David C. Kiernan

David Kiernan represents domestic and foreign entities in a broad range of commercial litigation involving antitrust, unfair business practices, commercial disputes, bankruptcy, and intellectual property rights. He also has significant class action experience.

David's recent cases include representing: two major technology companies in the High-Tech Employee Antitrust Litigation, a purported class action against seven companies alleging a conspiracy to suppress compensation by entering agreements not to solicit each other's employees; Apple in the Apple iPod iTunes Antitrust Litigation, a class action alleging tying, monopolization, and attempted monopolization related to sales of iTunes Store content and iPods and software updates to the iPod; Adobe in an antitrust class action alleging monopolization related to sales of certain software products; Kuwait entities in disputes over investments in the U.S., Europe, and the MENA region; and defending Cayman and BVI entities and their investment managers in a fraudulent transfer action seeking $3.2 billion.

David has substantial experience in the preservation, collection, and production of electronically stored information, including experience in large, document-intensive cases. He frequently counsels lawyers and clients on all aspects of electronic discovery and is a member of the Firm's e-Discovery Committee. He is a frequent lecturer on electronic discovery issues at continuing legal education programs.

Good to know

Areas of Practice 1) Litigation, 2) Business and Tort Litigation (USA), 3) e-Discovery, 4) Antitrust & Competition Law and 5) Construction
Law School UC Hastings College of the Law
Admitted Year 2003
Education Yale University (B.A., 1994)
Bar Member / Association California and Georgia
Most recent firm Jones Day
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