David J. Lender

Biography

David J. Lender
David Lender is co-chair of Weil’s global Litigation Department and has over 20 years of experience trying and litigating complex, international commercial disputes in state and federal courts around the country, as well as in arbitration proceedings. Mr. Lender’s multi-disciplinary practice encompasses matters involving RICO, patent, antitrust, consumer fraud, and contracts issues, among others, including in the class action context. He has tried numerous cases to verdict – many of which have resulted in his clients obtaining, or avoiding, hundreds of millions of dollars in damages.

Recently, serving as co-lead counsel for General Electric, Mr. Lender secured a $170 million jury verdict against Mitsubishi Heavy Industries Ltd. in a patent infringement litigation in Texas federal court regarding wind turbine technology – a significant victory in GE’s dispute with Mitsubishi that The Wall Street Journal called “closely watched in the estimated $12 billion U.S. market for wind energy equipment.” Mr. Lender, who was recognized as one of The American Lawyer’s “Litigators of the Week” for his role in obtaining this verdict, also won summary judgment in 2012 dismissing a related $80 million patent infringement action in Florida federal court.

Mr. Lender’s other significant trial achievements have likewise resolved highly complex disputes that were global in scope. He won a complete defense jury verdict for ESPN in New York Supreme Court in a $231 million lawsuit brought by Modi Entertainment Network regarding the launch of the ESPN channel in India, a case requiring the application of both New York and Indian law. Mr. Lender also won a $417 million jury verdict for Exxon Mobil Corporation against Saudi Basic Industries Corporation, one of the largest petrochemical companies in the world, in Delaware Superior Court, where he asserted claims for breach of contract and usurpation under Saudi Arabian law.

Across several practice areas, he has played an instrumental role in protecting his clients’ valuable technology, much of which gears the ubiquitous products and daily transactions underpinning the economy today. In 2013, he won summary judgment for Microsoft dismissing a patent infringement action relating to an invention that enables certain capabilities of speech recognition software. In 2012, Mr. Lender won a major appellate victory for StubHub before the North Carolina Court of Appeals, which, on an issue of first impression, ruled that StubHub was immune from liability under the federal Communications Decency Act for the unlawful price of concert tickets resold by third parties on its website – a decision of critical importance to Internet websites and the growth of e-commerce. In 2013, Financial Times highlighted Mr. Lender’s work on this and other matters in the “Lawyers to the Innovators” section of the publication’s annual “US Innovative Lawyers” report. Earlier, on behalf of Nuance Communications, he obtained as lead counsel the favorable settlement of a patent infringement litigation regarding error correction technology in voice recognition software, which enables features in many products, including cellular phones.

Among his other notable representations, Mr. Lender was co-lead counsel for ESPN in a $1 billion defamation lawsuit brought by boxing promoter Don King, whom he deposed before obtaining summary judgment. He also has represented Sotheby’s in a number of litigations relating to its auctions, including winning a complete defense verdict involving a consignment of 17th-century New Mexican furniture and decorative arts, and recently was lead counsel for Dow Chemical in obtaining the dismissal with prejudice of a highly publicized RICO litigation brought by Greenpeace.

Mr. Lender is a recognized expert, author and frequent lecturer on electronic discovery issues. He is the co-author of the leading treatise on the subject, entitled Electronic Discovery: Law and Practice, originally published by Aspen Publishers in 2003, author of Privilege Issues in the Age of Electronic Discovery, originally published by BNA in 2008, and head of the Firm’s E-Discovery Task Force.

He is regularly recognized as a leading litigator by Legal 500, Chambers USA, and Benchmark Litigation, and noted for his experience in patent and IP law issues, E-Discovery, and class action disputes. In 2016, Chambers USA again recognized him as among the top commercial litigators in New York. Clients have commented in Chambers USA that he is a “go-to litigator who is smart and cuts to the chase,” and “extraordinarily bright, strategic, and practical.” In 2012, he was recognized as one of five “Class Action MVPs” nationwide by Law360 and named among the Lawdragon 500 Leading Lawyers in America.

Mr. Lender is on the Executive Board of New York Lawyers for the Public Interest and recently won a jury verdict in the Southern District of New York for a prisoner in a §1983 lawsuit.

Mr. Lender received his J.D. degree with High Honors, Order of the Coif from the Duke University School of Law in 1993, and his B.A. degree, cum laude, from Duke University in 1990. He currently serves on the Board of Visitors of Duke University School of Law.

Notable Representations

Gibson v. Credit Suisse, A.G., et al.
Lead counsel representing Credit Suisse in multi-billion dollar RICO class action relating to loans made to luxury resort property developers. Secured denial of class certification, and earlier obtained dismissal of plaintiffs’ RICO claims.

Allvoice Developments US, LLC v. Microsoft Corp.
Lead counsel representing Microsoft in patent litigation in Washington state federal court relating to an invention that enables certain capabilities of speech recognition software in computers, phones, and other electronic devices. Obtained summary judgment dismissing all claims, with the court holding that Microsoft did not infringe the patent at issue through its sale and distribution of certain Windows operating systems.

General Electric Co. v. Mitsubishi Heavy Industries Ltd., et al.
Co-lead counsel representing GE in patent infringement litigation against Mitsubishi Heavy Industries, Ltd. involving wind turbine technology. Obtained jury verdict of infringement for GE and a damages award of $170 million following a seven-day trial in the Northern District of Texas. Mr. Lender was recognized as one of The American Lawyer's "Litigators of the Week" for his role as co-lead trial counsel for GE.

