FacultyFaculty/Author Profile
David F. McDowell

David F. McDowell

Morrison & Foerster LLP

Los Angeles, CA, USA

Throughout his career, David McDowell has been on the forefront of legal issues facing retailers and consumer product manufacturers. His victories before the California Supreme Court eliminated nearly all consumer class actions over sales tax cases, Loeffler v. Target, 58 Cal.4th 1081 (2014), and all pre-Proposition 64 “no injury” cases, Californians for Disability Rights v. Mervyns, 39 Cal.4th 223 (2006). With nearly 30 years’ experience advising retailers and consumer product companies, Dave speaks the language of his clients, providing practical and timely legal advice that is tailored to today’s fast moving retail environments.

Dave’s combination of experience and practicality has led to successes in the appellate and trial courts in cases that have defined the rights and limited the duties of retailers in a variety of other arenas, including marketing practices, advertising and other promotions, labeling of goods, use of retail property for solicitation and signature gathering, and other areas important to retailers and consumer product companies.

As part of his regular practice focus on unfair business practice issues, false advertising, and other consumer class action litigation, Dave is currently working extensively in areas where consumers directly interact with technology, such as privacy and data security and accessibility under the ADA and related laws.

Privacy and Data Security

Dave represents Target Corporation in connection with its investigations and ongoing litigation and regulatory inquiries related to the theft of customers’ credit and debit card data. In addition, he has advised numerous other companies on data security and breach-related issues. Beyond data security, he represents well-known technology companies in privacy class actions across the United States as well as household-name retailers in dozens of other alleged invasion of privacy litigations and FTC investigations.


Brown University (A.B., 1983)

University of Chicago Law School (J.D., 1986)


Legal 500 2014
Recommended in the areas of Data Protection and Privacy, and Marketing and Advertising

Southern California Super Lawyers
Repeatedly recognized in the categories of Class Action/Mass Tort Litigation and Civil Litigation Defense


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