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David Fuad

Partner

Los Angeles

Santa Monica

David Fuad is an accomplished trial lawyer and litigation advisor who serves as the firm’s Los Angeles Office Leader and co-leads associate assignments on commercial disputes—providing a full perspective on Orrick’s dispute resolution platform and extensive insight into nationwide and niche juror, jurisdictional, case management, and trial trends.

Market leaders rely on David to handle their business-critical disputes. Setting him apart, David excels at breaking down highly technical details for juries at trial, innovates in strategic, big-picture thinking as part of national counsel representations, and thrives under pressure, nimbly adapting to changing landscapes as contentious matters and client business goals evolve.

In trial, litigation, arbitration or mediation, David delivers efficient and favorable results aligned with clients’ business objectives. From health and safety mass tort litigation for the NCAA, to complex, multimillion-dollar international breach of contract claims and countersuits for a global television manufacturer, to high-stakes, precedent-setting employment victories for Oracle, David handles a range of commercial disputes. David was named a “Litigator of the Week” by American Lawyer for achieving a complete defense verdict in a precedent-setting jury trial, and has been named a “Litigator of the Week” Runner-Up twice for securing defense verdicts, including in a $100 million negligence action. In addition to these recognitions from American Lawyer, David was also named to The Recorder's list of Lawyers on the Fast Track in California.

Not all disputes end up in court. David leverages his extensive courtroom and alternative dispute resolution knowledge to provide invaluable risk mitigation counseling to both established and emerging companies. David serves as a business partner and trusted advisor to ambitious start-ups and high-growth companies—helping these innovative clients see around corners to avoid or reduce potential exposures.

In addition to his legal practice, David is committed to challenging inequities through his pro bono work. For Equal Justice Under Law, he helped secure a favorable judgment in a federal civil rights class action, barring indigent criminal defendants unable to pay court-imposed fines and fees from being jailed in a system that was described as a “modern-day debtors’ prison.”

While attending law school, David served as an extern for two Los Angeles Superior Court judges and was a member of the Loyola Entertainment Law Review.

  • NCAA, as part of the lead trial counsel team, in student-athlete health and safety litigation.

    Major Chinese Television Manufacturer, achieved a favorable resolution in a federal breach of contract action against its American distributor and related entities, including involving breach of contract, tort and antitrust counterclaims.

    Oracle in significant, bet-the-company employment litigation. 

    • Part of a team that obtained a complete dismissal of all claims in a high-stakes case against the OFCCP involving allegations of systemic compensation and job assignment discrimination at Oracle’s headquarters location, earning the Orrick team “Litigators of the Week” honors from American Lawyer.
    • Achieved a significant win in a precedent-setting case that is one of the first and biggest pay equity class actions in the tech sector, earning Orrick “Litigators of the Week” from American Lawyer.

    Schindler Elevator Corporation in a complete victory in a personal injury case. Brought on to mitigate a jury trial loss, the Orrick team obtained a reversal on appeal of a key indemnity question and then persuaded the trial court on remand to award Schindler 100% of its attorneys’ fees and costs against archrival Otis Elevator Company, resulting in a reversal worth millions.

    Real Estate Investment Group in a $100 million complex arbitration regarding the fair market rent for a premier retail location at San Francisco’s Union Square.

    LA-based startups and high-growth companies in successfully resolving several commercial disputes for only a small fraction of the demand.

    Naturex, Inc., a manufacturer of a Green Coffee Bean extract that was advertised on the Dr. Oz Show, in a putative class action alleging unfair competition and false advertising claims, which settled very favorably for the client.

    Applied Materials in successfully resolving a trade secret dispute within a month of being retained.

    Union Carbide in winning a complete defense verdict after a three-week jury trial.

    Major Clothing Manufacturer in a complete defense victory at arbitration related to a business dispute with its former designer.

    K2 Intelligence, a private investigative and cyber-defense services firm, in intellectual property disputes.

    Leading Silicon Valley Software Company in successfully settling a contentious multimillion-dollar wrongful termination arbitration in which the former employee had also alleged breach of a stock option agreement.

    Multinational Tech Company in securing a very favorable settlement in a dispute against a former in-house lawyer, who was represented by a highly regarded plaintiff’s firm.

    Two Large Consumer Product Manufacturers in obtaining a very favorable settlement in nationwide federal wage-and-hour class actions.

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