David Martinez

310.552.0130

David Martinez

Partner

Pro Bono Chair, Los Angeles Office;
Member of the Firm's Diversity Committee

Experience

Mr. Martinez represents a wide range of U.S. and international clients in all forms of dispute resolution, with emphasis in the areas of intellectual property, business, antitrust and class action litigation.  Mr. Martinez helps his clients resolve complex business and IP disputes, as well as protect and monetize their intellectual property and manage risk. 

His clients range from individuals to start-ups to Fortune 100 companies in the 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.

Following service in the U.S. Navy (1986-1990), Mr. Martinez 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 fifteen 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 wife and raising their three sons.

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Represented Best Buy in multidistrict litigation over alleged price-fixing in the market for cathode ray tubes in televisions. The claims resulted in confidential settlements with several large electronics manufacturers, including LG, Panasonic, and Toshiba.

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.

Successful defense and prosecution of copyright and trademark disputes, including claims for infringement, counterfeiting, and dilution matters on behalf of clients in the retail, fashion, entertainment, and manufacturing industries.

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

Super Lawyers 2019
  • Listed as a "Top Trademark Professional" in the 2019 edition of World Trademark Review 1000
  • Member of the Antitrust Practice Group recognized on Law360's list of Competition Practice Groups of the Year (2015)
  • Recipient of the “Client Choice Award for Intellectual Property – Copyright in California,”  Lexology and International Law Office (2014)
  • Has been recognized by public and private entities for outstanding commitment to pro bono advocacy
  • Named a "Southern California Super Lawyer," Super Lawyers (2013-2019)
  • Named a "Rising Star" by Law & Politics Magazine (2007-2008)
  • Featured in Profiles in Diversity Journal (2013)
  • 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)
Bar Admissions
  • California
  • U.S. Court of Appeals, Ninth Circuit
  • U.S. District Court, Central District of California
  • U.S. District Court, Eastern District of California
  • U.S. District Court, Northern District of California
  • U.S. District Court, Southern District of California
  • U.S. Court of Appeals, Federal Circuit
  • U.S. Supreme Court
Spoken Languages
  • Spanish
Education
  • Southwestern University School of Law, J.D., cum laude (1997), Southwestern Law Review
  • University of California at Santa Barbara, B.A. (1994)
Professional Associations
  • American Association for Justice
  • American Bar Association
  • Association of Business Trial Lawyers
  • Los Angeles Bar Association
  • Hispanic National Bar Association 
  • USC Gould School of Law IP Institute, Planning Committee

  • Lessons from the Rock Stars Top 10 Business Development Tools
    Hispanic National Bar Association, Corporate Counsel Conference, Albuquerque, New Mexico (March 21, 2019)
  • The Rise of the Machines: From Chatbots to Robots, How AI Is Reshaping the Business and Practice of Law
    Hispanic National Bar Association, Corporate Counsel Conference, San Francisco, California (March 16, 2018)
  • Important Restructuring and Reorganization Issues in the Retail Industry
    California Retailers Association, Sacramento, California (May 31, 2017)
  • The Role of IP Protection and the Path to Innovation & Progress
    Hispanic National Bar Association, Corporate Counsel Conference, Miami, Florida (April 1, 2017)
  • IP Considerations for Tech Start Ups
    Spain Tech Center, San Francisco, California (November 10, 2015)
  • Ethical Issues in Witness Preparation
    American Bar Association, Spring Conference, Washington, D.C. (April 15, 2015)
  • Deposition Practice: How to Prepare for Trial
    American Bar Association, Section Antitrust Law, Webinar (June 25, 2014)
  • Impact of Federal Trade Secret Legislation and Recent Cases: Protecting Your Company’s Trade Secrets
    Practising Law Institute, Webcast (April 9, 2014)
  • Shh Its a Secret Every Attorney Should Know about Trade Secrets
    California Minority Corporate Counsel Program, 24th Annual Business Conference (September 25, 2013)
  • Intellectual Property Basics
    LawReviewCle, Webcast (March 29, 2012)
  • Introduction to Copyright and Trademark Law
    LawReviewCle, Los Angeles, California (July 21, 2011)
  • Introduction to Copyright, Trademark and Other IP Law
    LawReviewCle, Pasadena, California (April 26, 2011)
  • Civil Procedure Workshop (Faculty Member)
    Minneapolis, Minnesota (May 13, 2009)
  • Litigation Skills
    Lorman Education Services, Los Angeles, California (November 30, 2005)
  • Attorney Advertising and Solicitation
    Law Practice Management & Technology, California State Bar Convention (October 1, 2004)
  • Attorney Advertising and Solicitation From The Common Place To Cyberspace
    Section Education Institute of the California State Bar, Berkeley, California (January 1, 2003)
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