David chairs the Technology, Media and Intellectual Property Practice Group and is co-chair of the Privacy and Data Security Practice Group. He concentrates a substantial portion of his practice on privacy law, data breaches, intellectual property, copyright infringement, trademark, trade secret, technology litigation, trade dress and media related litigation. David is experienced defending privacy and intellectual property cases venued throughout the United States, and has been litigating cases in federal and state courts since 1994.
David additionally represents design professionals in a variety of construction industry related claims. He has extensive experience representing architects, engineers, surveyors, land developers, commercial property owners, general contractors, subcontractors and commercial landscapers. David has defended clients in cases that involved claims for design errors and omissions and other contractual and negligence claims. Over the past fifteen years, he has tried a number of bench trials, jury trials, and arbitrations.
In 1990 David received his B.A. in political science from Denison University. He then attended Widener University School of Law and received his J.D. in 1994. His legal experience includes working for a boutique civil litigation firm in the intellectual property and e-commerce group.
Significant Representative Matters
•Successfully represented and assisted a large commercial payment card processing company in a data breach notice that affected over 2 million customers.
•Successfully provided cyber and data breach risk management counsel to companies in the retail, education, medical, municipal and professional services industries.
•Successfully defended and resolved a multimillion dollar trademark and dilution lawsuit in the 9 th Circuit that included obtaining dismissal of the dilution claim.
•Obtained complete denial of a temporary and permanent injunction motion after a weeklong injunction hearing in a trademark dispute over a well known East Coast antique show brand.
•Successfully resolved several copyright infringement claims by an international music recording association against various entertainment venues in the Northeast United States.
•Obtained a complete dismissal of all claims against a website developer on the first day of trial in a matter where plaintiff alleged significant lost profits after a new customer ordering platform was installed for plaintiff's website.
• Successfully resolved a significant copyright infringement claim by the heirs of a famous European author against a United States Theater where plaintiff attempted to enjoin national theater production and claim past and future profits.
•Defeated vicarious liability claims for trademark infringement by luxury handbag manufacturer against the owner of a large retail shopping center. All claims were dismissed after a summary judgment motion was filed.
•Obtained voluntary dismissal of trade secret and theft of confidential information matter where the initial demand was over $300,000 by demonstrating that no trade secrets existed in the plaintiff's manufacturing process.
•Successfully obtained summary judgment in an architectural copyright infringement action by demonstrating that client did not infringe on the plaintiff's drawings for a country club.
•Successfully obtained a voluntary dismissal of a claim for engineering professional negligence after filing summary judgment motion that demonstrated plaintiff's claims in an artificial turf project had no merit.
•Represented international software companies in numerous copyright and trademark infringement actions that have generated more than $3 million in settlement.
•Successfully defended international chemical company in temporary and permanent injunction hearings regarding stolen trade secrets and hiring of former plant manager.
•Financial Advisor Forecast: Stormy, With Scattered Data Breaches,Financial Advisor, June 23, 2014
•How to Minimize the Threat of the Dreaded Data Breach, Catalyst, Winter 2013/2014, publication of the Pennsylvania Chamber of Business and Industry
•How to Avoid Liability for Comments Posted on Your Company's Website, Mondaq.com, 2012 and AgentsofAmerica.com, 2012
•In A Copyright Infringement Action, a Secondarily Liable Defendant Is Only Responsible For One Statutory Damage Award, Pennsylvania Bar Association Intellectual Property Newsletter, 2011
•Starbucks v. Charbucks: Substantial Similarity Is Not Required To Prove Dilution By Blurring, Intellectual Property Law Newsletter, Pennsylvania Bar Association, Summer, 2010
•Splenda Not 'Equal' To Real Sugar In Lanham Act False Advertising Suit, Co-Author, New Jersey Law Journal, 2008
•2004, Comic Book Characters 'Spawn' Important Copyright Decisions, Pennsylvania Bar Association Intellectual Property Law Newsletter, 2004
•Defense to the Inevitable Disclosure Doctrine, the Legal Intelligencer, 2004
•Streaming Video 'Trailers' on the Internet Violate Motion Picture Copyright, Co-Author, Pennsylvania Bar Association IP Law Newsletter, 2004
•Cyber Technology, Data Breaches and Related E&O Trends, Claims and Coverage, moderator and speaker, 8 th Annual ExecuSummit E&O Insurance Conference, June 2014
•Hot Topics in Employment, Marshall Dennehey / AIG Seminar, Philadelphia, PA, October 10, 2013
•Employment Liability in the Cyber Age, Marshall Dennehey / AIG Employment Seminar, Pittsburgh, PA, May 2, 2013
•Cyber Liability Claims, Coverage Issues, panel speaker, 2nd Annual National Cyber Liabilities Insurance ExecuSummit, 2013
•Data Privacy Risk: Red Flags in Higher Education, ASFAA Annual Conference, 2012
•Construction Law Fundamentals, Managing Project Risk, Instructor, National Business Institute, 2008
•Safeguarding Proprietary Information in Pennsylvania, Course Planner and Instructor, National Business Institute, 2005
•Intellectual Property Law for the General Practitioner, Course Planner, Pennsylvania Bar Association Annual Meeting, 2004
Honors & Awards
•Pennsylvania Super Lawyer Rising Star, 2005
Year Joined Organization: 2005
•Phi Delta Theta