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
Relevant Jobs
Litigation Paralegal
USA-CA-Los Angeles

Real estate litigation firm is looking for an experienced litigation paralegal, working in the discovery / law and motion dept. The work is fast paced, so it helps to be a self starter who can also wo...

Apply now

Data Entry/Admin Clerk
USA-CA-Los Angeles

Busy real estate litigation firm is looking for two data entry clerks/admin assistants; we use MyCase, so it would be helpful if you were familiar with MyCase, or at least with Appfolio generally. A...

Apply now

Litigation Attorney
USA-CA-Los Angeles

We are currently hiring for an Attorney in our thriving Litigation practice area in our Los Angeles office. We are dedicated to advocating for educational institutions and public agencies, and we are ...

Apply now

+ View more jobs
A. Harrison Barnes
A. Harrison Barnes

Due to his extensive activities in the legal market, A. Harrison Barnes is a well-known attorney throughout the United States. As a member of the Malibu community, Harrison is committed to serving the needs of Malibu residents and businesses in legal

Benjamin P. Smith
Benjamin P. Smith

Benjamin P. Smith is a partner in Morgan Lewis's Litigation Practice. He is a trial lawyer with a particular focus on high-stakes disputes in the biotechnology, medical device, and internet industries.

Brian M. Jazaeri
Brian M. Jazaeri

Brian M. Jazaeri is a partner in Morgan Lewis's Litigation Practice. Mr. Jazaeri represents clients in complex commercial litigation, with a particular emphasis on class action matters and financial services, healthcare and technology litigation.