David Martinez

David Martinez represents a wide range of U.S. and international clients in all forms of dispute resolution and business counseling, with emphasis in the areas of commercial, intellectual property, unfair competition, shareholder and partnership litigation, arbitration and mediation. His clients range from individuals to start-ups to Fortune 100 companies in the real estate, fashion, media, financial, entertainment, manufacturing, technology and legal services industries. He also serves as outside general counsel for select clients.

Mr. Martinez has substantial experience in partnership disputes, including representation of a prominent national law firm in a dispute with departing partners.  These clients especially appreciate David’s deep understanding of law firm operations based on his experience as a member of the Robins Kaplan Executive Board.

Education

• Southwestern University School of Law, J.D., cum laude (1997), Southwestern Law Review
• University of California at Santa Barbara, B.A. (1994)

Languages

Representative Matters

Represents shareholders, LLC members and partners in a wide range of fiduciary duty and breach of contract disputes, including direct and derivative litigation. 

Secured settlements in excess of $400 million on behalf of Best Buy action alleging price-fixing conspiracy between manufacturer of television and computer monitor cathode ray tubes.

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

Represents Spanish, Latin American and other foreign corporations in litigation and transactional matters in the United States, including the dismissal of a $30 million products liability claim against a Spanish manufacturer and the dismissal of a multi-million dollar intentional interference action against a Spanish cosmetics retailer.

Successful defense and prosecution of copyright and trademark litigation, including claims for infringement, counterfeiting, and dilution, as well as adversarial proceedings before the United States Patent and Trademark Office.

Obtained unanimous ruling denying a UDRP arbitration demand.

Lead counsel in defense of three businessmen against claims brought under Racketeer Influenced and Corrupt Organizations Act (RICO). All claims were dismissed by the United States District Court for the Central District of California, and the dismissal was affirmed by a three-judge panel of United States Court of Appeals for the Ninth Circuit.

Summary judgment in favor of national retailer in copyright infringement action in the fashion industry, resulting in the invalidation of the plaintiff’s copyright registration.

Obtained 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 theatre 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.

• Listed in "Top 100 Lawyers," Los Angeles Business Journal (2024)
• Listed in “500 Leading Litigators in America,” Lawdragon (2023-2025)
• Listed in The Best Lawyers in America (2021-2025 editions)
• Listed in “Leaders of Influence: Litigators & Trial Attorneys," Los Angeles Business Journal (2022-2024)
• Named a "Southern California Super Lawyer," Super Lawyers (2013-2024)
• Listed as a "Top Trademark Professional," World Trademark Review 1000 (2019-2024)
• Named to Daily Journal’s List of “Top Intellectual Property Lawyers.” (2021)
• Named a “Stand-out Lawyer,” Thomson Reuters (2023-2024)
• Awarded “25th Anniversary 2023 Latino Leadership Award,” Profiles in Diversity Journal (2023)
• Named to “Minority Leaders of Influence: Attorneys,” Los Angeles Business Journal (2021, 2023)
• Member of the Antitrust Practice Group recognized on Law360's list of Competition Practice Groups of the Year (2015)
• Recipient of the “Client Choice Award for Intellectual Property – Copyright in California,” Lexology and International Law Office (2014)
• Has been recognized by public and private entities for outstanding commitment to pro bono advocacy.
• Named a "Rising Star" by Law & Politics Magazine (2007-2008)
• Featured in Profiles in Diversity Journal (2013)

Civic

• California Rural Legal Assistance, Inc., Board of Directors (2007-present)
• Century City Chamber of Commerce, Board of Directors (2006-2016)
• California State Bar's Standing Committee on the Delivery of Legal Services (2003-2006)

Professional

• Hispanic National Bar Association 
• American Bar Association
• Los Angeles Bar Association
• USC Gould School of Law IP Institute, Planning Committee
• CRLA Inc., Board Member

Speeches

• Fireside Chat with Former California Supreme Court Justice Carlos Moreno
  Webinar, Celebration of Hispanic and Latinx Heritage Month, Los Angeles California (October 3, 2023)
• What’s Next?! Asserting Lease Rights When You Close Stores for COVID-19
  Webinar, National Retail Tenants Association (March 25, 2020)
• Lessons From the Rock Stars Top 10 Business Development Tools
  Hispanic National Bar Association, Corporate Counsel Conference, Albuquerque, New Mexico (March 21, 2019)
• The Rise of the Machines: From Chatbots to Robots, How AI Is Reshaping the Business and Practice of Law
  Hispanic National Bar Association, Corporate Counsel Conference, San Francisco, California (March 16, 2018)
• Important Restructuring and Reorganization Issues in the Retail Industry
  California Retailers Association, Sacramento, California (May 31, 2017)
• The Role of IP Protection and the Path to Innovation & Progress
  Hispanic National Bar Association, Corporate Counsel Conference, Miami, Florida (April 1, 2017)
• IP Considerations for Tech Start Ups
  Spain Tech Center, San Francisco, California (November 10, 2015)
• Ethical Issues in Witness Preparation
  American Bar Association, Spring Conference, Washington, D.C. (April 15, 2015)
• Deposition Practice: How to Prepare for Trial
  American Bar Association, Section Antitrust Law, Webinar (June 25, 2014)
• Impact of Federal Trade Secret Legislation and Recent Cases: Protecting Your Company’s Trade Secrets
  Practising Law Institute, Webcast (April 9, 2014)
• Shh Its a Secret Every Attorney Should Know about Trade Secrets
  California Minority Corporate Counsel Program, 24th Annual Business Conference (September 25, 2013)
• Intellectual Property Basics
  LawReviewCle, Webcast (March 29, 2012)
• Introduction to Copyright and Trademark Law
  LawReviewCle, Los Angeles, California (July 21, 2011)
• Introduction to Copyright, Trademark and Other IP Law
  LawReviewCle, Pasadena, California (April 26, 2011)
• Civil Procedure Workshop (Faculty Member)
  Minneapolis, Minnesota (May 13, 2009)
• Litigation Skills
  Lorman Education Services, Los Angeles, California (November 30, 2005)
• Attorney Advertising and Solicitation
  Law Practice Management & Technology, California State Bar Convention (October 1, 2004)
• Attorney Advertising and Solicitation From The Common Place To Cyberspace
  Section Education Institute of the California State Bar, Berkeley, California (January 1, 2003)

Media Mentions

• "Justices’ Look at ‘Dewberry’ Award to Reach Beyond Trademark Law," Bloomberg Law (June 27, 2024)
• "Leaders of Influence: Litigators & Trial Attorneys 2023 – David Martinez," Los Angeles Business Journal (August 10, 2023)
• "Ye-Adidas Divorce Muddles Ownership of Yeezy Brand, Designs," Bloomberg Law (October 26, 2022)
• "Booking․com and legal experts react to Supreme Court decision," World Trademark Review (July 1, 2020) 
• "Attorneys React to High Court's Copyright Ban for Annotated State Laws," Westlaw Journal IP (May 6, 2020)
• "SCOTUS reversal of Lucky Brand ruling ‘likely,’" Intellectual Property Magazine (January 14, 2020)
• ‘"Defence preclusion’ line falls flat at SCOTUS, say lawyers," World Intellectual Property Review (January 14, 2020) 
• "Summer Associate Was Once her Boss' Pro Bono Asylum Case," Daily Journal (May 31, 2017)
• "Robins Kaplan LLP Secures Ninth Circuit Victory for Defendants in Civil RICO Action," Yahoo Finance (January 6, 2017)
• "Lawyers Unite to Help Assure Justice for All," Los Angeles Times (March 11, 2005)