David W. Kesselman

Partner
Phone:
310-307-4556
Email:

David W. Kesselman is a Partner of Kesselman, Brantly & Stockinger LLP. Prior to founding KBS, Mr. Kesselman was a partner in the highly regarded antitrust and litigation boutique, Blecher & Collins, P.C., in Los Angeles. He began his legal career at the international law firm, Jones Day. Mr. Kesselman has represented plaintiffs and defendants in complex litigation matters including: antitrust, unfair competition, business tort, copyright, class action, and employment cases. Mr. Kesselman has significant trial experience and has argued cases in both federal and state appellate courts. He has also provided antitrust counseling and compliance advice to corporations. He was selected as a Southern California Rising Star every year from 2005 to 2013, and was named a South California Super Lawyer for his expertise in antitrust law in 2015, 2016, and 2017.

For many years, Mr. Kesselman has served as an adjunct professor of law at Loyola Law School, where he has taught courses in U.S. and Global Antitrust Law. He has served on the executive committee for the California State Bar's Antitrust and Unfair Competition section and currently serves as the Chair of the Los Angeles County Bar's Antitrust and Unfair Business Practices Section. He is also a contributing author and editor of the leading treatise in California on antitrust and unfair competition law.

Mr. Kesselman received his J.D. from the University of California, Davis, where he was a member of the law review and received the U.C. Davis Lasky Antitrust Award. He holds an M.A. from the London School of Economics in International History. He received his B.A. from the University of California, Irvine, where he majored in political science and served as student body president.

Areas of Practice

  • Antitrust and Trade Regulation
  • Business Litigation
  • Intellectual Property
  • Class Actions

REPRESENTATIVE MATTERS

  • Folex Golf Industries, Inc. v. China Shipbuilding Industry Corporation, et al. (C.D. Cal.) – An international dispute involving business tort and unfair competition claims in which Mr. Kesselman and KBS represent defendant O-TA, a Taiwan-based manufacturer of golf equipment.
    • DotconnectAfricaTrust v. ICANN and ZA Central Registry (C.D. Cal.) - A matter involving the award of the generic top-level domain name, .Africa. Mr. Kesselman represents ZA Central Registry in defense of various business tort claims filed by an African competitor that failed to prevail in the bidding process with ICANN.
    • Power Analytics Corp. v. Operation Technology, Inc. d/b/a ETAP, et al. (D. Del.) - A matter involving antitrust, patent infringement, false advertising and related state law claims filed against our client ETAP (and other defendants) concerning software used in power grids in data centers and nuclear power plants. Mr. Kesselman and KBS serve as lead antitrust defense counsel for ETAP
    • Flagship Theatres, Inc. v. Century Theaters, Inc. and Cinemark USA, Inc. (Cal. Superior Court – Los Angeles) - Mr. Kesselman defended a national motion picture theater chain against alleged antitrust claims brought by a competitor motion picture theater.
  • Fisherman’s Wharf Bay Cruise Co. v. Superior Court (Cal. Superior Court – San Francisco) - Mr. Kesselman was part of the team that defended a transportation company in an alleged below cost pricing and price discrimination lawsuit brought by a smaller competitor.
  • Korea Supply Co. v. Lockheed Martin Corp.,(Cal. Supreme Court) - Mr. Kesselman represented a U.S.-based company against a large multinational conglomerate in a business interference lawsuit involving military procurement contracts in the Republic of Korea.
  • Alan Darush MD, APC v. Revision, L.P., et al. (C.D. Cal.) - A vertical price-fixing case in which Mr. Kesselman represented a distributor of skin care products against the manufacturer.
  • American Institute of Intradermal Cosmetics v. Society of Permanent Cosmetic Procedures (C.D. Cal.) – Mr. Kesselman represented a manufacturer and distributor of permanent cosmetic products in an alleged group boycott action against direct competitors and their trade association.
  • KSCD, Inc. v. AEG Infrarot-Module GmbH (C.D. Cal.) - Mr. Kesselman represented a distributor of military equipment against a subsidiary of Daimler in litigation involving the sale of infrared technology to the Republic of Korea.
  • Anderson, et al. v. County of Ventura (C.D. Cal.) – Mr. Kesselman represented approximately 150 social workers against the County of Ventura for alleged violations of the federal Fair Labor Standards Act.
  • Steiner, et al. v. ABC, et al. (C.D. Cal.) – Mr. Kesselman represented hundreds of composers in a class action against ABC and others for alleged violations of copyright law involving the use of sound recordings in television shows.
  • East v. Twentieth Century Fox, et al. (C.D. Cal.) – Mr. Kesselman represented composers in a class action against Fox and others for alleged violations of copyright law involving the use of sound recordings in television shows.
  • Music Force v. Viacom, et al. (C.D. Cal.) – Mr. Kesselman represented composers in a class action against Viacom and others for alleged violations of copyright law involving the use of sound recordings in television shows.

