FacultyFaculty/Author Profile

David Martinez

Robins, Kaplan, Miller & Ciresi L.L.P.

Los Angeles, CA, USA


Experience
  • Mr. Martinez represents a wide range of clients in litigation through trial and appeal, with emphasis in the areas of intellectual property, business, antitrust and class action litigation. Mr. Martinez regularly helps clients resolve complex business and IP disputes, as well as protect and monetize their intellectual property and manage risk. His clients range from individuals to start-ups to Fortune 100 companies, and often include foreign clients interested in developing a presence in the United States.
  • Mr. Martinez has represented hundreds of clients over the last 15 years in a wide variety of pro bono matters, and serves on the board of California Rural Legal Assistance, Inc., a public interest law firm that champions the rights of the rural poor.
  • During his personal time, Mr. Martinez enjoys hiking and swimming, and loves spending time with his wife and raising their three sons.
  • United States Navy (1986-1990)
Selected Case Results*

Recovered almost $400 million in damages in price fixing litigation against cartel of LCD panel manufacturers.

Represents Spanish corporations in various litigation and transactional matters in the United States, including the dismissal of a $30 million products liability claim against Spanish client.

Successful defense and prosecution of various copyright and trademark matters on behalf of clients in the fashion and retail industries.

Dismissal of copyright claims asserted against Best Buy; affirmed by Ninth Circuit; defense fees awarded under Section 505 of the Copyright Act.

Prevailed in trade secret arbitration concerning arterial stents.

Dismissal of all claims asserted against national movie theater chain in copyright action involving audio-visual work.

Dismissal on summary judgment of antitrust complaint against national retailer alleging below cost sales; affirmed by Ninth Circuit.

Defense of medical device manufacturer in breach of contract and antitrust dispute with start-up regarding biomedical technology.

Dismissal of patent infringement action involving DNA.

Dismissal of class allegations in employment action against national retailer.

Dismissal of class action allegations in unfair competition case against major retailer.

Defeated motion for preliminary injunction seeking to block merger agreement and tender offer.

Dismissal at the pleading stage of unfair competition complaint for refund of sales taxes.

Class counsel in fraud and unfair business practices class actions against land developers.

Part of team that recovered $134 million on behalf of structured settlement beneficiaries in claims against financial institutions

*Past results are reported to provide the reader with an indication of the type of litigation we practice. They do not and should not be construed to create an expectation of result in any other case, as all cases are dependent upon their own unique fact situation and applicable law.

Recognition**
  • Has been recognized by public and private entities for outstanding commitment to pro bono advocacy.
  • Named a "Southern California Super Lawyer," Super Lawyers (2013-2014)
  • Named a "Rising Star" by Law & Politics Magazine (2007-2008)
  • Featured in Profiles in Diversity Journal (2013)
**Being named to the list or receiving the award is not intended and should not be viewed as comparative to other lawyers or to create an expectation about results that might be achieved in a future matter.

Community Service
  • California Rural Legal Assistance, Inc., Board of Directors (2007-present)
  • Century City Chamber of Commerce, Board of Directors (2006-present)
  • California State Bar's Standing Committee on the Delivery of Legal Services (2003-2006)

Practice Areas

  • Antitrust and Trade Regulation
  • Business Litigation
  • Class Action Litigation
  • Copyright
  • Intellectual Property and Technology Litigation
  • Patent Litigation
  • Trade Secret
  • Trademark, Advertising and Brand Litigation

Education

  • Southwestern University School of Law, J.D., cum laude (1997), Southwestern Law Review; Finalist-Alternate, Southwestern Moot Court Competition
  • University of California at Santa Barbara, B.A. (1994)

Languages

  • Spanish

Professional Associations

  • American Association for Justice
  • American Bar Association
  • Los Angeles Bar Association
  • Mexican-American Bar Association

Bar Admissions

  • California
  • 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, Eastern District of Washington
  • U.S. District Court, Northern District of California
  • U.S. District Court, Oregon
  • U.S. District Court, Southern District of California
  • U.S. Court of Appeals, Federal Circuit
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