David A. Perez

Partner

Firmwide Chair, Business Litigation Practice; Firmwide Co-Chair, Real Estate Litigation

Seattle

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206.359.6767 direct

DPerez@perkinscoie.com

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David is a trial lawyer focused on contract disputes, intellectual property (IP), real estate, class actions, and constitutional law, including First Amendment litigation. David is the firmwide chair of the Business Litigation and Real Estate Litigation practices.

Clients turn to David Perez for their most complex, time-sensitive, and high-stakes disputes. David is a recipient of the Washington State Bar Association's Award of Merit, which is the Bar's "highest honor and is given to an individual for a recent, singular achievement . . . thus bringing credit to the legal profession." No matter the dispute or issue, David can assemble a skilled team to drive outstanding results.

In his IP practice, David represents plaintiffs and defendants asserting or defending against misappropriation or infringement claims, with a particular emphasis on trade secret litigation and other time-sensitive IP disputes that may require expedited briefing and oral argument. These claims often involve arguments in state and federal courts for and against temporary restraining orders and other injunctive relief. David co-authored the Four Keys to Litigating a Modern Trade Secret Case for the Litigation Journal of the American Bar Association.

In his Real Estate Litigation practice, David represents clients with property and leaseholds throughout the country. These real estate matters run the gamut from routine lease issues to complex multiparty disputes involving guarantor liability, lender exposure, construction disputes, and veil-piercing or alter ego claims. He recently co-authored the 3 Keys to Successfully Litigating Alter Ego Claims for The Am Law Litigation Daily. David's real estate team is prepared to litigate in any jurisdiction and has handled disputes in Atlanta, Boston, Chicago, Columbus, Dallas, the District of Columbia, Denver, Kansas City, Los Angeles, Miami, New York, San Francisco, Seattle, and St. Louis.

As part of his constitutional and public law work, he routinely advises companies and individuals—including public officials and candidates for office—on First Amendment issues, communications, media, and pending legislation, including at the appellate level. These cases often involve defamation and disparagement, civil rights claims, election law, or other issues of public significance. David recently secured three consecutive First Amendment wins in less than a year in cases filed in Pennsylvania, Delaware, and Washington, with another case pending in Nevada. He also serves as outside counsel to various candidates for public office.

David represents plaintiffs and defendants in complex business disputes, including post-closing litigation arising out of merger and acquisition (M&A) deals or earnout provisions, breaches of fiduciary duty, buyouts between partners and directors, nonsolicit and noncompete claims, consumer class actions, and other commercial disputes that require experienced trial counsel.

As the client service partner for several large clients in the healthcare, manufacturing, real estate, retail, and technology industries, David manages the day-to-day relationships while providing outside counseling in employment, IP, and litigation contexts. His representative clients include Albertsons, Boeing, Hinge Health, Hughes Marino, Industrious, Microsoft, Ravensburger, WeWork, and Zumiez, along with various startups and individuals.

David also maintains an active pro bono practice. The American Civil Liberties Union (ACLU) recently awarded David with its Kathleen Taylor Civil Libertarian Award for outstanding contributions to the cause of civil liberties and justice for his work as lead counsel in the Black Lives Matter v. City of Seattle litigation, which led to a federal injunction restricting the use of less lethal weapons, especially against peaceful demonstrators. The League of Women Voters named David a "Champion of Voting Rights" for his work in co-authoring the Washington Voting Rights Act (WVRA), which passed the Washington State Legislature in 2018. David is a longtime board member of the Ballard Food Bank and provides outside general counseling on a pro bono basis to the food bank. He is currently a board member of the Seattle Art Museum.

After earning his J.D. from Yale Law School, David clerked on the U.S. Court of Appeals for the Ninth Circuit. He repeatedly has been named a Washington "Super Lawyer" and listed in Best Lawyers in America for litigation.

Areas of focus

Industries

Advertising, Marketing & Promotions

CMBS and Real Estate Workouts

Communications

Food & Beverage

Real Estate

Services

Business Litigation

Class-Action Defense

Intellectual Property Law

Litigation

Real Estate & Land Use

Trade Secrets

Trademark, Copyright, Internet & Advertising

Trial Practice

Education & Credentials

Education

Yale Law School, J.D.
Gonzaga University, B.A.

