David R. Singh is a partner in Weil’s Litigation Department and his practice covers all aspects of complex commercial litigation in state and federal courts throughout the country. He has litigated a wide variety of disputes, including consumer class actions (including alleged violations of California's Unfair Competition Law, False Advertising Law and Consumer Legal Remedies Act), trade secret misappropriation and employee mobility disputes, breach of contract, fraud, and product liability cases, and earn out, working capital, indemnification and other post-closing M&A disputes.
Mr. Singh is a recognized leader in Silicon Valley and the legal community, with particular contribution to the area of class actions, diversity and pro bono. He was recently named one of the “40 Under 40” by the Daily Journal, and a “Legal Lion” by Law360 for recent work on high profile consumer class actions. Mr. Singh serves as a leader in the ABA, Section of Litigation in his roles as Co-Chair, Corporate Counsel Committee, Vice-Chair of the Section's inaugural Professional Success Summit, and Member of the Host Committee for the 2016 American Bar Association Annual meeting in San Francisco. He is also a member of the South Asian Bar Association (SABA) Northern California Chapter, member of Weil’s firm-wide Diversity Committee, Co-founder of Weil’s Asian affinity group, leader of Weil's Class Action Task Force and editor of the Firm’s Class Action Monitor, regularly speaking and writing on significant class action issues. Mr. Singh previously served as Weil's Leadership Council on Legal Diversity (LCLD) Fellow in 2012, member of the Council of Urban Professionals (CUP) Leadership Board, and a Practicing Attorneys for Law Students (PALS) mentor. He has also been recognized as a “Pro Bono Legend,” a recognition of attorneys at Weil who have performed more than 50 hours of pro bono service for five or more consecutive years.
Mr. Singh’s recent notable work in includes prevailing on motions to dismiss two separate consumer class action complaints against a leading public technology company, one alleging a defect in its top-selling device and the other regarding a Wi-Fi feature in its operating system; securing the dismissal of a class action complaint against Sanofi regarding its epinephrine injection product, Auvi-Q; and playing a lead role on a team representing ExxonMobil in In re: Motor Fuel Temperature Sales Practices Litigation, a multidistrict litigation involving more than 30 putative class actions alleging that retailers of gasoline and diesel fuel should have adjusted the size or cost of gallons of fuel sold to account for thermal expansion. He currently represents Walgreen’s in a number of high profile class actions regarding Theranos blood tests.
Other experience highlights include:
- Toyobo – Defense of Toyobo, a major Japanese fiber manufacturer, in consumer fraud class actions throughout the United States, False Claims Act actions, suits and investigation by states attorneys general, claims and lawsuits by body armor manufacturers, and personal injury claims arising from the sale of a high-performance fiber used in the manufacture of hundreds of thousands of bullet-resistant vests.
- Nuance – Represents Nuance Communications in a declaratory judgment action against IBM in relation to the software powering IBM’s Watson, DeepQA. In September 2010, Nuance negotiated for an early, ground-floor level license to the Watson software, plus any and all updates to the software for a period of ten years. Through this purchase, IBM granted Nuance a license to the Watson software, including the right to use and incorporate it into Nuance’s own commercial products, and to sublicense the source code to third parties. However, after Watson gained popularity, IBM did not provide all the updates outlined in the initial agreement.
- Pandora – Represents Pandora Media, Inc. in a proceeding in front of the Copyright Royalty Board to determine reasonable rates and terms for making and distributing phonorecords for the period beginning January 1, 2018, and ending December 31, 2022.
- ESPN and ABC Cable Networks Group – obtained a complete victory at trial for Disney affiliates ESPN and ABC Cable Networks Group, Inc. in case brought by Echostar Satellite L.L.C. (n/k/a Dish Network) seeking over $100 million in damages. Plaintiff Echostar, now operating under the name Dish Network, claimed the rights to four high definition television networks, including the Disney Channel HD and ESPN News HD, under existing licensing agreements. After a two week jury trial the jury came back in our clients favor after 7 hours of deliberation.
- Sanofi-Aventis – Obtained a trial victory in a contractual dispute with Sun Pharmaceutical Industries over a settlement in a Hatch-Waxman patent infringement litigation related to Eloxatin, Sanofi’s branded colorectal drug treatment product with annual sales in excess of $1 billion. Following expedited discovery, an evidentiary hearing and pre- and post-trial briefing, the district court agreed with Sanofi’s interpretation of the parties’ settlement agreement and held that Sun was enjoined from selling its generic version of Eloxatin® until August 2012. The Federal Circuit dismissed Sun’s appeal of the district court’s ruling as moot.
- C-III Asset Management LLC – Defeated plaintiffs’ motion for preliminary injunction against C-III Asset Management with respect to an event of default in a commercial mortgage secured against property owned by plaintiffs.
- Dave & Buster’s – Secured voluntary dismissal – without even having to file a motion to dismiss – through favorable individual settlement of putative class action alleging violation of NY GBL § 349 based on Dave & Buster’s pricing arcade games in fractions of credits, allegedly leaving consumers with unusable remaining credits.
- New York Metropolitan Transportation Authority – Successfully defended the New York Metropolitan Transportation Authority in a challenge brought by Madison Square Garden over the rights to build the New York Sports and Convention Center on Manhattan’s West Side,
- Penn Treaty – obtained a favorable settlement in a putative nationwide class action against Penn Treaty Network America Insurance Company and Penn Treaty American Corp. alleging fraud, negligent misrepresentation, breach of fiduciary duty, breach of the duty of good faith, restitution and reformation.