David F. McDowell

David McDowell is a member and former Co-Chair of the firm's Consumer Litigation and Class Action practice group. He maintains a complex commercial litigation practice, with a particular focus on unfair business practice issues and consumer fraud class actions. He has, for example, defended numerous putative class action claims against businesses under California Bus. & Prof. Code §§ 17200 and 17500 and the California Consumer Legal Remedies Act arising from, among other things, methods of competition, marketing practices, advertising and other promotions, labeling of goods, privacy and data security, sales tax collection, and credit card terms and conditions. In addition, he represents clients in class actions regarding privacy and consumer fraud laws.

Mr. McDowell also has significant experience defending businesses in general commercial disputes, including prosecuting and defending business tort claims.

Mr. McDowell has tried cases in numerous jurisdictions, obtaining verdicts and judgments following trials and arbitrations. He has also defeated class certifications and sought and obtained temporary restraining orders and preliminary and permanent injunctions against businesses and individuals. He has also successfully argued appellate matters, including those involving unfair business practices claims, and defeated class certification.

Throughout his career, Mr. McDowell has been on the forefront of legal issues in the consumer class action arena. In 2006, he argued before the California Supreme Court in establishing that Proposition 64's standing requirements applied to all pending cases under California's unfair competition law. Californians for Disability Rights v. Mervyns, 39 Cal. 4th 223 (2006). In addition, he has been involved in a number of other matters in areas important to retailers and consumer product companies, including Loeffler v. Target Corp., 2009 Cal. App. LEXIS 739 (May 19, 2009); Van v. Target Corp., 155 Cal. App. 4th 1375 (2007); Shamsian v. Dept. of Conservation, 136 Cal. App. 4th 621 (2006); Butler v. Target Corp., 323 F. Supp.2d 1052 (C.D. Cal. 2004); and Costco v. Gallant, 96 Cal. App. 4th 740 (2002).

Good to know

Areas of Practice 1) Litigation, 2) Consumer Litigation Advertising and Marketing Law and 3) Retail
Law School University of Chicago Law School (J.D., 1986)
Education Brown University (A.B., 1983)
Bar Member / Association State Bar Of California
Most recent firm Morrison & Foerster LLP
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