David L. Zifkin
Areas of Practice
University of California, Berkeley, Boalt Hall School of Law, J.D., 2004; American Jurisprudence Award (ADR Process, Policy); Prosser Prize for Evidence; Moot Court Writing Award
University of Pennsylvania, B.A., cum laude, History/Asian and Middle Eastern Studies, 1999; Dean's List; Adolph G. Rosengarten, Jr. Prize in History
District of Columbia and California
United States District Courts: Central, Northern, Southern, and Eastern Districts of California
United States Courts of Appeal: Ninth Circuit
David Zifkin represents companies and individuals in complex litigation and regulatory matters, across a variety of substantive areas.
Mr. Zifkin has broad experience in a number of important areas of law, including intellectual property, health care, antitrust, unfair competition, securities, and general commercial disputes. He has litigated cases raising cutting edge legal issues under federal and state securities, antitrust, copyright, and trademark laws, the False Claims Act, and California’s Unfair Competition Law. He also has managed complex health care regulatory matters.
Representative cases include:
- Advising clients on health care regulatory issues, including, for example, FDA approval of medical devices; FDA regulation of pharmacy compounding; FDA audits; application of the Clinical Laboratory Improvement Amendments (CLIA); and CMS surveys under CLIA.
- Lead counsel in the successful representation of a firm client against allegations that its trademark was likely to cause confusion.
- Co-managing representation of InfoSpan, Inc. in its trade secret case against Emirates NBD Bank related to software and related technologies.
- Defending Beats Electronics, LLC against various claims asserted by Monster, LLC and Noel Lee, including fraud, breach of fiduciary duty, and violations of California’s Unfair Competition Law and Corporations Code.
- Co-lead counsel in the firm’s representation of The Goldman Sachs Group and some of its affiliates against claims asserted under the False Claims Act.
- Lead counsel in the representation of a firm client against allegations of fraud and breach of fiduciary duty.
- Co-managed the successful defense of Goldman, Sachs & Co. before a Financial Industry Regulatory Authority arbitration tribunal against allegations of fraud, breach of fiduciary duty, and breach of contract where the damages sought were in excess of $300 million.
- Co-managed the successful representation of NRFC NNN Holdings, LLC’s in its appeal from a judgment against it of over $40 million. In a published opinion, the California Court of Appeal reversed the judgment with direction to enter summary judgment in favor of our client. GECCMC 2005 C-1 Plummer Street Office L.P. v. NRFC NNN Holdings, LLC, 204 Cal. App. 4th 998 (2012).
- The successful representation of Genesco Inc. in its litigation against The Finish Line Inc. and UBS AG to obtain specific performance of a $1.5 billion merger agreement. After a bench trial, the court ordered specific performance.
- Winning summary judgment (affirmed on appeal) for a Fortune 500 corporation against charges it violated the Robinson Patman-Act and Section 2 of the Sherman Act where damages sought were in excess of $250 million.
- The successful representation of a Fortune 500 company in a putative class action against a claim that it violated California's Unfair Competition Law.
In addition to his litigation work, Mr. Zifkin has conducted internal corporate investigations, including the internal review of business and accounting practices for a major reinsurer.
Mr. Zifkin also is involved in the Firm’s pro bono practice. In that regard, he successfully represented two children in their appeal from the denial of their asylum claims.
Prior to attending law school, Mr. Zifkin worked for the Milken Family Foundation in Santa Monica, California where he participated in projects to improve public education.
Selected Professional Awards and Associations
American Bar Association
Los Angeles County Bar Association
Update author of Chapter 5 (Antitrust) of California Business Litigation (2008), a two volume attorney's handbook published by the California Continuing Education of the Bar.
Schachter, J., Thum, Y.M., & Zifkin, D., Does Teaching Creatively Increase Student Achievement?, Journal of Creative Behavior, 2006 Vol. 40, No. 1
The BSF Report: Spring 2013 (03.08.2013)
BSF Expands Practice in Southern California (May 25, 2011)
Firm Report: January 2008 (Vol. 3, Issue I) (01.22.2008)
N.Y. Times Reports on Fallout of BSF's Genesco Win (December 29, 2007, at B2)
BSF Wins Trial Requiring Completion of $1.5 Billion Acquisition (December 28, 2007, at A3)
BSF at the Center of UBS-Genesco-Finish Line Trial (December 19, 2007)
Genesco Lead Trial Counsel Jim Denvir Closes in Nashville Trial (December 19, 2007)
Firm Report: July/August 2007 (Vol. 2, Issue II) (08.22.2007)