David R. Garcia: Lawyer with Sheppard, Mullin, Richter & Hampton LLP

David R. Garcia


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AV® Preeminent

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Practice Areas

  • Litigation
  • Class Action Defense
  • Securities Litigation
  • International Practice
  • Korea
  • Antitrust and Trade Regulation
  • Entertainment, Technology, and Advertising
  • Healthcare
University Harvard University, B.A., cum laude, 1976
Law SchoolGeorgetown University, J.D., 1979
AdmittedCalifornia; New York; Washington; U.S. Court of Appeals; U.S. District Court; U.S. District Court; U.S. District Court; Florida

David is a partner in Sheppard, Mullin, Richter & Hampton LLP's Century City office, where he is also the Office Managing Partner. He is a litigator with a broad background in complex civil litigation for major U.S. companies, including extensive class action and multidistrict litigation experience. His practice focuses on litigation and counseling in the areas of antitrust and securities with particular emphasis on the entertainment industry, the intersection between antitrust and intellectual property disputes and healthcare.

Areas of Practice

In the antitrust area, his practice has included extensive private litigation, price fixing cartel defense, counseling on joint ventures and mergers and acquisitions, competitor collaborations in healthcare, standard setting, trade association work, vertical pricing and distribution issues and the representation of clients in connection with civil and criminal investigations by the Federal Trade Commission and the antitrust division of the U.S. Department of Justice. This broad ranging antitrust litigation background includes major matters involving monopolization, price fixing conspiracies, standard setting, state action immunity, and contested mergers. He also counsels and litigates in a variety of vertical distribution situations, including dealer termination, vertical pricing restrictions and franchise issues. His vertical counseling and litigation experience also includes multilevel marketing organizations. Finally, he is very active in healthcare mergers and acquisitions and strategic partnerships, including clinical integrations.

Clients for whom he has worked include: Lending Tree, Samsung, Epson America, China Mobile, Sprint, Carrier Airconditioning, Herbalife, Amgen, Barnes & Noble, Time Warner, Warner Home Video, The Digital Cinema Initiative, LLC, Playboy Enterprises, Inc., Advanced Micro Devices, Southern California Edison, and a variety of California physician groups and for profit and non profit hospitals.

His wide-ranging securities practice, first in New York and later in California, has included class action defense, the defense of derivative litigation on behalf of both individuals and companies, litigation arising out of mergers and acquisitions, and internal corporate investigations. He has also had extensive experience representing companies and individuals in investigations commenced by the Securities and Exchange Commission.

Companies for whom he has worked in the securities area include: Credit Suisse; First Boston; The Special Committee of the Board of Diamond Multimedia, Inc.; BT Securities; Montgomery Securities; Bank of America; the outside directors of FarWest Financial Savings & Loan; Advanced Micro Devices; Davstar Incorporated; Smith Barney; General Electric Credit Corporation; Humana, Inc.; Northwest Airlines; Shamrock Partners; and United Airlines.


•Southern California Super Lawyer, Super Lawyers, 2014

Legal 500, 2012, 2013


Law clerk to the Honorable Constance Baker Motley, U.S. District Judge, Southern District of New York, 1981-82


Documents by this lawyer on Martindale.com

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In Highly-Anticipated Decision, Ninth Circuit Affirms That Hospital-Physician Group Merger in St. Luke’s Violated Section 7 And Casts Serious Doubt on Viability of Efficiencies Defense
Helen Cho Eckert,David R. Garcia, February 24, 2015
On February 10, 2015, the Ninth Circuit issued its highly-anticipated decision at the intersection of health care and antitrust, affirming the lower court’s finding that a hospital-physician group merger completed nearly three years ago violated Section 7 of the Clayton Act. St. Alphonsus...

CMS’ Proposed Regulations Include Significant Antitrust Implications For Entities Interested In Forming ACOs
Helen Cho Eckert,David R. Garcia, January 30, 2015
The Centers for Medicare & Medicaid Services (CMS) released proposed regulations to clarify and build on current regulatory requirements for Accountable Care Organizations (ACOs) that participate in the Medicare Shared Savings Program (MSSP). Among the changes is one addressing when an ACO must...

Supplier Beware Before Terminating Dealers: California’s Equipment Dealers Act
Helen Cho Eckert,David R. Garcia, January 6, 2015
Developments in modern antitrust law have made it increasingly difficult for termination of vertical relationships between a supplier and a dealer to be actionable under the antitrust laws, particularly under a per se theory of liability. Suppliers contemplating termination of dealer agreements,...

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Office Information

David R. Garcia

1901 Avenue of the Stars, Suite 1600
Los AngelesCA 90067


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