David Kiernan is Partner-in-Charge of the Firm's Northern California Region and head of litigation for the San Francisco Office. He also serves as one of the two Client Affairs Partners for the Firm. He represents domestic and foreign clients across industries, with a particular focus on high-tech, energy, and health care, in high-stakes litigation, arbitrations, and government investigations. He has extensive experience litigating antitrust and unfair business practice cases (including under California's UCL, Bus. & Prof. Code § 17200 et seq., and Consumer Legal Remedies Act [CLRA]), fraud, consumer class actions, disputes involving complex financial transactions, and bankruptcy. He has litigated cases throughout the U.S. and has argued before the Ninth Circuit and California Court of Appeals.
David's recent matters include representing a refiner in a price-fixing class action; a health care provider in federal and state class actions alleging tying and market leveraging; a software company against a competitor involving claims of tying and monopolization; two high-tech companies in an antitrust class action where plaintiffs sought more than $9 billion; a high-tech company in a $1 billion antitrust class action, which resulted in a defense verdict; a health insurance company against federal and state competition law claims and obtaining a dismissal with prejudice; an energy company in an ICC arbitration involving antitrust and Section 16600 claims; various Kuwaiti entities in disputes arising out of foreign investments; and foreign investment funds in clawback actions seeking more than $3 billion.
David also devotes a significant amount of time to pro bono work.
- October 8, 2014
2014 Labor & Employment Law Discussion Group
- November 14, 2013
Ethical and Practical Considerations of Using Technology-Assisted Review in Litigation, Celesq/Westlaw Legal Ed
- September 18, 2013
The E-Discovery Cost Saving Solutions: The New Drivers for Efficiency and Spending Less
- January 31, 2013
Ethics Privilege, and e-Discovery, Jones Day MCLE University
- University of California, Hastings College of the Law (J.D. magna cum laude 2001; Order of the Coif); Yale University (B.A. 1994)
- California and Georgia
- Chambers USA: America's Leading Lawyers for Business (2017, recognized practitioner)
- Law Clerk to the Honorable Norman H. Stahl, United States Court of Appeals, First Circuit (2002-2003)