David R. Carpenter
DAVID CARPENTER is a litigation partner and member of Sidley’s Supreme Court and Appellate practice. David’s expansive practice cuts across substantive areas of law and has included significant work in the life sciences, financial services, consumer products and technology and entertainment industries. David has participated in merits, petition and amicus briefing before the Supreme Court and has significant experience on appeal and at the trial court level in:
- The defense of class actions alleging consumer fraud/unfair competition claims.
- The defense of wage-and-hour claims under the Fair Labor Standards Act and state law.
- Complex commercial litigation trials and appeals.
David earned the International Law Office’s 2016 Client Choice Award for excellent client service in U.S. Litigation. He was recommended in The Legal 500 US 2015 for Labor and Employment Litigation and has been named one of the “Top 40 under 40” appellate lawyers in California by the American Society of Legal Advocates (2013-2016).
Prior to joining the firm, David clerked for the Honorable Chester J. Straub of the Court of Appeals for the Second Circuit and for the Honorable John G. Koeltl of the Southern District of New York.
Recent Supreme Court Matters
- Represented the Children’s Defense Fund, Fair Elections Legal Network and the Union for Reform Judaism et al. in an amicus brief in Evenwel v. Abbott (2015), involving whether the “one-person, one-vote” principle under the Equal Protection Clause allows States to use total population, rather than voter population, when apportioning state legislative districts.
- Represented respondent in Kerry v. Din (2015), raising the issues of (1) whether a U.S. citizen’s constitutional rights are implicated by the denial of a visa to her spouse to allow them to live together in the U.S. and (2) if the U.S. citizen has standing to sue, what is the scope of review and level of information required to sustain the denial.
Representative Class Action Experience (Trial Court and Appellate)
- Successfully represented a national pharmacy/retail chain on appeal in the California Court of Appeal and Ninth Circuit in cases seeking class certification of, respectively, vehicle-reimbursement claims and claims for alleged off-the-clock. Christensen v. CVS Pharmacy, Inc. (Cal. Ct. App. 2017); Howard v. CVS Pharmacy, Inc. (9th Cir. 2016).
- Represented employers in defeating class certification of claims for the misclassification of technology support specialists (Benedict v. Hewlett Packard Co. (N.D. Cal. 2015)) and claims adjusters (Braun v. Safeco Insurance Co. (C.D. Cal. 2014)).
- Represented a pharmaceutical manufacturer in the trial court and on appeal in a series of nationwide and statewide class actions challenging the marketing of a prescription drug. Dismissals were affirmed on appeal in Teamsters v. AstraZeneca Pharm. L.P. (Del. 2016), Depriest v. AstraZeneca Pharm. L.P. (Ark. 2009). and Prohias v. AstraZeneca Pharm. L.P. (Fla. Dist. Ct. App. 2007). In another case, summary judgment was granted and class certification was denied. Weiss v. AstraZeneca Pharm. L.P. (Cal. Ct. App. 2010).
- Currently representing defendants in the California courts of appeal in putative consumer fraud class actions relating to vehicle fuel-efficiency ratings and the labeling of a line of multivitamins.
Other Appellate and Complex Commercial Litigation Experience
- Represented a mortgage bank (at trial and as appellate counsel) in securing a multi-million-dollar verdict in a case alleging data theft and breach of contract, among other claims, against a former loan officer and competing mortgage bank. Mount Olympus Mortgage Co. v. Anderson et al. (2016). The case was recognized as one of the Top 50 Verdicts of the year in California.
- Representing the defendant in a pending state court of appeal case raising, among other things, the question of what causation standard applies to the maker of a safety product in an asbestos-related cancer case.
- Representing a major oil company in a pending appeal in the Ninth Circuit in a case raising claims for breach of contract and negligence in connection with refinery operations.
- Represented investment funds in complex commercial disputes arising from film-finance transactions. Cases have included the defense of breach of contract and tortious interference claims arising from a film-slate financing dispute, and claims relating to loan/guaranty enforcement.
- Advised the Securities Industry and Financial Markets Association (SIFMA) on statutory and constitutional issues regarding proposals for local governments to use eminent domain to seize underwater mortgage loans held in private label securitization trusts.
David is a member of the Sidley Los Angeles recruiting committee and associate training committee, for which he has developed programs on effective legal writing and research techniques.
In June 2015, David joined the Board of Directors for the Western Center for Law and Poverty.