David P. Chiappetta

HTC v. Ericsson

U.S. Court of Appeals for the Fifth Circuit
U.S. District Court for the Eastern District of Texas 
Representing HTC in litigation challenging whether defendant’s licensing of cellular and Wi-Fi network patents for smartphones complied with requirements of U.S. antitrust law and defendant’s fair, reasonable, and non-discriminatory (FRAND) commitments to standard setting organizations.

Costco Wholesale Corporation v. Johnson & Johnson Vision Care

U.S. District Court for the Middle District of Florida
Representing plaintiff Costco Wholesale in multidistrict litigation involving alleged price fixing agreements in violation of state and federal laws.

Google Inc.

Superior Court of California, County of San Francisco
Won a defense verdict at trial on behalf of Google Inc. in a consumer class action alleging unfair trade practices in connection with Google Inc.'s advertising practices.

Google, Inc.

Superior Court of California, County of San Francisco
Represented Google Inc. in a class action filed by advertisers alleging breach of contract, unfair competition, and false advertising in connection with Google Inc.'s management of advertiser accounts.

Craigslist Inc. v. eBay Inc. and eBay Domestic Holdings Inc.

Superior Court of California, County of San Francisco
Represented plaintiff craigslist in civil action for unfair competition, false advertising, trademark infringement, passing off, breach of fiduciary duty, fraud and deceit.

Stark Development Corp.*

State Court of California
Won a jury defense verdict on behalf of Stark Development Corporation, a California land developer, in a case alleging breach of contract and violation of the Unfair Competition Law.

Amerco*

State Court of California
Won a defense verdict at trial on behalf of Amerco, the parent company of U-Haul International, Inc., Republic Western Insurance Company, Oxford Life Insurance Company and Amerco Real Estate Company in a class action alleging unfair trade practices seeking disgorgement of millions of dollars in late fees.

U.S. Commodity Futures Trading Commission Price Manipulation Investigation*

Represented a wholesale petroleum trader in an investigation conducted by the U.S. Commodity Futures Trading Commission into alleged price manipulation.

U.S. Department of Justice Price Fixing Investigation*

Represented a Fortune 500 company in an investigation conducted by the U.S. Department of Justice into alleged price fixing.

ACCC – Advanced Medical Institute Pty Ltd*

Represented the Australian Competition and Consumer Commission in a high-profile case alleging that a corporation acted unconscionably in providing health care services to consumers.

ACCC – Yellow Pages*

Represented the Australian Competition and Consumer Commission in litigation against two European companies which sent misleading faxes and invoices to businesses in a “yellow page” directory scam. Obtained judgment against both companies, including injunctive relief, consumer redress, and pecuniary penalties in the amount of $2.7 million.

ACCC – Allergies*

Represented the Australian Competition and Consumer Commission in a case against multiple defendants who had made false and misleading claims about their purported ability to holistically diagnose and cure allergies. Obtained judgment against all defendants, including injunctive relief and pecuniary penalties.

ACCC – Antitrust and Consumer Protection Investigations*

Advised the Australian Competition and Consumer Commission in numerous investigations relating to alleged price-fixing, resale price maintenance, collusive bidding, false and misleading advertising, and breach of franchise law.

* Prior Experience

First Data Corporation*

U.S. District Court for the Northern District of California
Represented First Data Corporation, the world’s largest electronic payment services processor, in a lawsuit filed by VISA U.S.A. relating to the processing of credit and debit card transactions. Obtained summary judgment on all of VISA's claims and continued to pursue client’s antitrust-based counterclaims through resolution.

First Data Corporation

Defended First Data Corporation in putative class action regarding alleged improper verification of cardholder identity for processing of recurring credit and debit card transactions. Obtained expeditious settlement while motion to dismiss all of plaintiffs’ claims was pending.

Credit Suisse*

U.S. District Court for the Northern District of California
U.S. Court of Appeals for the Ninth Circuit
Defended Credit Suisse, an international investment banking firm, in an action seeking $1.8 billion in damages relating to financial advisory services. Obtained judgment on all claims asserted against the client through a series of motions to dismiss. Successfully defended the judgment before the Ninth Circuit Court of Appeals.

