David Kiernan, Partner-in-Charge of Northern California and a member of the Business & Tort Litigation Practice, was recognized on the Daily Journal's annual list of the "Top Antitrust Lawyers in California." Mr. Kiernan is a partner in the San Francisco and Silicon Valley offices. This is the third time he has received this recognition.
The editors selected Mr. Kiernan because of several recent, successful, high-profile representations involving novel legal theories with billions of dollars at stake. These representations include serving as lead counsel for a client defending against a putative class action alleging that defendants violated antitrust laws by requiring licenses for access and use of a database that contains CUSIPs (Committee on Uniform Securities Identification Procedures), a securities identifier used in stock trades and financial transactions, and related information defendants have compiled and maintained. In July 2023, the court granted defendants' motion to dismiss the plaintiffs' Section 1, copyright, and breach of contract claims, allowing the plaintiffs only to pursue their Section 2 and state law claims. This case raises important issues regarding the lawfulness of certain licensing schemes that are prevalent in the technology industry.
He is also lead trial counsel for a global technology company that defeated a class action complaint alleging unlawful tying, which raised important issues regarding the right to restrict how a product appears on a website to avoid confusion.
Mr. Kiernan is an accomplished trial lawyer who focuses on antitrust and unfair business practice cases. He also litigates other types of cases including public nuisance, climate change, joint venture disputes, and bankruptcy matters throughout the United States. He is ranked by Chambers and was also recently recognized by the Daily Journal as one of the Top 100 Lawyers in California and as a 2022 Law360 MVP.
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