Biography

Before starting his own firm, David practiced in the business litigation departments of two national law firms, Brobeck, Phleger & Harrison and Shearman & Sterling. He has been recognized by his peers as a SuperLawyer in business litigation every year from 2009 through 2016 and 2019-2023. He received a B.S. in physics from UCLA and a J.D. from Cornell University, where he was an editor on the International Law Review.

David is often brought into cases shortly before trial where experienced trial counsel is needed. David has tried or arbitrated more than 40 cases to conclusion and won more than 90% of them.

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Significant breach of fiduciary duty case resolved on a confidential basis for 8 figures.
Judgment for $16.8 million in favor of developers and against two insurance carriers after arbitration of an insurance coverage dispute regarding a mixed-use development project in Oakland, California.
Settlement three days before trial of $6.5 million on behalf of an insured against her insurance carrier in settlement of bad faith claims arising out of damage to her residence. On behalf of the same insured, judgment after trial including an award of punitive damages against her public adjustor arising out of the same loss.
Settlement of $4 million on behalf of an industrial property owner after winning all aspects of liability at arbitration, including entitlement to punitive damages. The case arose out of a catastrophic fire. Cause and origin of the fire, responsibility for obtaining insurance, and extent of damages were disputed.
Judgment after trial for $3.4 million ($2.3 million in damages plus $1.1 million in legal fees) in a race discrimination case against the City of Riverside.
Defense verdict after trial on behalf of two orthopedic surgeons accused of workplace disability discrimination and wrongful termination.
Judgment after trial for $3.26 million on behalf of investors in a publicly traded company for non-delivery of stock. Established alter ego liability against two officers/directors of the publicly traded company.
On behalf of one of the same investors in a separate case, defense judgment after trial defeating alter ego allegations seeking to impose multi-million dollar liability.
Judgment after trial in favor of two members of an LLC, ousting a third member and gaining full control of all the LLC’s assets.
Judgment after trial on behalf of two brothers against family members, unwinding a fraudulently created trust and restoring assets valued at $2.2 million to the brothers.
Confidential settlement reached five days into a jury trial of a dispute over an investment in real estate projects.
Settlement of a wrongful death claim for $2 million against an indigent defendant based on third-party insurance.
Settlement on the eve of trial of $1,975,000 in a fiduciary duty case regarding interrelated LLCs, based on claims of minority interest-holder oppression.
Judgment after trial in favor of a general partner against the other partner for $1.78 million, removing the other partner from the partnership.
Determination after a mini-trial of the client's right to punitive damage discovery, paving the way for resolution of an employment battery case.
Defense judgment after trial on behalf of a high-end antique dealer regarding an alleged consignment of antiques valued at $1.3 million.
Judgment after trial for $975,000 on behalf of a military air craft parts supplier against a joint venture partner.
Settlement of legal malpractice claims against prior counsel after substituting into a case on the eve of trial and salvaging the underlying case.

Business Litigation

Intellectual Property

Employment

Insurance Coverage

Legal Malpractice

United States Supreme Court

Fifth and Ninth Circuit Courts of Appeals

All California State Courts

Central District of California

Northern District of California

Southern District of California

Eastern District of California

Eastern District of Texas

Cornell University (1985) J.D.
UCLA (1982) B.S., Physics

David W. Affeld

Biography