David M. Goldstein joined the firm in 1989. He is a member of the Antitrust & Trade Regulation Practice Group and the Complex Commercial Litigation Practice Group. He has served in a number of management positions in the firm, including in the Antitrust & Trade Regulation Practice Group and as a co-chair of the San Francisco Litigation Department. He also has served as a member of the San Francisco Management Committee.

Experience

Mr. Goldstein represents clients in high-profile, bet-the-company litigation, including multi-defendant cases and class actions. For the past decade, his practice has focused on antitrust and trade regulation cases in a wide range of industries, such as computer memory chips, credit and debit cards, DSL technology, LED lighting, identity theft, motor oil and heart pumps. In these and other engagements, Mr. Goldstein has litigated cases or counseled clients in a broad range of areas such as price-fixing, standard setting, monopolization, tying, false advertising, and mergers. Mr. Goldstein also has provided counseling with respect to antitrust issues in licensing agreements, trade association activities, and mergers. In addition to antitrust matters, he has represented clients in cases involving the Unfair Competition Law, the Fair Credit Reporting Act, the Lanham Act, the False Claims Act, investment management services, insurance coverage, real estate and other business disputes. He also has represented clients in matters involving the First Amendment.

Mr. Goldstein has been active in the Bar Association of San Francisco for many years. He is the current Vice Chair of the Litigation Section’s Executive Committee, and he has served on that committee since 2004; from 1999-2002 he served on the Editorial Board of San Francisco Attorney Magazine; and from 1998-1999 he was the Editor of the Barrister’s Club Law Journal.

Representative Engagements

• Experian Solutions, Inc. v. LifeLock, Inc.: Represents LifeLock in action defending against Lanham Act, Unfair Competition Law, False Advertising Law, and common law claims, and also in asserting similar counterclaims against Experian.
• In re Static Random Access Memory (SRAM) Antitrust Litigation, MDL No. 1819: Represents Sony in connection with direct and indirect purchaser class actions alleging price-fixing with respect to SRAM chips.
• GlobespanVirata, Inc. v. Texas Instruments, Inc., 2006 WL 543155 (D.N.J., Mar. 3, 2006).  Represented Texas Instruments in action asserting Section 1 and Section 2 claims based on standard setting for ADSL technology.
• In re Visa Check/MasterMoney Antitrust Litigation: Represented Visa, and was a member of the trial team, in a purported $100 billion class action brought by Wal-Mart and other merchants asserting that Visa’s Honor All Cards rule for merchant acceptance of Visa-branded credit and debit cards constituted unlawful tying and attempted monopolization under the Sherman Act.  
• Southard v. Visa U.S.A. Inc., 734 N.W.2d 192 (2007); Kanne v. Visa U.S.A. Inc., 723 N.W.2d 293 (Neb. 2006); Bennett v. Visa U.S.A. Inc., 198 S.W.3d 747 (Tenn. Ct. App. 2006); Ho v. Visa U.S.A. Inc., 793 N.Y.S. 2d 8 (N.Y. App. Div. 2005). Represented Visa in approximately 40 purported indirect purchaser class actions asserting state antitrust, consumer protection and common law claims in follow-on cases to In re Visa Check.
• United States v. Visa U.S.A. Inc., et al.: Represented Visa in defending against MasterCard’s challenge to Visa’s rule imposing a fee on financial institutions to fund the settlement in In re Visa Check.
• Oil Changer, Inc. v. Pennzoil-Quaker State: Represented Pennzoil-Quaker State in Oil Changer’s Clayton Act challenge to the merger of Pennzoil and Quaker State.
• Thoratec/Thermo Cardiosystems: Represented Thoratec, a manufacturer of cardiac assist devices, in its Hart-Scott-Rodino proceedings before the FTC in connection with its merger with Thermo Cardiosystems.
• Barrus v. Sylvania, 55 F.3d 468 (9th Cir. 1995): Represented Sylvania in action asserting false advertising claims under the Lanham Act.
• Sahadi v. Seagate Technology:  Represented Sahadi in a three-week arbitration to determine the fair market rent for a property in Silicon Valley.
• State ex rel. Stull v. Bank of America: Represented Bank of America in an action asserting False Claims Act and unfair business practices arising from the bank’s administration of trust accounts.
• Govett American Endeavor Fund v. Berkeley International Capital Corporation: Represented Berkeley, an investment manager, in international litigation concerning its management of investment funds.
• Browning-Ferris Industries of California v. City of San Jose: Represented Browning-Ferris Industries in litigation over contracts to provide waste disposal services in San Jose.
• In re American Continental Corporation/Lincoln Savings & Loan Securities Litigation: Represented Arthur Young & Co. in securities and accountant liability lawsuits stemming from the failure of Lincoln Savings & Loan.
• Anti-Defamation League of B’nai B’rith, et al. v. Superior Court (Audrey Shabbas), 67 Cal. App. 4th 1072 (1998): Represented the Anti-Defamation League in litigation under California’s Information Practices Act.

Speaking Engagements

• “Antitrust Issues in Licensing Intellectual Property” (Licensing Executives Society, San Diego, March 18, 2008)
• “Current Antitrust Issues in Standard Setting and Licensing” (Stanford University, Jan. 9, 2008)
• “Preparing For and Taking Depositions” (Bar Association of San Francisco, Oct. 11, 2007)
• “Preparing For and Defending Depositions” (Bar Association of San Francisco,  Sept. 19, 2007)
• “Section 17200 After the Supreme Court’s Prop 64 Rulings in Mervyn’s and Branick” (Bar Association of San Francisco, Sept. 20, 2006)
• “Rule 30(b)(6):  The Litigator’s Friend or Enemy?” (Bar Association of San Francisco, July 27, 2006)