Dave regularly represents Brann & Isaacson’s business clients, including over a dozen of the 100 largest Internet retailers, in business, false claims, intellectual property, privacy, class action, and tax litigation. He has appeared in federal and state trial and appellate courts from Maine to California, and before federal and state agencies throughout the country. Dave also advises clients on compliance issues in the areas of data privacy and security and state and local tax.

Dave has experience in all aspects of litigation, from dispositive motions through trial, and regularly handles licensing discussions and settlements as well. He has argued and won favorable judgments for the firm’s clients on motions to dismiss, summary judgment, at trial, and on appeal, and has handled successful oral arguments in the Federal Circuit Court of Appeals. He has served as lead counsel on a petition for a writ of certiorari filed in the U.S. Supreme Court, and co–authored many amicus briefs for leading national Internet retailers and other clients in the Supreme Court and the U.S. Circuit Court of Appeals for the Federal Circuit; he has co-authored law review and other articles on key issues in false claims, privacy, patent litigation, and state and local tax issues.

Before joining the firm, Dave served as law clerk to United States District Judge Vaughn R. Walker of the United States District Court for the Northern District of California in San Francisco.

Wesleyan University (B.A. with high honors, 1995)
University of Michigan (M.A. in Philosophy, 1998)
University of Michigan Law School (J.D., magna cum laude, Order of the Coif, 2002) 

U.S. Supreme Court
U.S. Court of Appeals for the Third and Federal Circuits
U.S. District Court for the District of Maine, the Central, Eastern, Northern and Southern Districts of California, the Eastern District of Michigan, and the Eastern District of Texas

IP Star, Managing Intellectual Property (2017 – 2019)

Chaos Theory: The States’ Response to Wayfair,” State Tax Notes, vol. 92,  no. 11, 887–97 (June 10, 2019) (with Martin I. Eisenstein)
Storming the Castle: Qui Tam After Sprint’s $330M Settlement,” State Tax Notes (Mar. 11, 2019) (with David W. Bertoni)
“The Sky is Not Falling” GAO Report Hobbles Attack on Quill“, State Tax Notes (Mar. 5, 2018) (with David W. Bertoni)
“Alice’s Adventures in Oz: Revealing the Man Behind the Curtain,” 9 Akron Intell. Prop. J. 29 (2015) (with Stacy O. Stitham)
“Patent Law 101: The Threshold Test as Threshing Machine,” Texas IP Law Journal, vol. 21, no. 1 (August 2013) (with Stacy O. Stitham)
“Back to the Future: Revisiting Zippo in Light of ‘Modern Concerns,’” 29 John Marshall J. of Comp. & Info. Law, No. 2 (Fall 2012) (with Stacy O. Stitham)
“Fractious Form 18,” 45 CONNtemplations 1 (2012) (with Stacy O. Stitham)
“Vendor Indemnification on the Open Range,” Intellectual Property Litigation, Vol. 23, No. 1 (2011) (with Stacy O. Stitham)
“ResQNet: Rescuer or Wrecking Ball in Patent–Licensing Negotiations?”, Intellectual Property Litigation, Vol. 22, No. 1 (2010) (with Stacy O. Stitham)
Co–author of amicus curiae briefs for Internet retailers in leading patent cases in the U.S. Supreme Court, including Limelight Networks v. Akamai, No. 12–786 (2014) (elements of proof of indirect patent infringement); Alice Corp. v. CLS Bank Int’l, No. 13–298 (2014) (effect of a presence of a computer in a claim on patent eligibility); Microsoft v. i4i, No. 10–290 (2010) (standard of proof of patent invalidity); and Bilski v. Kappos, No. 08–964 (2009) (patent eligibility of business method patents)
Law Clerk to United States District Judge Vaughn R. Walker of the United States District Court for the Northern District of California (2002 – 2003)

Board of Directors, Williamsburg Montessori School, Williamsburg, Virginia (2013 – 2015; chair, 2014 – 2015) 


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