Bar and Court Admissions

Washington
Arizona
Oregon

Supreme Court of the United States
U.S. Court of Appeals for the First Circuit
U.S. Court of Appeals for the Fourth Circuit
U.S. Court of Appeals for the Ninth Circuit
U.S. Court of Appeals for the Eleventh Circuit
U.S. District Court for the Western District of Washington
U.S. District Court for the Eastern District of Washington

Clerkships

Hon. Robert Beezer, U.S. Court of Appeals for the Ninth Circuit

Professional Recognition

Listed in Best Lawyers in America: Commercial Litigation, 2024-2025
Selected as a “Super Lawyer” in Super Lawyers Magazine, 2021-2024; “Washington Rising Star”, 2013-2020
Recipient of the “Award of Merit” from the Washington State Bar Association, “the Bar’s highest honor” which “is given to an individual for a recent, singular achievement,” 2021
Recipient of the ACLU’s Kathleen Taylor Civil Libertarian Award for outstanding contributions to the cause of civil liberties and justice, 2021
Recipient of the Puget Sound Business Journal’s “40 under 40” Award, which recognizes the business community’s most innovative leaders under 40 years old, 2019
Named “Champion of Voting Rights” by the League of Women Voters of Seattle-King County, 2015
Recipient of the Latino/a Bar Association of Washington’s “President’s Award,” 2013

Impact

Professional Leadership

King County Bar Association, Appellate and Intellectual Property sections
Seattle Municipal Court Selection Committee, 2016
Washington Attorney General-elect Bob Ferguson, Transition Team, 2012
Fred T. Korematsu Center for Law & Equality, Fellow

Community Involvement

Seattle Ethics and Elections Commission, Commissioner, 2023-present
King County Bar Association, Board Member, 2020-present
Leadership Tomorrow, Board Member, 2019-2021
Washington Conservation Voters, Board Member, 2016-2020
Ballard Food Bank, Board Member, 2012-present
Schools First, Past Board Member
The Washington Bus, Past Board Member
Leadership Tomorrow, Class of 2012
Latina/o Bar Association of Washington (LBAW), Co-Chair, Judicial Evaluations Committee, 2010-2013; President-Elect, 2015; President, 2016

Professional Experience

IP, Trade Secrets & Misappropriation / Consumer Protection

Upper Deck v. Ravensburger North America

U.S. District Court for the Southern District of California
Lead counsel for Ravensburger defending against various claims of misappropriation and copyright infringe relating to the Disney Lorcana trading card game.

Teladoc v. Hinge Health

U.S. District Court for the Northern District of Illinois
Lead counsel for Hinge Health in trade secret dispute brought against it by Teladoc. Successfully defeated Teladoc’s request for a temporary restraining order and expedited discovery, after which the parties settled on terms favorably to Hinge Health. All claims were dismissed with prejudice.

Intellectual Ventures v. Sharifi et al.

Arbitration
Co-lead counsel for Intellectual Ventures in a successful trade secret dispute against former employees working in IV’s Advanced Physics Laboratory. After a three-week arbitration, the arbitrator ruled in IV's favor on the misappropriation of trade secrets and breaches of contract and awarded IV injunctive relief and $6.7 million in attorneys’ fees.

Drut Technologies v. Microsoft

U.S. District Court for the Western District of Washington
Co-lead counsel defending Microsoft against allegations of trade secret misappropriation and breach of contract. Case settled very favorably after court dismissed Drut’s key misappropriation claims, holding that Microsoft had an irrevocable license to use the technology at issue.

Siflinger v. Safeway/Albertsons

U.S. District Court for the Western District of Washington
Lead counsel representing defendants in putative class action raising various consumer protection claims concerning Safeway’s pricing of “buy one, get one free” promotions.

Reynolds v. Safeway/Albertsons

Caneer v. Safeway et al.

King County Superior Court (Washington)
Lead counsel representing Safeway in putative class action raising various consumer protection claims concerning Safeway’s collection of taxes. All claims were dismissed at motion to dismiss stage, and the case is now pending on appeal.

