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 Co-Client Affairs Partner for the Firm. David represents clients across industries, with a particular focus on high-tech, energy, and health care, in litigation, arbitrations, and government investigations. He has extensive experience litigating antitrust and unfair business practice cases (including California's UCL, Bus. & Prof. Code § 17200, and Consumer Legal Remedies Act [CLRA]), fraud, class actions, partnership and joint venture disputes, and bankruptcy. He has litigated cases across the United States and argued before the Ninth Circuit and California Court of Appeals.
David's recent matters include representing a hospital system in a class action and action by the California Attorney General alleging tying and monopolization; a refiner in a price-fixing class action; a railroad company in a wage fixing case; a digital advertising company in a case alleging below cost pricing; a software company against a competitor challenging licensing and lack of interoperability; two high-tech companies challenging no-poach agreements; 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 an energy company in an International Chamber of Commerce (ICC) arbitration involving antitrust and Section 16600 claims. David also counsels clients on antitrust and competition law issues, including interoperability, discounting, bundling, and pricing.
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)
Daily Journal "Top Antitrust Lawyers in California" (2020)
- Law Clerk to the Honorable Norman H. Stahl, United States Court of Appeals, First Circuit (2002-2003)