David Swift handles a wide range of complex litigation matters, including intellectual property litigation, complex business litigation, entertainment litigation and white-collar criminal defense. David currently serves on the Judicial Appointments Committee of the Los Angeles County Bar Association, which is responsible for evaluating and rating candidates for judicial office. David also serves on the Litigation Section Executive Committee for the Los Angeles County Bar Association.
In 2009-2010, David served as the President of the Los Angeles County Bar Association Barristers, and from 2008-2010, David served on the Executive Committee and Board of Trustees for the Los Angeles County Bar Association.
David earned his J.D. from the University of Southern California School of Law, where he served as the President of the USC Public Interest Law Foundation, was a member of the USC Law Review and was elected to the Order of the Coif (top 10%). After law school, David served as a law clerk to the Honorable Cynthia Holcomb Hall in the United States Court of Appeals for the Ninth Circuit. Before joining KWIKA, David practiced civil litigation at the Los Angeles office of Munger Tolles & Olson.
David graduated from Pomona College with a B.A. in Politics, Philosophy and Economics. At Pomona, he served as the Associate Chair of the Pomona College Judicial Council and was a four-year member of the men’s varsity soccer team.
In 2010, 2011, 2012 and 2013, David was recognized as a “Rising Star” in Super Lawyers magazine—an honor awarded to the top 2.5% of lawyers in the Southern California area under 40 years of age.
In 2011, as a result of his community service work, David was named to the New Leaders Council’s “40 Under 40,” a national award recognizing 40 progressive leaders under the age of 40.
Representative Cases:
In 2008 and 2009, David represented DocuLex Inc. and its officers in a copyright, trademark and breach of contract action in the Northern District of California. After creating and implementing a targeted discovery plan, David brought a motion for summary judgment, which the court granted. See ExperExchange Inc. v. DocuLex Inc., et al., 2009 WL 3837275 (N.D.Cal. 2009). The Court also awarded DocuLex over $635,000 in fees and costs as a prevailing defendant under the Copyright Act. See ExperExchange Inc. v. DocuLex Inc., et al., 2010 WL 1881484 (N.D.Cal. 2010).
From 2008 to 2012, David represented an individual charged with running a $39 million Ponzi scheme operation. After much back and forth, the parties were able to reach a satisfactory plea deal.
In 2010 and 2011, David represented the cosmetic company, Hair Cubed, in a trademark and false advertising action arising out of its use of a competitor’s trademark in Google Adwords. David was able to negotiate a quick and satisfactory settlement.
In 2011, David represented the creator of a children’s brand in his lawsuit against his brand management company for fraud and breach of fiduciary duty. The case settled on the eve of trial for a confidential amount.
In 2012, David represented the cosmetic company, Rich On, Inc., in a trade dress action brought by a competitor, Beauty 21, Inc. The parties were able to reach a quick and satisfactory settlement.
In 2012, David represented a wholesale print shop in its claims against a competitor and two former employees for misappropriation of trade secrets and trade libel. After David filed a motion for summary judgment, the parties reached a confidential settlement.
David currently represents Sense Trading Company, a Dallas-based fashion accessories wholesaler, in a copyright, trademark and trade dress lawsuit brought by Brighton Collectibles, alleging that Sense Trading’s purses and wallets infringed on Brighton’s intellectual property rights. The case is now pending in the Southern District of California.
David also currently represents American Idol creator Simon Fuller in his case against Fox Broadcasting Company and Fremantlemedia North America, which alleges that as part of the settlement of the 2004 UK litigation regarding the similarities between American Idol and X Factor, Mr. Fuller had been promised an executive producer credit and fee for the US version of the X Factor television show. This matter is currently pending in Los Angeles Superior Court.
Publications:
A State’s Power to Enter into a Consent Decree that Violates State Law Provisions: What ‘Findings’ of a Violation are Sufficient to Justify a Consent Decree that Trumps State Law? Texas Journal on Civil Liberties & Civil Rights (10 Tex. J. on C. L. & C. R. 37 (2004)).
