For over two decades, David has represented more than 100 public and private companies and has served as lead trial counsel in more than two dozen jury trials, class action lawsuits, TRO and injunction hearings, and arbitrations.
David's trial practice is focused primarily on high-stakes, complex business litigation, class actions, intellectual property and sports litigation. He has tried or successfully resolved cases for clients in a variety of matters involving banking and finance, toxic tort, securities fraud, breach of fiduciary duty and shareholder disputes, antitrust violations, unfair competition claims, patent and trademark disputes, distributor disputes, real estate disputes, consumer class actions, product and warranty litigation, and contract disputes. David has appeared in hundreds of lawsuits filed in state and federal courts throughout the United States, including numerous jury trials in Chicago, Illinois, as well as trials in California, Kentucky, Missouri, and Texas.
In 2020, David and his team of more than 40 Benesch partners and associates were selected to serve as National Trial Counsel for a publicly traded technology company to handle all of the company’s commercial litigation, class actions and consumer litigation. In 2016, David led a team selected by a major oil and energy company to serve Panel Litigation Counsel, and in 2008, he and his team were selected as National Counsel for a global manufacturer of recreational products. Many of these engagements are innovative alternative fee arrangements, and one fixed-fee model that David and his client developed for handling national litigation was featured in an in-depth article in the Business Section of the Chicago Tribune.
David has handled high-profile cases that have drawn considerable media attention. Cases in which he has appeared as lead trial counsel have been covered by the Chicago Tribune, the Chicago Sun-Times, the Wall Street Journal, and the New York Times, among others. He has appeared on CNBC and has been quoted in dozens of newspapers and magazines, including USA Today and Crain’s Chicago Business.
Representative Experience
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Defeated class certification and prevailed on Daubert arguments dismissing the opinions of class plaintiffs’ damages and consumer survey experts, successfully arguing on behalf of telehealth company that plaintiffs' claims involved too many individualized questions regarding injury and damages, rendering class treatment inappropriate.
- Representing a national real estate investment company in an arbitration involving alleged breach of fiduciary duty claims.
- Representing a private equity fund in connection with a dispute involving investments in movie distribution rights.
- Representing a publicly traded manufacturer and seller of FDA Class II medical devices in a series of nationwide consumer class action lawsuits.
- Representing a publicly traded consumer products company in connection with a series of states and federal shareholder class action lawsuits allegedly arising from an Initial Public Offering.
- Representing a global consumer goods conglomerate in connection with fraud and other claims arising from advertising and media buying services.
- Representing a restaurant franchise in connection with fraud and other claims arising from advertising and media buying services.
- Representing a global manufacturer of consumer goods in connection with mass arbitration filings.
- Representing a global manufacturer of plumbing fixtures in connection with alleged violations of government contracting regulations.
- Representing a global manufacturer of consumer goods in a lawsuit alleging anticompetitive conduct and antitrust violations against a healthcare insurer.
- Representing a consumer goods company in a defamation lawsuit against a television network.
