David H. Stern

Partner

Los Angeles
T +1.310.979.8480
F +1.310.820.8859

Overview

Through his commercial litigation practice, David Stern represents a wide range of clients in complex, high-stakes matters. He has notable first chair trial experience in state and federal courts. He has represented clients in class actions, antitrust, intellectual property, contract, real estate, employment, and securities matters across the United States.

David also regularly provides strategic counsel to international and domestic companies and individuals, including those in the aircraft, automotive, entertainment, environmental, food and beverage, gaming, healthcare, private equity, real estate, retail, and sports sectors. He also has experience representing clients in arbitrations, both nationally and abroad.

Select Experience

Class Actions
  • On behalf of Renal Advantage, a subsidiary for Fresenius Medical Care, defeated a proposed class action suit when the U.S. Court of Appeals for the 9th Circuit affirmed a lower court's dismissal.
Complex Litigation
  • Represented a publicly traded financial institution in litigation against multiple borrowers on credit lines arising out of the development of luxury residential real estate in Hawaii.
Antitrust and Intellectual Property Litigation
  • Obtained summary judgment in for Tim Mosley (Timbaland) and Shawn Carter (Jay-Z) in a copyright infringement action in the Central District of California.
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Experience

Class Actions
  • On behalf of Renal Advantage, a subsidiary for Fresenius Medical Care, defeated a proposed class action suit when the U.S. Court of Appeals for the 9th Circuit affirmed a lower court's dismissal.
  • Secured a motion to dismiss a business tort action against bwin.party digital entertainment PLC in the Southern District of Florida for lack of personal jurisdiction.
  • Represented subsidiaries of bwin.party digital entertainment in an international arbitration for alleged breach of contract and fraud relating to the purchase of the World Poker Tour.
  • Moreyra v. Fresenius Medical Care Holdings Inc. et al: On behalf of Fresenius Medical Care, defeated class certification of meal-break wage and hour claims in the Central District of California.
  • Defeated a motion for class certification on behalf of Burberry in the Central District of California, alleging that Burberry failed to comply with the Fair and Accurate Credit Transactions Act by printing credit card expiration dates on customer receipts.
  • Reached a favorable settlement in an insurance coverage case regarding California's alleged $250 million liability for the Stringfellow Acid Pit.
  • Represented more than 20 drag racing teams in unfair-competition suit against the National Hot Rod Association.
Complex Litigation
  • Represented a publicly traded financial institution in litigation against multiple borrowers on credit lines arising out of the development of luxury residential real estate in Hawaii.
  • Represented a subsidiary of Experian in litigation over internet marketing of consumer credit monitoring products.
  • Obtained a favorable summary judgment on behalf of The Boeing Co. and McDonnell Douglas Corp. in federal multidistrict litigation arising out of the crash of Alaska Airlines Flight 261, an MD-83 aircraft.
Antitrust and Intellectual Property Litigation
  • Obtained summary judgment in for Tim Mosley (Timbaland) and Shawn Carter (Jay-Z) in a copyright infringement action in the Central District of California.
  • Obtained summary judgment on behalf of the song writing, performing and recording artists Antwan Patton and Andre Benjamin (OutKast) in a declaratory judgment action commenced against them in federal court in Los Angeles.
  • Engineered summary judgment motion in the Central District of California that led to the U.S. Supreme Court's seminal decision in Independent Ink v. Illinois Tool Works Inc., abolishing the presumption of market power in a Section 1 "patent-tying" action.

Recognitions and Memberships

Community

  • Western Center on Law & Poverty: Former Director

Admissions

  • U.S. Court of Appeals, Second Circuit
  • U.S. Court of Appeals, Eighth Circuit
  • 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. District Court, District of Minnesota
  • California
  • District of Columbia
  • Minnesota

Education

  • J.D., University of Minnesota Law School, 1992
  • M.Sc., London School of Economics, 1989
  • B.A., St. John’s University, 1988, summa cum laude

Blog

In The Blogs

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Class Action Lawsuit Defense
The U.S. Supreme Court Agrees to Hear Case Regarding Whether State Business Registration Requirements Can Create General Personal Jurisdiction
May 3, 2022
The U.S. Supreme Court has agreed to consider whether the Due Process Clause of the Fourteenth Amendment prohibits a state from requiring a corporation to consent to personal jurisdiction as a condition to doing business in the state...
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Class Action Lawsuit Defense
Concrete and Particularized Part II: What Spokeo May Mean for Class Actions
May 20, 2016
This blog post is the second in a series of posts that Baker & Hostetler LLP is devoting to the significant decision Robins v. Spokeo, No. 13-1339, 537 U.S. ___ (2016) (Spokeo). Monday’s post focused on Spokeo’s effect on privacy class...
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Class Action Lawsuit Defense
Supreme Court Holds That Plaintiffs Must Allege Concrete and Particularized Injury To Have Standing To Assert FCRA Claim
May 16, 2016
Today, the U.S. Supreme Court decided Robins v. Spokeo, Inc., which addressed the question of whether a plaintiff has satisfied Article III’s injury-in-fact standing requirement by alleging a statutory violation but no concrete injury. Our...
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Class Action Lawsuit Defense
CFPB Announces Proposed Ban to Mandatory Class Action Waivers in Arbitration Agreements
May 12, 2016
Our Financial Services Blog recently posted about the Consumer Financial Protection Bureau’s (CFPB) Notice of Proposed Rulemaking on a proposed rule to prohibit covered institutions from including, in most core consumer contracts...
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Class Action Lawsuit Defense
The Eighth Circuit Weighs in on Ascertainability
May 9, 2016
Last week, the Eighth Circuit weighed in on a hot and unsettled topic: the ascertainability standard for class certification. In Sandusky Wellness Center, LLC v. Medtox Scientific, Inc., No. 15-1317, 2016 U.S. App. LEXIS 7992 (8th Cir. May...
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