David Burman, a partner in the firm's Commercial Litigation practice, has more
than 30 years of experience in litigation, including antitrust, appellate, class
action, consumer protection, constitutional, media, patent and intellectual
property, privacy, and other cases. He also counsels clients in these and other
areas. He has worked on many high-profile cases, including two U.S. Supreme
Court arguments, the trial contesting the 2004 Washington State Governor's
election, Costco Wholesale Corporation's precedent-setting antitrust and
constitutional challenges to state wine and liquor laws, and the Yellow Pages
publishers' successful constitutional challenge to municipal restrictions on
distribution. He was national counsel in the Pharmaceutical AWP class actions
in a federal MDL and more than a dozen state courts. He served as a lawyer
representative to the Ninth Circuit Judicial Conference in 2003 - 2006 and 2009,
was a speaker at the 2010 Conference and served on the Ninth Circuit Rules
Advisory Committee. He was selected as a fellow of the American College of
Trial Lawyers and as a member of the American Law Institute, where he was an
advisor in drafting the "Principles of Aggregate Litigation."
been chair of the firm's Commercial Litigation practice, has served on its
management and executive committees, and has acted as client service partner for
one of the firm's largest institutional clients.
Saxon Innovations v. Apple et al. — Represented Intel Corporation in defense of patent infringement action in E.D. Tex. alleging infringement of patents relating to microprocessor, chipset and wireless communications/privacy technology.
Pharmaceutical Industry Average Wholesale Price Litigation
National coordinating and trial counsel for defendant in nationwide consumer protection class action, parens patriae, antitrust and false claims act challenges to pharmaceutical pricing.
Defended cases in U.S. District Court for the District of Massachusetts and in state courts in Alabama, Alaska, Arizona, Illinois, Iowa, Kansas, Kentucky, Mississippi, New Jersey, New York, Pennsylvania, and Wisconsin.
Costco v. Hoen — Plaintiff''s counsel in antitrust and constitutional challenge to state laws governing the sale and distribution of wine and beer. Costco prevailed at trial. The Ninth Circuit affirmed the invalidity of some of the regulations but reversed as to others. In a separate appeal, Costco prevailed on its argument that an association of wine and beer distributors that had intervened in the case could be held jointly liable for Costco''s attorney''s fees. 407 F. Supp. 2d 1234 & 1247 (W.D. Wash. 2005); 514 F.3d 915 (9th Cir. 2008); 538 F.3d 1128 (9th Cir. 2008). In 2009, the district court awarded Costco $2 million in fees and costs.
Borders v. King County
Defeated challenge to the election of Washington State Governor Christine Gregoire, the closest gubernatorial election in U.S. history. After a two-week trial, the court upheld the election results.
Brown v. Legal Foundation of Washington
Defeated constitutional challenge to Interest on Lawyer Trust Account (IOLTA) program that provides substantial funding for legal aid programs nationwide. Supreme Court affirmed en banc Ninth Circuit ruling that such programs are not unconstitutional. 538 U.S. 216 (2003), aff''g 271 F.3d 835 (9th Cir. 2001) (en banc)