David R. Singh’s 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.
Most recently, Mr. Singh was named to Benchmark Litigation’s 2017 and 2018 “40 & Under Hot List” and Law360’s 2017 list of “Rising Stars” for his work on class actions. He has also been named a “Next Generation Lawyer” by Legal 500 and a “Rising Star” by the Minority Corporate Counsel Association. In 2016, he was named to the Daily Journal’s “40 Under 40” list.
Mr. Singh’s recent notable work in includes prevailing on motions to dismiss two separate consumer class action complaints in California federal court 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 (which was subsequently upheld on appeal before the Ninth Circuit); 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 served as lead day‐to‐day counsel for Walgreens in consumer class action litigation relating to Theranos Labs blood testing technology, securing dismissal of core claims and indemnification from Theranos.
Other representative engagements include:
- 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.
- Alibaba – Represents Alibaba in a putative class action alleging that it has not adopted and reasonably implemented measures to prevent the sale of unauthorized copies of copyrighted works on its e‐commerce platforms.
- AdColony – Represents mobile video advertising and monetization platform AdColony in a putative class action alleging that the collection of personal information on various smart phone‐based apps violates federal and state privacy laws.
- Procter & Gamble – Represented Procter & Gamble in a class action relating to the its probiotic supplement Align©; the Weil team secured a favorable settlement on the eve of trial.
- Nuance – Represents Nuance Communications in a declaratory judgment action against IBM in relation to the software powering IBM’s Watson, DeepQA.
- 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.
- 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.
- 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.
- 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.
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. Mr. Singh serves as a leader in the ABA, Section of Litigation in his roles as Chair of the Corporate Counsel Committee, Co-Chair of the 2017 ABA Annual Meeting, Vice-Chair of the Section's inaugural Professional Success Summit in 2016, 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.