David Goldstein, a partner in Orrick’s San Francisco office, is a member of the Litigation Group focusing on antitrust and competition matters.

Mr. Goldstein has represented clients in demanding and complex commercial litigation matters for more than 25 years. For the past 20 years, his practice has focused on antitrust and trade regulation engagements involving cartels, dominant firms and monopolization, the antitrust/IP interface, standards essential patents and standards-setting activities, and other areas of antitrust law. He often is called up to provide guidance to clients on antitrust issues involving pricing and distribution, vertical agreements, trade association activities, and antitrust issues that arise in licensing agreements. He has litigated cases and counseled clients in a broad range of industries, including electronic devices and components, entertainment, health care, pharmaceuticals, clothing, payment cards, credit reports/identity theft, DSL technology, LED lighting, motor oil, and medical devices. Mr. Goldstein has been recommended in The Legal 500 in 2011 for the United States in Antitrust, and he has been named a Northern California Super Lawyer in Antitrust every year since 2006. He served as the editor-in-chief of Orrick's Antitrust and Competition Newsletter, and now serves as the editor-in-chief of Orrick’s antitrust blog, AntitrustWatch.com.

In addition to antitrust matters, Mr. Goldstein has represented clients in cases involving California's Unfair Competition Law, the Fair Credit Reporting Act, the Lanham Act, insurance coverage, real estate, and other business disputes. He also has represented clients in matters involving the First Amendment.

  • Mr. Goldstein often writes and speaks about antitrust, competition, and litigation practice issues. He also has been active in the Bar Association of San Francisco for many years. He served on the Litigation Section’s Executive Committee for many years and as the Chair in 2009; he served as the Vice Chair of the Antitrust Section in 2010-2011 and is a member of the Executive Committee; and he previously served on the Editorial Board of San Francisco Attorney Magazine and as the Editor of the Barrister’s Club Law Journal.

    Prior to joining Orrick, Mr. Goldstein was a shareholder at Heller Ehrman LLP, where he served as a Co-Chair of the San Francisco Litigation Department and sat on the San Francisco Management Committee.

  • The following are some of Mr. Goldstein's representative matters.

    Cartels:

    • Sony Electronics. Defended Sony in direct and indirect purchaser class actions alleging price fixing with respect to SRAM chips.
    • Sony Electronics and Sony PlayStation. Representing Sony as a plaintiff pursuing antitrust claims based on its purchases of price-fixed TFT-LCD panels.
    • Sony Pictures. Defended Sony in alleged no-poach and wage-suppression class action.
    • Merck v. Teva. Advised Merck in California Supreme Court proceedings in alleged price-fixing case.
    • Copper Tubing Manufacturer. Defended German manufacturer of copper tubing in price-fixing class action. 

    Antitrust/Intellectual Property:

    • Texas Instruments. Defended Texas Instruments against Section 2 antitrust counterclaims based on standards-setting for DSL technology.
    • nVidia. Represented nVidia in asserting Section 2 antitrust counterclaims based on Rambus' conduct before a standards-setting organization.
    • One Technologies. Represented One Technologies in asserting Section 2 antitrust counterclaims in a trademark infringement case involving Google AdWords.
    • Electronics Manufacturer. Advised U.S. subsidiary of Japanese parent regarding possible antitrust counterclaims based on a patent pool.

    Dominant Firms and Monopolization:

    • Visa. Defended Visa, in a purported U.S. $100 billion class action brought by Wal-Mart and other merchants asserting tying and attempted monopolization claims, In re Visa Check/MasterMoney Antitrust Litigation.
    • Visa. Defended Visa in 40 indirect purchaser class actions in more than 20 states asserting monopolization, consumer protection, and common law claims in follow-on cases to In re Visa Check/MasterMoney Antitrust Litigation.
    • Merck. Defended Merck against Section 2 antitrust counterclaims in a Hatch-Waxman case involving cholesterol drugs.
    • Pennzoil-Quaker State. Defended Pennzoil-Quaker State in a challenge to the merger of the two companies.

    General Litigation:

    • Delta Dental. Defending Delta in purported class action alleging breach of contract and other claims.
    • Real Estate Company. Represented owner of real estate in a three-week arbitration to determine the fair market rent for a property in Silicon Valley.

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