PUBLISHED WORKS

Vertical Price-Fixing: Why California’s Per Se Rule Against Resale Price Maintenance Is Actually Good For Businesses and Consumers: Plaintiff Perspective, Competition; The Journal of the Antitrust and Unfair Competition Law Section of the State Bar of California (Fall 2013) (co-author with Trevor V. Stockinger)

California Business Law: Business And Professions Code Section 17200, Chapter 16 in California Antitrust & Unfair Competition Law (Revised), The Antitrust and Unfair Competition law Section of the State Bar of California (2009-2015) (co-author and co-editor with Jordan Ludwig)

Health Industry, chapter in California Antitrust & Unfair Competition Law (Revised), The Antitrust and Unfair Competition law Section of the State Bar of California (2013-15) (co-editor with Majed Dakak of updated chapter)

"Changing Channels," Op-ed in Los Angeles Daily Journal, October 30, 2007 (co-author with Maxwell M. Blecher)

EDUCATION

  • University of California, Davis, King Hall School of Law
    • J.D. – 1999
    • Member, U.C. Davis Law Review
    • U.C. Davis Lasky Antitrust Award
  • The London School of Economics
    • M.A. – 1995
  • University of California, Irvine
    • B.A. – 1994
    • Student Body President

TEACHING EXPERIENCE

  • Adjunct Professor, Antitrust Law, Loyola Law School (2009 - 2013, 2016-2017)
  • Adjunct Professor, Global Antitrust Law, Loyola Law School (2012)
  • Lecturer, Business Law, California State University, Northridge (2010)

SPEAKING ENGAGEMENTS

  • Moderator, Litigation Financing - Practical and Ethical Issues For Antitrust, Unfair Competition, Complex Litigation, Los Angeles County Bar Antitrust and Unfair Business Practices Section (September 28, 2016)
  • Panelist, Woodman’s Food Co. v. Clorox, American Bar Association Teleseminar (Feb. 2, 2016)
  • Speaker, Antitrust, Privacy and Unfair Competition Law 101, 88th Annual Meeting of the State Bar of California (Oct. 9, 2015)
  • Speaker, Antitrust and Unfair Competition Law from A to Z, 87th Annual Meeting of the State Bar of California (Sept. 13, 2014)
  • Panelist, The Contest Behind the Contest: Antitrust and Personal Rights of Sports, Los Angeles County Bar, Antitrust and Unfair Competition Section (May 23, 2014)
  • Keynote Speaker, Loyola of Los Angeles Law Review Symposium on Antitrust Law, Loyola Law School (Spring 2012)
  • Panelist, Advanced Principles: UCL Standing and Class Certification, State Bar of California Golden State Antitrust and Unfair Competition Law Institute (October 21, 2010)

HONORS AND AWARDS

  • Southern California Super Lawyer, 2015, 2016, & 2017
  • Southern California Rising Star Super Lawyer, 2005-2013

PROFESSIONAL ASSOCIATIONS AND MEMBERSHIPS

  • California State Bar, Antitrust, Privacy and UCL, Executive Committee and Advisor
  • Los Angeles County Bar, Antitrust and Unfair Corporation Section, Chair
  • American Bar Foundation, Fellow
  • American Bar Association, Member
  • Association of Business Trial Lawyers, Member

PAST EMPLOYMENT POSITIONS

  • Blecher & Collins, P.C.
  • Jones Day