Hill v. StubHub Inc., et al.
Lead counsel representing StubHub in interlocutory appeal to North Carolina Court of Appeals in putative class action involving claims of resale of illegal overpriced tickets on its website. Won complete reversal of the trial court's decision and entry of summary judgment in StubHub's favor, holding that, on an issue of first impression under the scope of the federal Communications Decency Act, StubHub is immune from liability under state law because StubHub did not “materially contribute” to the creation of unlawful material.

Greenpeace v. Dow, et al.
Lead counsel representing Dow in RICO litigation brought by Greenpeace. Won motion to dismiss dismissing complaint with prejudice.

Weinstein v. eBay Inc., et al.
Lead counsel representing eBay, StubHub and the New York Yankees in unfair trade practices litigation involving claims that sales of Yankees tickets on StubHub violated New York's Arts and Cultural Affairs Law. Won motion to dismiss dismissing all claims with prejudice.

Mitsubishi Heavy Indus., Ltd., et al. v. General Electric Company
Lead counsel representing General Electric in Walker-Process and sham antitrust litigation involving enforcement of patents on wind turbines. Won motion staying case in favor of General Electric’s affirmative patent claims against Mitsubishi.

Digjam Limited v. WL Ross & Co., LLC
Lead counsel representing WL Ross & Co. in commercial litigation involving acquisition of business in India. Obtained dismissal of complaint on forum non conveniens grounds.

Rambus v. Micron Technologies
Co-lead counsel representing Micron Technologies in patent infringement litigation involving DRAM technology. Case stayed based on spoliation findings against Rambus.

Molecular Diagnostics Laboratories v. Hoffman-LaRoche, Inc., et al.
Lead counsel representing Applera in Walker-Process antitrust litigation involving sales of Taq. Case settled and dismissed against Applera for no payment by Applera.

Don King Productions, Inc. and Don King v. The Walt Disney Company, et al.
Co-lead counsel representing ESPN and Disney in defamation lawsuit brought by Don King claiming more than $1.0 billion in damages. After taking Don King’s deposition, won summary judgment dismissing all claims.

AllVoice Computing PLC v. Nuance Communications, Inc.
Lead counsel representing Nuance in patent infringement litigation involving error correction in voice recognition software. Case settled in 2008.

Technology Properties Limited, Inc. v. Fujitsu Limited, et al.
Lead counsel representing Matsushita and JVC in patent infringement litigation involving clocking of microprocessors. Case settled in 2007.

Goldsmith v. Sotheby's, Inc.
Lead counsel representing Sotheby's in litigation arising out of sale of 17th century Italian baroque marble inlaid tabletop at auction. Won summary judgment dismissing all claims under UK law.

LoPresti v. Citigroup, Inc., et al.
Lead counsel representing various Citigroup entities in $100 million lawsuit arising out of Lutheran Medical Center's decision to implement a new retirement program for its employees. Obtained dismissal of all claims, affirmed by Second Circuit.

Esso Virgin Islands, Inc. v. Government of the United States Virgin Islands, et al.
Lead counsel representing Esso Virgin Islands in successful challenge of government regulation seeking to cap gross margin on sale of motor fuel as unconstitutional taking under the Fifth Amendment.

United States of America, et al. v. Hoffman-LaRoche, Inc., et al.
Lead counsel representing Applera Corporation in qui tam lawsuit alleging overcharges in sales of Taq enzyme to government. Obtained dismissal of all claims.

Modi Enterprises v. ESPN
Co-lead counsel in successful defense of a $231 million lawsuit brought against various ESPN entities arising out of the launch of the ESPN channel in India. After a two-week trial in the Commercial Division of the Supreme Court of New York, the jury rendered a complete defense verdict for ESPN in the case in which the Plaintiffs asserted claims for breach of contract, misappropriation of trade secrets, unfair competition and breach of fiduciary duty. ESPN also won $1.8 million on its counterclaim, based on the Plaintiffs’ failure to make payments during the last four months of the parties’ contract. This is believed to be the largest defense verdict in 2004.

Saudi Basic Industries Corporation v. Mobil Yanbu Petrochemical Co. and Exxon Chemical Arabia, Inc.
Co-lead counsel representing ExxonMobil against Saudi Basic Industries Corporation in licensing dispute involving claims for breach of contract and usurpation under Saudi Arabia law. Obtained jury verdict for ExxonMobil for $416.88 million, one of the largest jury verdicts in the United States in 2003.

Cultural Assets LLC and Al Luckett v. Sotheby’s, Inc.
Co-lead counsel representing Sotheby’s in consignor dispute in New Mexico involving claims for breach of contract, breach of fiduciary duty and negligence. Obtained defense verdict for Sotheby’s.

Dynacore Holding Corp. v. U.S. Phillips Corp, et al.
Lead counsel representing Matsushita and JVC in patent infringement litigation involving IEEE 1394 technology. Obtained summary judgment of non-infringement, affirmed by Federal Circuit.

United Technologies Corporation v. Chromalloy Gas Turbine Corporation
Successfully represented Chromalloy in trial of breach of contract dispute (reversed on appeal).

Exxon Research and Engineering Company v. United States
Represented Exxon in patent infringement suit involving gas-to-liquids technology. Case settled.

Chromalloy Gas Turbine Corporation v. United Technologies Corporation
Successfully represented Chromalloy in four month antitrust trial, obtaining jury verdict of attempted monopolization.

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