict.
· Holiday Partnerships v. Shelter Management Corp. (2007): Lead counsel for Shelter Management in fraud, receivership, and partnership dissolution proceedings in Los Angeles Superior Court involving twenty multi-family dwellings. Successfully opposed injunctive relief and the appointment of a receiver, and the matter thereafter was favorably resolved.
· Commonwealth of the Northern Mariana Islands v. Carlsmith Ball LLP (2003): Co-lead counsel for defendant in the U.S. District Court for the Commonwealth of the Northern Mariana Islands in Saipan and in Los Angeles Superior Court. Obtained declaratory and injunctive relief on behalf of our client, and the Commonwealth subsequently dismissed its claims.
· Southern California Gas Company v. City of Santa Ana (2002): Lead counsel on behalf of the public utility in federal court in an action to set aside a municipal ordinance as violative of the Contracts Clause of the U.S. Constitution. Judgment was obtained for our client.
· Sunclipse Inc. v. Dell (2000): Lead counsel for Sunclipse in a Los Angeles Superior Court proceeding seeking injunctive relief for misappropriation of trade secrets. Judgment was obtained for our client.
· Arakelian v. North's Bakery, Inc. (1999): Lead counsel in an arbitration for defendant in a breach of contract and tortious interference action involving a buyout agreement. A decision was rendered for our client.
· Carter v. Loxley Public Company (1997): Co-lead counsel in a two-month jury trial in San Francisco Superior Court for plaintiffs in a dispute alleging wrongful termination and breach of contract. Jury verdict was issued in favor of one plaintiff and against the other.
· Weber v. Fidelity Federal Bank (1996): Lead trial lawyer in Los Angeles Superior Court for Fidelity Federal Bank involving claims by 40 plaintiffs that the bank miscalculated interest on adjustable rate mortgages. Decision for our client was obtained on all claims.
· MobilWorks v. L.A. Cellular Telephone Company (1996): Lead counsel for L.A. Cellular in an arbitration challenging its exclusive distribution agreement as unenforceable and an unreasonable restraint of trade. Decision was rendered for our client.
· Yamahata v. Tiffany & Company (1995): Co-lead trial counsel for Tiffany in a month long jury trial in Los Angeles Superior Court involving wrongful termination claims and gray market activities. Decision was obtained for our client.
· Chaltiel v. Abbey Healthcare, Inc. (1994): Co-lead counsel for the plaintiff in a wrongful termination, breach of contract and fraud dispute. The matter was resolved after a two month arbitration.
· Strong v. Coutin (1993): Lead counsel in a bench trial in Los Angeles Superior Court involving rights to easements and improvements, as well as the abatement of nuisances. Decision was obtained for our client.
· Adrabi v. Rozillio (1993): Lead trial counsel for defendant in a real estate fraud dispute in Los Angeles Superior Court. The matter settled favorably during trial.
Mr. Battaglia also has significant appellate experience, having briefed and argued matters before federal and state courts throughout the country. Representative appeals include the following:
· ITT Educational Services, Inc. v. Arce, 533 F.3d 342 (5th Cir. 2008). Lead counsel in a precedential decision in favor of our client ITT Tech holding that a confidentiality clause in an arbitration agreement is fully enforceable and prevents disclosure of evidence or the result in subsequent proceedings.
· California Farm Bureau Federation v. California State Water Resources Control Board, 146 Cal. App. 4th 1126 (2007) (rev. granted). Co-lead counsel in a groundbreaking decision in favor of our client that the implementation of a state statute imposing water rights "fees" on a broad class of California citizens violates Proposition 13's bar against new state taxes. The matter is now pending before the California Supreme Court.
· Southern California Gas Company v. City of Santa Ana, 336 F.3d 385 (9th Cir. 2003). Lead counsel in a decision with nationwide implications, where the court affirmed our client's position that a municipal ordinance imposing new fees in addition to those paid under a franchise agreement violates the Contracts Clause of U.S. Constitution.
· Lockheed Martin Corp. v. Superior Court, 109 Cal. App. 4th 24 (2003) (rev. granted, rev. dismissed and superseded by statute). Co-lead counsel in a decision where the court held that news publicity was sufficient to commence the running of the statute of limitations in an "Erin Brockovich" toxic tort action.
· Adaptive Power Solutions v. Hughes Missile Systems Co., 141 F.3d 947 (9th Cir. 1998). Co-lead counsel in an oft-cited decision that affirms that injury to competition is required to demonstrate an antitrust violation.
· Engel v. CBS, Inc., 981 F.2d 1076 (9th Cir. 1992). Lead counsel in a decision for CBS, Inc. that applies conflict of law principles and mandates that the law of New York should govern a malicious prosecution dispute, resulting in our clients ultimately prevailing.
Mr. Battaglia has substantial industry experience in the following areas (identified in alphabetical order with associated past and present clients): Consumer and Class Actions (K2 Industries, Inc., Tiffany & Co., Shasta West, Inc., Aftermarket Technology Corp., PerkinElmer, Inc.); Education Disputes (ITT Educational Services, Inc.); Energy and Natural Resources Law (EnCana Corp., Sempra Corp., Southern California Gas Co., San Diego Gas & Electric Co., AGL Resources, Inc.); Entertainment Litigation (Sony Music Entertainment, Inc., CBS, Inc., Fox Sports, Studio Productions, Inc., Arab American Television, TV Media, Metromedia, Inc., Pinnacle Entertainment, Inc.); Infrastructure and Defense Contracting (Parsons Infrastructure and Technology Group, Inc., Parsons Corp., National Crane, Raytheon Corp., Hughes Missile Systems Co.); and Real Estate Matters (General Growth Properties, Inc., Shelter Management, Inc., Realtrans Corp.).
He has been admitted to practice in the U.S. Supreme Court; federal courts of appeal for the Fourth, Fifth, Ninth and D.C. Circuits; federal district courts in California, the District of Columbia, Florida, New York, Tennessee, Texas, Virginia, and the Commonwealth of the Northern Mariana Islands; and all courts in the State of California and in Washington, D.C.
Mr. Battaglia is a graduate of Georgetown University with honors, and a double major in English and Government. He earned his law degree in 1987 at University of California, Berkeley, School of Law. At Boalt Hall, he won the award for best brief in the moot court competition and was Senior Articles Editor of the High Technology Law Journal. Prior to joining Gibson, Dunn & Crutcher LLP, Mr. Battaglia worked for a member of Congress in Washington, D.C. He currently is on the Board of Directors of Hathaway-Sycamores Child and Family Services, Inc., a non-profit organization which helps over 11,000 children annually in the Los Angeles area. He, his wife Julie, and his two teenagers live in La Cañada Flintridge, California.
Recent Publications
Review Your Arbitration Provisions Now: Practical Considerations After the U.S. Supreme Court Decision in AT&T Mobility v. Concepcion
U.S. Supreme Court Finds That Class Action Waivers in Arbitration Agreements Are Enforceable Under the Federal Arbitration Act
The Fifth Amendment Can & Will Be Used Against You In a (Federal) Court of Law
A Tax by Any Other Name: Constitutional Challenges to Revenue-Raising Measures
Client Caution: Settlement Discussions and Documents May Not Be Protected from Future Discovery