A Sophisticated Approach To
Complex Business Law
Experienced attorneys who specialize in complex business litigation and unfair competition matters.
  1. Home
  2.  » 
  3. Person
  4.  » Kesselman, David W.
David W. Kesselman
profile
  • Co-Managing Partner

Phone:

Email:

profile

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 has been named a Southern California Super Lawyer for his expertise in antitrust law from 2015-2020.

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 is a past Chair of the Los Angeles County Bar's Antitrust and Unfair Corporation 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. He remains actively involved as an alumnus of UC Irvine and currently serves on the leadership advisory board for the Dean of the School of Social Sciences. 

 

Areas Of Practice

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

Education

  • University of California, Davis School of Law, Davis, California
    • J.D. - 1999
    • Honors: • U.C. Davis Lasky Antitrust Award
  • The London School of Economics
    • M.A. - 1995
  • University of California, Irvine
    • B.A. - 1994

Honors And Awards

  • Southern California Super Lawyer (2015-2020)
  • Top 100 Southern California Super Lawyer (2020)
  • Southern California SuperLawyers Rising Star (2005 - 2013)
  • LA and SF Daily Journal Top Antitrust Lawyer (2020)

Professional Associations and Memberships

  • California State Bar’s Antitrust and Unfair Competition Section (Executive Committee and Advisor)
  • Los Angeles County Bar’s Antitrust and Unfair Corporation Section (Past Chair and Executive Committe Member)
  • American Bar Foundation (Fellow)
  • Association of Business Trial Lawyers (Member)

Past Employment Positions

  • Blecher & Collins, P.C., in Los Angeles, Partner
  • Jones Day

Representative Matters

  • Harbor Performance Enhancement Center, LLC v. City of Los Angeles Harbor Department; City of Los Angeles; International Longshore and Warehouse Union; International and Longshore Warehouse Union Local 13; and Eugene D. Seroka; Case No. 2:20-cv-013251 (C.D. Cal.) – represent defendant ILWU Local 13 in lawsuit alleging federal antitrust and related claims.  The case is at the pleading stage.

  • Curtin Maritime Corp. v. Sana Catalina Island Company; Avalon Freight Services, LLC; Case No. 2:16-cv-3290 (C.D. Cal.) – represent plaintiff Curtin Maritime Corp. in lawsuit asserting federal antitrust claim.  The case is presently in discovery.

  • Renaissance Ventures, LLC d/b/a/ Prestige Entertainment; Broadway Hospitality Group, Inc.; Venue Kings Ticket Brokers, Inc.; RT&H, Inc. d/b/a 714 Tickets v. Los Angeles Dodgers LLC; Dodger Tickets LLC; Eventellect LLC; Case No. BC699721 (LA Superior Court) – represent plaintiff ticket brokers in lawsuit against the Los Angeles Dodgers asserting state antitrust and related claims.  We successfully defeated a motion to preclude the filing of the antitrust claims and the case is now in discovery.

  • Kofi Kessey, M.D., Ph.D.; Kofi Kessey, MD/PHD/ Inc. v. Los Robles Regional Medical Center d/b/a/ Los Robles Hospital and Medical Center; Case No. 56-2015-00469667-CU-MC-VTA (Ventura Superior Court) – represented plaintiff neurosurgeon and his professional corporation in health and safety whistleblower action against hospital.  The case successfully settled on the eve of trial.

  • Veronica Perez, et al. v. County of Marin, Case No. 18-cv-04938 (N.D. Cal.) – represented plaintiff social workers in Fair Labor Standards Act case against County of Marin.  The case successfully resolved and settlement was approved by the Court.

  • Hyhte Holdings, Inc. d/b/a Astura Medical v. Tomz Corporation (Judicate West Arbitration) – represented plaintiff medical supply company in breach of contract and related claims.  After trial in arbitration before retired judge the case settled on confidential terms.

  • Security 20/20 Inc., et al. v. Eli Eichenblatt, et al. (LA Superior Court) – represented military procurement company as defendant and counterclaimant in litigation against competitor.  The case ultimately settled on confidential terms.

  • Asvar Law APC v. Shandler, et al.; Case No. SC12 3340 (LA Superior Court) – represented law firm against allegations of antitrust violations.  After filing a writ on behalf of the law firm, the Court of Appeal ordered the antitrust claim dismissed.

  • Epps v. Earth Fare, Inc. (C.D. Cal.) – Ms. Brantly and Mr. Kesselman defended Earth Fare, Inc. in a case brought under the Telephone Consumer Protection Act (“TCPA”). The plaintiff signed up to receive text messages from organic grocery store chain, Earth Fare, and then attempted to revoke her consent to receive the text messages by ignoring the clear instructions to “Text STOP” and instead using full length sentences that the system did not recognize. After briefing by KBS, the case was dismissed by the District Court without leave to amend, and the dismissal was affirmed by the Ninth Circuit.
  • 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

  • “The Cases Against Facebook,” Column in LA and SF Daily Journal, December 21, 2020 (co-author with Amy T. Brantly).
  • “Is the DOJ’s Google antitrust lawsuit just the beginning?”, Column in LA and SF Daily Journal, October 28, 2020 (co-author with Amy T. Brantly)
  • “Will Congress restore antitrust to protect competition?”, Column in LA and SF Daily Journal, October 26, 2020 (co-author with Amy T. Brantly)
  • “Hope for Antitrust Regulation,” Column in Los Angeles Daily Journal, May 21, 2019
  • “The civility and decency of a legal titan: Maxwell M. Blecher,” Op-ed in Los Angeles and San Francisco Daily Journal (March 20, 2018)
  • 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 (2009-2019) (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)
  • Contributing author and editor of the leading treatise in California on antitrust and unfair competition law

Teaching Experience

  • Adjunct Professor, Antitrust Law, Loyola Law School (2009 – 2013, 2016-2020)
  • Adjunct Professor, Loyola Law School, teaches courses in U.S. and Global Antitrust Law (2012)
  • Lecturer, Business Law, California State University, Northridge (2010)
  • Antitrust Law, Loyola Law School, 2017

Speaking Engagements

  • Welcome Remarks, Career Opportunities for Diverse Communities in Antitrust Law, Sponsored by California Lawyers Association, Los Angeles County Bar, and Loyola Law School (September 10, 2019)
  • 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)