DAVID L. ANDERSON is a trial lawyer who represents clients in their most important and sensitive matters. He has represented Ariba, AT&T, Bank of the West, Blue Coat Systems, Building Materials Holding Corporation, Chevron, Dynegy, Franklin Templeton, InterMune, Juniper Networks, Marvell, OmniVision, Selectica, STMicro, Union Bank of California and Wells Fargo, or related persons, in significant matters for those clients, within the past ten years.
These clients selected Mr. Anderson based on a demonstrated record of success both in and outside of the courtroom. He has been described in the legal press as “thorough, professional and courteous,” “smart and well-organized,” “good in front of a jury” and “well known and respected.” Twice in 2011 Mr. Anderson was named in Law360 as “a litigator you fear going up against in court.” Most recently, Mr. Anderson was recognized by The Best Lawyers in America in White Collar law and the International Who’s Who in Business Crime Defense.
Within the past year Mr. Anderson has led representations in the following three areas:
Criminal and SEC cases. Currently he represents individuals in federal criminal investigations involving alleged violations of the antitrust and securities laws. In the past he has represented companies and individuals in investigations involving antitrust, insider trading, healthcare, licensing, obstruction of justice, securities and tax.
Independent investigations. Last year he represented the Special Committee of the Board of Directors of a publicly held company in an investigation of revenue recognition and other accounting items that had become the subject of an SEC enforcement investigation, NYSE delisting proceedings and securities litigation. Within the past ten years he led six public companies through accounting restatements as counsel to the audit or special committee or the company, and conducted a larger number of investigations that did not result in any public disclosure or restatement. Mr. Anderson has a strong background in accounting and finance, and earned his undergraduate degree in business with a concentration in accounting. Before going to law school, he briefly worked at a Big Four accounting firm.
Complex commercial litigation. Currently he represents defendants in patent and antitrust cases. Last year he represented the plaintiff in a trade secrets case that he concluded in less than six months by obtaining a temporary restraining order, permanent injunction and final judgment against the defendant. He has worked on numerous securities cases over the past twenty years, taught securities regulation at Hastings College of the Law in 1994-1995, and testified before Congress in support of the Securities Litigation Uniform Standards Act in 1998.
Mr. Anderson is a former federal prosecutor whose early trial experiences were in bank robbery, gun, gang and narcotics cases. He prosecuted one of Oakland’s most violent and notorious gang leaders, who was convicted after a lengthy trial and sentenced to life imprisonment without parole. Eventually he was named First Assistant U.S. Attorney, with responsibility for all criminal, civil and tax cases in the San Francisco, San Jose and Oakland U.S. Attorney’s Offices. As the Acting U.S. Attorney, he personally tried two of the most significant securities fraud cases in Northern California in the past decade: a massive revenue recognition case, United States v. Charles W. McCall, and one of the only criminal stock-options backdating cases in which the government prevailed in trial and on appeal, United States v. Gregory L. Reyes.
Despite the demands of his national practice, Mr. Anderson has served the local federal courts as chairman of the Magistrate Judge Merit Selection Panel and a member of the Criminal Justice Act Panel.
Mr. Anderson is regularly invited to speak within his practice area. His work and legal commentary have appeared in the Wall Street Journal, New York Times, San Francisco Chronicle, all the major wire services and the legal press. Among his past speaking engagements are the following: Defending Corporate Criminal Cases Independent and Government Investigations What to Do When the SEC Calls What New Public Companies Need to Know about Corporate Criminal Law Hedge Fund Roundtable: Using Experts and Expert Networks On November 3, 2011, the law firm associate website Above the Law named Mr. Anderson one of the top partners to work for in California.
U.S. v. Douglas F. Whitman (2012) — Criminal Insider-Trading case in the Southern District of New York.
U.S. v. Gregory L. Reyes (2010) — Secrurities fraud case in the Northern District of California
U.S. v. Charles W. McCall (2009) — Securities fraud case in the Northern District of California.