Northwest Monitoring v. 4319 Consulting, et al.

U.S. District Court for the Western District of Washington
Lead counsel representing defendants against allegations of trade secret misappropriation, conspiracy, and breach of contract. Case settled favorably after the court’s order on a motion to dismiss.

CBRE, Inc. v. Hughes Marino, Inc., et al.

U.S. District Court for the Western District of Washington
Lead counsel representing defendants against allegations of trade secret misappropriation, conspiracy, and breach of contract. All claims favorably settled and dismissed with prejudice without discovery.

Ganz, Inc. v . SM Kids, LLC.

U.S. District Court for the District of Delaware
Lead counsel representing plaintiff in breach of contract and trademark misappropriation. Court granted our client’s summary judgment and our request for a permanent injunction.

ELTEC Systems LLC v. Geosketch, LLC

King County Superior Court (Washington)
Lead counsel defending software company against allegations of trade secret misappropriation and breach of contract. All claims favorably settled and case dismissed with prejudice.

Major Technology Company

Federal Trade Commission
Represent technology company during FTC investigation, and provide ongoing advice regarding privacy, litigation, advertising, and compliance with FTC Act.

Financial Institution

U.S. District Court for the Southern District of California
U.S. District Court for the Western District of Washington
Defended financial institution and wholly owned subsidiary against several putative class actions alleging violations of state and federal consumer protection laws in California and Washington. All claims dismissed, submitted to arbitration (upon successful motion), or favorably settled.

Food Manufacturer

Defended national food manufacturer against putative class action claims alleging violations of state and federal consumer protection laws and false advertising.

Video Game Company

U.S. District Court for the Western District of Washington
Represent Seattle-based video game company in putative class action alleging consumer protection violations.

Technology Retail Company

U.S. District Court for the Northern District of California
Represent media retail company against putative class action suit alleging violations of state and federal consumer protection laws.

Pharmaceutical Company

Private Arbitration
Represent pharmaceutical company in intellectual property dispute relating to patent infringements and trade secret misappropriation.

Business Litigation

Consortium of Services Innovation (CSI) v. Microsoft

U.S. District Court for the Western District of Washington
Lead counsel representing Microsoft in a contract dispute. All claims dismissed with prejudice.

WeDriveU v. The Boeing Company

U.S. District Court for the Western District of Washington
Lead counsel representing Boeing in a contract dispute. Case favorably settled, and all claims dismissed with prejudice.

Olympic Mountain Products v. GANZ USA

Superior Court of Washington, King County
Lead counsel defending GANZ against contract and product liability claims. Obtained favorable settlement shortly after presenting oral argument defeating Olympic’s summary judgment motion.

Heidi Stanley v. Sterling Savings Bank / Sandler O’Neill

Superior Court of Washington, Spokane County
Defended Sandler O’Neill against tortious interference claims brought by former CEO of Sterling Savings Bank. Second chair at two-week jury trial.

Food Manufacturer

Represent Washington-based food manufacturer in disputes relating to various suppliers’ breaches of contract and failures to deliver conforming goods.

ERISA Plaintiffs

U.S. District Court for the Southern District of New York
Represent plaintiffs in ERISA claim alleging that former pension consultant breached its fiduciary duty to the pension plan in recommending an investment into what was later discovered to be a Ponzi scheme.

Real Estate Litigation

2221 Park Place Partners v. 2221 Park Place Tenant et al.

California Superior Court (Los Angeles)
Lead counsel representing tenant and guarantor in lease dispute against landlord arising out of a lease exit. Landlord brought various claims against both the tenant special purpose entity and the guarantor. All of Landlord’s claims against guarantor for breach of lease and breach of guaranty have been dismissed with prejudice, and the balance of the matter was settled on favorable terms for the tenant.

300 Prospect Properties, Inc. v. 180 Sansome Street Tenant LLC, et al.

California Superior Court, San Francisco
Represented tenant special purpose entity in lease dispute relating tenant improvements and construction issues, and lease termination. Case settled on very favorable terms to tenant, including full lease exit.

