David T. Biderman
- Firmwide Chair, Consumer Products & Services Litigation
David is a highly regarded litigator who has consistently served in leadership roles within the firm and the broader legal community.
David Biderman represents companies in consumer class actions, commercial litigation, and mass torts. He has represented companies in the consumer packaged goods, food and beverage, and technology industries..
David is the firmwide chair of the Consumer Products & Services Litigation industry group. His team excels in defending food, beverage, and consumer goods companies in class actions under consumer protection laws nationwide. His team is one of the leading groups in this area and offers daily updates, trend reports, and industry roundtables.
For 15 years, David managed a product liability team responsible for defending more than 1,000 toxic tort cases pending in state courts in the western United States. David has also handled many sophisticated commercial disputes.
David speaks and writes regularly on class-action issues. He has presented to the American Bar Association (ABA), the Federation of Defense and Corporate Counsel, the Product Liability Advisory, the Consumer Brands Association, and the Food and Drug Law Institute. David teaches a popular course at UCLA that focuses on class actions, food litigation, and regulation. David has served the courts through the Civil Litigation Subcommittee of the California Judicial Council, on special committees formed by the state courts to address toxic tort litigation, and as a member of the ABA’s American Jury Project.
Chambers USA has listed David as a top lawyer for Food & Beverage: Regulatory & Litigation for four years, and he has been honored by the Minority Corporate Counsel Association.
Education & Credentials
Education
- University of Virginia School of Law, J.D., Articles Editor, Virginia Journal of Natural Resources Law, 1981
- Emory University, B.A., 1977
Bar and Court Admissions
-
California
- U.S. Court of Appeals for the Fourth Circuit
- U.S. Court of Appeals for the Ninth Circuit
- U.S. District Court for the Central District of California
- U.S. District Court for the Eastern District of California
- U.S. District Court for the Northern District of California
- U.S. District Court for the Southern District of California
Professional Recognition
Listed in Thomson Reuters “Stand-out Lawyers,” 2024
Listed in Los Angeles Business Journal, "Leaders of Influence: Litigators & Trial Attorneys," 2024
Highlighted in Business Today, as a "Top 10 Most Influential Food & Beverage Regulatory Lawyers in 2023"
Listed in Chambers USA "America's Leading Lawyers" for Food and Beverages: Regulatory & Litigation, 2021-2024
Recipient of Law360 MVP Award, Food & Beverage, 2017
Listed in The Best Lawyers in America: Commercial Litigation; Mass Tort Litigation/Class Actions - Defendants; Product Liability Litigation - Defendants, 2012-2024
Rated Superb on Avvo.com
Highlighted as one of the leading rainmakers in "Diversity & The Bar"
Listed in Super Lawyers and San Francisco magazines as a Northern California "Super Lawyer," 2004, 2007-2024
Peer Review Rated AV in Martindale-Hubbell(AV®, BV® and CV® are registered certification marks of Reed Elsevier Properties Inc., used in accordance with the Martindale-Hubbell certification procedures, standards and policies.)
Impact
Professional Leadership
- University of California, Los Angeles, Adjunct Professor, Law 693 Food Litigation, 2021-present
- Fellows of the American Bar Foundation, Life Fellow
- Pound Civil Justice Institute, 2013 Forum for State Appellate Judges, Faculty Member
- The Association of Southern California Defense Counsel
- Asian/Pacific Bar of California, Advisory Council, 2009-present
- Japanese American Bar Association (JABA), 2009-present
- American Bar Association: American Jury Project, 2004-2005; American Jury Commission, 2005-2006; Commission on an Independent Judiciary, 2006-2007; Tort and Insurance Practice Section, Products Liability, General Liability and Consumer Law Executive Committee, 2005-2006; Litigation Section Securities Litigation Committee, 2005-present; Class Actions and Derivative Suits Committee, 2008; Minority Trial Lawyer Committee, 2005-2006
- Judicial Council of California, Civil and Small Claims Advisory Committee
- American Bar Foundation, Fellow
- Los Angeles County Bar Association: Litigation Section; Corporation Section; Banking and Business Law Section
- Los Angeles County Superior Court, West District, Civil Advisory Board, 1997-1998
- National Asian Pacific American Bar Association (NAPABA), Vice President of Programs, 1999; Treasurer, 2002-2005
- Product Liability Advisory Committee, 2003-2011
- Association of Business Trial Lawyers
- Federation of Defense & Corporate Counsel
- Bar Association of San Francisco
- DRI - The Voice of the Defense Bar
- State Bar of California
- Administrative Office of the Courts, Judicial Council of California
- California Advocates Inc., California Asbestos Project Steering Committee
Insights
News
Professional Experience
Class Action Defense
Turek v. General Mills Inc.
