Mr. Martinez represents a wide range of U.S. and international clients in all forms of dispute resolution and business counseling, with emphasis in the areas of commercial, intellectual property, unfair competition, shareholder and class action litigation, arbitration and mediation. His clients range from individuals to start-ups to Fortune 100 companies in the real estate, retail, fashion, transportation, financial, entertainment, manufacturing and technology industries, and often include Spanish and other foreign clients interested in developing a presence in the United States.
Mr. Martinez has won a reputation for his fierce commitment to his clients’ interests and to valued legal causes. This commitment has led to significant results for our clients, including recently recovering hundreds of millions in antitrust damages on behalf of a preeminent national retailer, as well as securing the outright dismissal of racketeering claims against civil RICO defendants.
Mr. Martinez joined the U.S. Navy when he was seventeen years old. After four years of honorable service in the U.S. and abroad, he turned to a career in law, graduating cum laude from Southwestern University School of Law, where he served on the Southwestern Law Review. Despite his heavy commercial litigation caseload, Mr. Martinez has found time to represent hundreds of pro bono clients over the last twenty years and serves on the Board of California Rural Legal Assistance, Inc., a public interest law firm championing the rights of the rural poor. He also is a prolific author and frequently lectures on intellectual property and other matters.
During his personal time, Mr. Martinez enjoys hiking, swimming, and skydiving, and loves spending time with his family.
Represents shareholders, members and partners in a wide range of fiduciary duty and breach of contract disputes, including direct and derivative litigation.
Secured settlements in excess of $400 million on behalf of Best Buy in a direct action arising from allegations of a price-fixing conspiracy between the leading makers of cathode ray tubes, which were once integral components of televisions and computer monitors. In re Cathode Ray Tube Antitrust Litigation, 07-cv-05944 (N.D. Cal.)
Recovered almost $400 million in damages in price fixing litigation against cartel of LCD panel manufacturers.
Represents Spanish and other foreign corporations in both litigation and transactional matters in the United States, including the dismissal of a $30 million products liability claim against a Spanish manufacturer and the dismissal of a multi-million dollar intentional interference action against a Spanish cosmetics retailer.
Successful defense and prosecution of copyright and trademark litigation, including claims for infringement, counterfeiting, and dilution, as well as adversarial proceedings before the United States Patent and Trademark Office on behalf of clients in the retail, fashion, entertainment, and manufacturing industries.
Obtained unanimous ruling denying a UDRP arbitration demand.
Lead counsel in defense of three businessmen against claims brought under Racketeer Influenced and Corrupt Organizations Act (RICO). All claims were dismissed by the United States District Court for the Central District of California, and the dismissal was affirmed by a three-judge panel of United States Court of Appeals for the Ninth Circuit.
Summary judgment in favor of national retailer in copyright infringement action in the fashion industry, resulting in the invalidation of the plaintiff’s copyright registration.
Obtained dismissal of copyright claims asserted against Best Buy; affirmed by Ninth Circuit; defense fees awarded under Section 505 of the Copyright Act.
Prevailed in trade secret arbitration concerning arterial stents.
Dismissal of all claims asserted against national movie theatre chain in copyright action involving audio-visual work.
Dismissal on summary judgment of antitrust complaint against national retailer alleging below cost sales; affirmed by Ninth Circuit.
Defense of medical device manufacturer in breach of contract and antitrust dispute with start-up regarding biomedical technology.
Dismissal of patent infringement action involving DNA.
Dismissal of class allegations in employment action against national retailer.
Dismissal of class action allegations in unfair competition case against major retailer.
Defeated motion for preliminary injunction seeking to block merger agreement and tender offer.
Dismissal at the pleading stage of unfair competition complaint for refund of sales taxes.
Class counsel in fraud and unfair business practices class actions against land developers.
Part of team that recovered $134 million on behalf of structured settlement beneficiaries in claims against financial institutions
- California Rural Legal Assistance, Inc., Board of Directors (2007-present)
- Century City Chamber of Commerce, Board of Directors (2006-2016)
- California State Bar's Standing Committee on the Delivery of Legal Services (2003-2006)
- "Leaders of Influence: Litigators & Trial Attorneys 2023 – David Martinez," Los Angeles Business Journal (August 10, 2023)
- "Ye-Adidas Divorce Muddles Ownership of Yeezy Brand, Designs," Bloomberg Law (October 26, 2022)
- "Booking․com and legal experts react to Supreme Court decision," World Trademark Review (July 1, 2020)
- "Attorneys React to High Court's Copyright Ban for Annotated State Laws," Westlaw Journal IP (May 6, 2020)
- "SCOTUS reversal of Lucky Brand ruling ‘likely,’" Intellectual Property Magazine (January 14, 2020)
- ‘"Defence preclusion’ line falls flat at SCOTUS, say lawyers," World Intellectual Property Review (January 14, 2020)
- "Summer Associate Was Once her Boss' Pro Bono Asylum Case," Daily Journal (May 31, 2017)
- "Robins Kaplan LLP Secures Ninth Circuit Victory for Defendants in Civil RICO Action," Yahoo Finance (January 6, 2017)
- "Lawyers Unite to Help Assure Justice for All," Los Angeles Times (March 11, 2005)
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