Overview
David Horowitz is a litigator with broad experience in complex commercial litigation and arbitration. He has represented and counseled clients in a variety of substantive areas including mass torts and products liability, bankruptcy litigation, commercial contracts, consumer class actions, and securities and shareholder litigation.
David has served as trial counsel in numerous high-profile matters in federal and state courts across the country. Recently, David received a "Litigator of the Week" runner-up acknowledgment for his role in securing a complete defense verdict on behalf of 3M in a plaintiff-pick bellwether case involving 3M’s Combat Arms earplugs.
David also has an active pro bono practice. Most recently, he has successfully represented multiple LGBT asylum seekers fleeing persecution in their home countries. In addition, Public Counsel’s Consumer Law Project awarded David its 2016 Public Counsel Pro Bono Award for his successful representation of several foreign students in a lawsuit against a U.S.-based flight school.
David has been recognized as a “Rising Star” litigator by Southern California Super Lawyers every year since 2013.
Experience
Representative Matters
Mass Torts/Products Liability
- Represent multinational manufacturing company in largest mass tort MDL in history concerning sale of allegedly defective earplugs to the military.
- Represent prominent e-cigarette manufacturer in federal and state court proceedings brought by consumers, schools, municipalities, and state attorneys general alleging personal injury and economic damages.
- Represent biotechnology company in federal and state court proceedings brought by individuals and exporters arising out of the sale of genetically modified corn seeds.
Financial Services & Securities Litigation
Represent investment bank in multiple actions brought by institutional investors alleging federal and state securities law violations arising out of the sale of residential mortgage-backed securities.
Represented broker-dealer in breach of contract litigation concerning allocation of shares in an initial public offering.
Represented investment bank in regulatory investigation concerning the reporting of securities law violations.
Represented broker-dealer in putative class action involving allegations of market manipulation and “naked” short-selling.
Represented broker-dealer and investment bank in arbitration brought by former employee claiming wrongful termination, breach of contract, and unjust enrichment.
Bankruptcy Litigation
Represent manufacturing company in mass-tort related Chapter 11 proceedings, involving largest MDL in history arising out of the sale of allegedly defective earplugs to the military.
Litigation counsel in Chapter 11 proceedings for one of the world’s largest suppliers of rental production equipment.
Represented debtor-in-possession lender to subprime mortgage company in suit brought by trustee alleging fraud, breach of fiduciary duty, and aiding and abetting.
Represented former CEO of subprime mortgage lender in litigation brought by trustee alleging breach of fiduciary duty and fraudulent conveyances.
Represented casino and resort company in litigation brought by creditor alleging actual and constructive fraudulent conveyances.
Represented bank holding company in litigation with government agency concerning the allocation of refunds under a tax sharing agreement.
Complex Commercial Litigation
Represented government contractor in breach of contract litigation concerning the provision of electronic warfare equipment.
Represented satellite manufacturer in contract dispute concerning failed satellite launch.
Represented auction company and its directors and officers in breach of contract litigation alleging alter ego claims.
Represented purchaser of coal mine in breach of contract litigation over failed purchase.
Antitrust Litigation
Represented cable set-top box manufacturer in litigation alleging exclusive dealing and anticompetitive licensing involving interactive program guide technology.
Represented foreign airline in putative class action alleging price-fixing for air cargo services.
Represented movie studio in antitrust litigation filed by distributor alleging a vertical conspiracy to boycott.
Represented credit card network in litigation against rival networks alleging antitrust violations.
Clerk & Government Experience
Judicial InternHonorable Gerald Bruce LeeUnited States District Court for the Eastern District of VirginiaSummer 2002
More
Thought Leadership
Publications
Horowitz, David I. and Leaf, Paul J., “The Internal Affairs Doctrine Versus A Conflicting Contractual Choice of Law Provision,” BNA Insights (Vol. 10, No. 43) November 2, 2012.
Seminars
Panelist, “Loan Related Disputes: MBS, CLOs and Other Acronyms,” NERA Economic Consulting’s 2014 Finance, Law & Economics Securities Litigation Seminar, July 2014.
Recognition
“Rising Star” Southern California Super Lawyers, 2013–2019
Public Counsel Pro Bono Award Recipient, 2016
Memberships & Affiliations
Los Angeles County Bar Association
American Bar Association, Litigation Section
Association of Business Trial Lawyers
Credentials
Admissions & Qualifications
- California
- New York
Courts
- United States Court of Appeals for the Second Circuit
- United States Court of Appeals for the Ninth Circuit
- United States Court of Appeals for the Tenth Circuit
- United States Court of Appeals for the Eleventh Circuit
- United States District Court for the Central District of California
- United States District Court for the Northern District of California
- United States District Court for the Southern District of California
- United States District Court for the Eastern District of New York
- United States District Court for the Northern District of New York
- United States District Court for the Southern District of New York
Education
- The George Washington University Law SchoolJ.D.with Honors2004
Associate, The George Washington University Law Review
Henry R. Berger Award (excellence in tort law)
- American UniversityB.S.B.A., Business Administrationcum laude2001
News &
Insights
- Kirkland Alert California Court of Appeals Holds that Settlement Terms "Approved as to Form and Content" Are Not Enforceable Against Counsel
- Award Public Counsel Pro Bono Award
- Article The Internal Affairs Doctrine Versus A Conflicting Contractual Choice Of Law Provision
- Press Release Kirkland & Ellis LLP Appoints New Partners