U.S. Court of Appeals for the Seventh Circuit
Obtained affirmance of the dismissal of a putative class action against our client, General Mills, on grounds that the plaintiff’s deceptive advertising claims were preempted by the Nutrition Labeling and Education Act, which sets forth uniform standards for food labeling. 662 F.3d 423 (7th Cir. 2011).
Scott, et al. v. Cingular Wireless LLC
King County Superior Court (Washington)
State Supreme Court of Washington
Defense of class action over “roaming” charges.
Backus v. General Mills Inc.
U.S. District Court for the Northern District of California
Obtained a stay of a putative class action concerning the lawful use of partially hydrogenated oils in food pending ruling by the FDA.
Product Liability
W.R. Grace Asbestos Claims
Defense of W.R. Grace & Company in multiple claims for asbestos contamination, including cases brought by school districts, building owners and public entities.
Ruben v. Honeywell International Inc.
Superior Court of California, County of Los Angeles
Represented automotive friction products manufacturer in products liability action involving 45-year-old landscaper with peritoneal mesothelioma claimed to have been caused by asbestos exposure from brake changes on personal vehicles (and limited alternative asbestos exposure sources). Obtained judgment of non-suit following successful pre-trial motion to exclude plaintiff's causation experts from testifying at trial.
Webb v. Honeywell International Inc., et al.
Superior Court of California, County of Los Angeles
Represented automotive friction products manufacturer in products liability action involving 67-year-old married (48 year marriage) pipe supply company manager with pleural mesothelioma claimed to have sustained direct and bystander exposure to asbestos from company-supplied truck brakes and over $1 million in claimed economic loss (exclusive of medical expenses). Obtained favorable settlement during trial, including resolution of package of several other similar cases.
Litigation
Post Consumer Brands, LLC v. General Mills, Inc.
U.S. District Court for the District of Minnesota
Successfully defeated motion for preliminary injunction in design patent infringement action, as lead defense counsel on behalf of defendant General Mills. After transfer of the action from the Eastern District of Missouri to the District of Minnesota, conducted two months of expedited discovery relating to plaintiff’s design patent infringement claim. The District of Minnesota denied the motion for preliminary injunction, holding that General Mills had raised a substantial question concerning the validity of plaintiff’s design patent.
State of Ohio, et al. v. Baker & Taylor Books & W.R. Grace
U.S. District Court for the Northern District of California
Defense of representative action brought on behalf of state and local book purchasers in 17 states for alleged fraud in book sales; settled favorably.
United Investors Life Insurance Company v. Waddell & Reed Inc., et al.
Action under California Business and Professions Code §17200 for improper and misleading insurance sales practices.
United States of America and State of California ex rel. Costa and Thornberg v. Baker & Taylor Books and W.R. Grace
U.S. District Court for the Northern District of California
Defense of representative qui tam action on behalf of United States and California government book purchasers for alleged fraud; settled favorably; motions to dismiss representative plaintiffs granted.
Valentine, et al. v. NebuAd Inc., et al.
U.S. District Court for the Northern District of California
Represented Internet service providers WOW and Knology in a putative class action in which Internet subscribers alleged violations of federal and state privacy laws arising from the defendants' use on a trial basis of the NebuAd system. The system was designed to allow ISPs to serve targeted advertisements to their customers browsing the Web. Each of the ISP defendants was an out-of-state provider with no customers in California. Case dismissed on the grounds that the court lacked personal jurisdiction.
Zausner Foods Corporation v. Real Fresh Inc.
U.S. District Court for the Eastern District of California
Tender offer and related securities fraud litigation.
In re Cheerios Marketing & Sales Practices Litigation
U.S. District Court for the District of New Jersey
National counsel for General Mills in defense of purported class actions alleging false and deceptive marketing of the health benefits of Cheerios. Obtained summary judgment dismissal of most of the individual plaintiffs' claims for failure to establish any damage, and summary judgment dismissal of the class action allegations of the remaining plaintiffs.