30 Wall Street Tenant LLC v. Atlantic 30 Wall Street Tenant LLC

New York Supreme Court (New York City)
Lead counsel representing tenant in dispute against landlord for breach of lease and failure to pay tenant allowance. Case settled on favorable terms, with full lease exit.

100 Summer Street Tenant LLC v. 100 Summer Owner LLC

Massachusetts Superior Court (Boston)
Lead counsel representing tenant in dispute against landlord for failure to pay tenant $17.4 million in allowance funds. Tenant moved for early summary judgment, and after the court granted tenant’s request for an expedited trial on the merits, landlord settled all claims and tenant obtained the full tenant allowanced owed.

200 Massachusetts Avenue NW Tenant LLC v. Capital Crossing I LLC

Superior Court for the District of Columbia
Lead counsel representing tenant in dispute against landlord for failure to pay tenant $13.6 million in allowance funds. Case settled two months after complaint was filed on terms favorable to tenant, which obtained all allowance funds owed.

700 K Street NW Tenant LLC v. TMG 800 K Street LLC

Superior Court for the District of Columbia
Lead counsel representing tenant in dispute against landlord for failure to pay tenant $6.8 million in allowance funds. Case settled two weeks after complaint was filed on terms favorable to tenant, which obtained all allowance funds owed.

One Metropolitan Square Tenant LLC v. 601 Metropolitan Square LLC

Circuit Court of St. Louis County (Missouri)
Lead counsel representing tenant in dispute against landlord for failure to pay tenant $6.35 million in allowance funds. Case settled on terms favorable to tenant, which obtained all allowance funds owed.

Warhorse Golden Gate LLC v. WeWork Companies Inc. and WeWork 25 Taylor LLC

New York Supreme Court (New York City)
Lead counsel representing tenant and guarantor in dispute against landlord concerning lease exit, and alleged breaches of guaranty.

Major Commercial Lease Dispute

Confidential Arbitration—Seattle
Lead counsel representing tenant in dispute concerning major construction dispute in downtown Seattle with over $200 million at issue. Case resolved with a full lease exit and zero liability to tenant.

Appellate, Constitutional Law, and Public Law

Mullen Automotive, Inc. v. Intersection Media Group, d/b/a dot.LA and David Shultz

U.S. District Court for the Eastern District of Pennsylvania
Lead counsel representing dot.LA and its reporter, David Shultz, in a defamation case. All claims dismissed at motion to dismiss stage.

Hadnagy v. Def Con Communications and Jeff Moss

U.S. District Court for the Eastern District of Pennsylvania
Lead counsel representing Def Con and its founder, Jeff Moss in a defamation case. All claims dismissed at motion to dismiss stage.

Black Lives Matter Seattle-King County et al. v. City of Seattle

U.S. District Court for the Western District of Washington
Lead counsel representing BLM and a group of individuals challenging the City of Seattle’s use of force against demonstrators protesting police violence. Successfully obtained a temporary restraining order restricting the use of force, which was later converted to a preliminary injunction. The case received widespread coverage in the Seattle Times and Law360.

Smith v. Gen Con

Washington Superior Court (King County)
Lead counsel representing defendant in defamation case. All claims dismissed at motion to dismiss stage, and later re-dismissed a second time. Currently pending on appeal.

United States of America v. City of Seattle

U.S. District Court for the Western District of Washington
Represent Seattle Community Police Commission (CPC) as designated outside counsel concerning the City of Seattle’s compliance with a landmark consent decree between the City and the Department of Justice imposed to ensure constitutional policing. Team successfully obtained an order finding the City of Seattle partially out of compliance with the consent decree due to inadequate accountability regime reform. Matter is ongoing.

Washington v. Twitter, Inc.

Washington Superior Court (King County)
Lead counsel representing Twitter in a case filed by the Washington Attorney General’s Office concerning election law issues. Case favorably settled without any protracted litigation, even as two companion cases against other technology companies proceeded.

Wagafe, et al. v. Trump, et al.

U.S. District Court for the Western District of Washington
Represent plaintiffs in class action challenging the legality of several executive orders issued by the president of the United States, and a secretive government program targeting Muslims applying for immigration benefits. District court has certified two nationwide classes.

Global BTG LLC v. National Air Cargo, Inc.

