DAVID L. ANDERSON has been described in the legal press as a “talented trial lawyer,” who is “thorough, professional and courteous,” “smart and well organized,” “good in front of a jury” and “well known and respected.” Twice he has been named in Law360 as “a litigator you fear going up against in court.”
Dave is a former Supreme Court clerk and former federal prosecutor. He clerked for Supreme Court Justice Anthony M. Kennedy in 1991–1992. He also clerked for Chief Judge J. Clifford Wallace of the Ninth Circuit Court of Appeals and Judge George H. Aldrich of the Iran-U.S. Claims Tribunal in The Hague, Netherlands. Later in his career, he served as an Assistant United States Attorney (AUSA) and First Assistant United States Attorney (FAUSA). As FAUSA, he had responsibility for all criminal, civil and tax cases brought by or against the United States in the Northern District of California.
Dave has represented AT&T, Dynegy, Facebook, Flextronics, Genentech, STMicroelectronics, Wells Fargo and numerous individual clients. Over the past twenty-five years, he has worked on civil and criminal cases, accounting, antitrust, health-care, insider-trading, patent, securities and trade-secret cases, and government and internal investigations. In general he is comfortable with a wide range of financial subjects, having earned his B.S. in accounting.
- Defended a civil patent case in the Eastern District of Texas for one of the world’s largest consumer electronics companies. After a two-week trial, the jury returned a defense verdict for the client.
- Defended the CEO of a prominent political organization in an investigation that the California Fair Political Practices Commission characterized as the “largest case of campaign money laundering in California history.” Although the client was initially the target of the investigation, no charges were filed against him, no settlement amounts were paid by him, and he was exonerated.
- Represented numerous C-level clients in criminal and civil investigations.
- Represented a company in a government investigation of its initial public offering, which resulted in SEC charges being brought against the stock exchange responsible for the IPO. No charges were brought against the client.
- Represented a semiconductor manufacturing company in a case arising out of the theft of trade secrets by a departing employee. Obtained a TRO, preliminary injunction and final judgment for the client against the former employee.
- Represented a public company in an internal and government investigation, financial restatement and Nasdaq delisting proceedings relating to revenue recognition. The client completed its restatement, maintained its Nasdaq listing and concluded the government investigation without charges.
- In United States v. Gregory L. Reyes, Dave successfully prosecuted the only Silicon Valley CEO convicted of stock-options backdating. The New York Times described the case as the “the most notable conviction from this era.” In United States v. Charles W. McCall, Dave successfully prosecuted the board chairman of a well-known public company in a case described in the Los Angeles Times as “one of the largest financial crimes ever investigated by the FBI and Securities and Exchange Commission.”
Dave’s professional activities include past service as Chairman of the Magistrate Judge Merit Selection Panel for the Northern District of California and testimony before Congress in support of the Securities Litigation Uniform Standards Act. He has presented before the American Bar Association, the Bar Association of San Francisco and in other venues on the defense of insider-trading cases. In addition to his practice, Dave has taught classes on securities regulation and the defense of accounting cases at Stanford Law School, UC Berkeley Law School and UC Hastings College of the Law.
Dave has been recognized by Chambers and Partners, The Best Lawyers in America, Benchmark Litigation, International Who’s Who and SuperLawyers. He has been named by the law firm associate website Above the Law as one of the top partners to work for in California.