Chicago Title and Trust Company*

State Court of California
Secured the dismissal of a lawsuit filed against Chicago Title and Trust Company relating to professional services provided in connection with an alleged multimillion-dollar Ponzi scheme. Also represented Chicago Title in various title insurance and escrow disputes, handling coverage analysis, defense of insureds on title claims, and defense of the company on escrow and insurance bad faith claims.

* Prior Experience

Semiconductor Fabrication Plant*

Japan Commercial Arbitration Association
Defended one of the world’s largest architectural/engineering firms in a lawsuit seeking $400 million in connection with the alleged defective design of a semiconductor fabrication plant in Taiwan. The matter involved a dispute between the owner, developer, and architectural designer regarding liability for a catastrophic fire that occurred during construction. The case was successfully settled through mediation days before the scheduled commencement of binding arbitration in Japan.

Catellus Corporation v. San Francisco State University Foundation

Represented developer-builder in lawsuit involving construction of mixed-use complex at San Francisco State University that included housing for 760 students, an additional 12,000 sq. ft. for restaurants and shops, and a 59,275 sq. ft. Student Services Building. The dispute focused on liability for construction delays and remediation of micro toxins, and upon the parties’ rights and responsibilities under a design-build contract. Following extensive litigation, the matter was resolved through a successful mediation.

Bombardier Transportation v. San Francisco International Airport

Represented mass transit developer in dispute involving construction of AirTrain transportation system at San Francisco International Airport.

* Prior Experience

California State Water Project Litigation*

Defended fourteen water districts in Southern California in a lawsuit filed by fourteen Northern California water districts. The lawsuit sought hundreds of millions of dollars in alleged damages relating to energy generated and consumed by the State Water Project – a 700-mile system of aqueducts that supplies water to 25 million Californians.

Goodyear Tire and Rubber Company

Represented The Goodyear Tire and Rubber Company in a class action filed on behalf of its dealers and franchisees, alleging unfair trade practices and violations of antitrust and franchise law.  Obtained dismissal of all substantive claims through a motion for summary judgment.

Facebook Inc. v. Sanford Wallace, et al.

U.S. District Court for the Northern District of California
Successfully prosecuted and obtained a $711 million judgment against Sanford Wallace, the self-proclaimed "Spam King," for initiating a major phishing and spamming attack on Facebook users. The case was subsequently referred for criminal proceedings against Mr. Wallace based on his violation of court orders obtained during the course of the civil action, resulting in a 30-month prison sentence.

Facebook Inc. v. Power Ventures, Inc., et al.

U.S. District Court for the Northern District of California
Represented Facebook in suing an aggregation Web site for copyright and trademark infringement as well as breach of Facebook's Terms of Use, resulting in an award of damages, sanctions, and a permanent injunction.

* Prior Experience

Acquisition of Shell Oil Company Refinery and USA Petroleum Corporation Outlets*

Federal Trade Commission
Represented Tesoro Corporation before the U.S. Federal Trade Commission, successfully obtaining antitrust clearance of a $2 billion acquisition of an oil refinery, terminal and service stations from Shell Oil Company. Separately obtained clearance from the Federal Trade Commission of Tesoro’s acquisition of over 140 service stations from U.S.A. Petroleum Company. Both transactions were cleared without a Second Request.

Acquisition of Pacific Lumber Company (Palco) Assets

Represented Mendocino Redwoods Company in its acquisition of the Palco (Redwood) assets out of bankruptcy. Worked with FTC to determine no Hart-Scott-Rodino (HSR) filing was required.

Acquisition of Trapeze Networks, Inc.

U.S. Department of Justice
Represented wireless-LAN device manufacturer in acquisition clearance analysis and Hart-Scott-Rodino filing. Early termination of HSR waiting period granted.

* Prior Experience

Proposition 65: Lead Contamination

Represented a distributor of foreign-manufactured products in an action filed under Proposition 65 in California Superior Court. The action alleged that certain of the distributor's products contained lead in an amount exceeding permissible levels. Worked with scientific testing lab to successfully establish that case should be dismissed.

Proposition 65: Second-Hand Smoke

Represented a national restaurant chain in responding to a 60-Day Notice issued under California's Proposition 65 alleging that the restaurant chain was responsible for exposing employees and the general public to second-hand smoke.