U.S. Court of Appeals for the Ninth Circuit
Successfully represent Global, an aviation finance company, on appeal to defend jury’s award of $9 million in damages to Global based on breach of contract claims. The Ninth Circuit Court of Appeals affirmed the judgment in its entirety.

City of Seattle v. Total Outdoor

State Supreme Court of Washington
State Court of Appeals of Washington
Represent Seattle-based outdoor advertising company in appeal relating to vested property rights associated with 90-year-old outdoor sign.

Costco Wholesale Corp. v. Washington

State Supreme Court of Washington
State Court of Appeals of Washington
Superior Court of Washington, Thurston County
Represent Costco in successful challenges to administrative rulemaking procedures regarding sale of wine and spirits.

Coles v. Eagle, et al.

U.S. Court of Appeals for the Ninth Circuit
U.S. District Court for the District of Hawaii
Lead counsel representing civil rights plaintiff alleging police brutality. Court-appointed counsel at Ninth Circuit after plaintiff, proceeding pro se, lost at summary judgment. Briefed case and argued appeal at Ninth Circuit, obtaining unanimous reversal (decision published at: Coles v. Eagle, 704 F.3d 624 (9th Cir. 2012)). After case returned to district court, successfully amended complaint to add additional claims and add the City and County of Honolulu as a defendant. Defeated four summary judgment motions in oral arguments to the court. Obtained $250,000 settlement for client.

State of Washington v. League of Education Voters, et al.

State Supreme Court of Washington
Represented League of Women Voters as amicus curiae in support of constitutional challenge to initiative requiring a two-thirds vote from legislature to pass any laws that would increase taxes. Court struck down initiative as unconstitutional, based in part on arguments advanced in amicus brief.

Obergefell, et. al v. Hodges, et al.

U.S. Supreme Court
Represent “The Alliance: State Advocates for Women’s Rights and Gender Equality” and Legal Voice of Washington as amicus curiae in support of parties challenging the constitutionality of laws and practices that deny same-sex couples the right to marry.

Washington v. E.J.J.

State Supreme Court of Washington
State Court of Appeals of Washington
Represented American Civil Liberties Union as amicus curiae in support of a youth defendant challenging his arrest and conviction because it was based on his exercise of the First Amendment’s free speech guarantees. Unanimous reversal by State Supreme Court based, in part, on the argument advanced in the amicus brief.

Jeffery Lee v. Kim Thomas, Commissioner, Ala. Dep’t of Corr.

U.S. Supreme Court
U.S. Court of Appeals for the Eleventh Circuit
U.S. District Court for the Northern District of Alabama
Represent capital defendant in habeas proceedings alleging ineffective assistance of counsel, violations of Batson v. Kentucky (racial discrimination during jury selection), and Ring v. Arizona (trial by jury).

Acosta v. Huppenthal

U.S. Court of Appeals for the Ninth Circuit
Represented Chief Earl Warren Institute on Law and Social Policy and Anti-Defamation League as amicus curiae in support of students challenging State of Arizona law banning ethnic studies. Successfully obtained reversal of unfavorable summary judgment ruling, returning the case for trial on the merits.

Fred T. Korematsu Center for Law and Equality

Represent and advise Korematsu Center on issues relating to civil rights, constitutional law, and voting rights. Voting rights work includes drafting the Washington Voting Rights Act (WVRA), and testifying in favor of the bill in the Washington State Legislature. Every major newspaper in Washington has endorsed the WVRA, including the Wenatchee World.

Startups and Outside General Counseling

Hinge Health, Inc.

Provide outside general counseling, including employment and litigation, for healthcare startup valued at over $6 billion.

Latchel, Inc.

Provide outside general counseling to property maintenance startup.

Seattle Galvanizing

Provide outside general counseling to manufacturing company.

Ballard Food Bank

Provide outside general counseling on pro bono basis to Seattle-based food bank.

Browser Distribution Services

Provide outside general counseling to technology/software startup, based in Seattle and London, on various legal matters including privacy and security, agreements, and intellectual property.

Safer Technologies, LLC

Provide outside general counseling to software company on various legal matters including privacy and security, agreements, and intellectual property.