David Kiernan is Partner-in-Charge of the Firm's Northern California Region and head of litigation for the San Francisco Office. David represents clients across industries, with a particular focus on tech, energy, and health care, in litigation and government investigations. He has extensive experience litigating antitrust and unfair business practice cases (including under 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 two class actions and an action by the California Attorney General alleging tying and monopolization; an oil refiner in two class actions alleging that California refiners conspired to restrict supply to cause price spikes; tech companies in a number of employee class actions challenging no-poach agreements; a digital advertising company in a case alleging predatory pricing; a software company in a case brought by a competitor challenging licensing restrictions and lack of interoperability; a tech company in an antitrust class action challenging the company's refusal to deal; and a solar technology company in an international arbitration alleging market allocation. David also counsels clients on antitrust and competition law issues related to licensing, interoperability, refusal to deal, discounting, bundling, and pricing.
- 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) and "Top 100 Lawyers in California" (2020)
- Law Clerk to the Honorable Norman H. Stahl, United States Court of Appeals, First Circuit (2002-2003)