David Hurwitz’s practice focuses on civil litigation, particularly complex commercial litigation and class action defense. He has successfully tried cases and argued appeals in federal and state courts.

David has substantial experience with securities and shareholder derivative litigation, consumer class action litigation (and related claims under California’s Unfair Competition Law), and contract and business tort cases arising out of complex business transactions. He has also actively litigated matters involving trade secrets, health care, entertainment, and civil RICO cases.

Prior to joining the firm in 2009, David was counsel at O’Melveny & Myers, where he was a member of the securities litigation practice group.

Education

  • University of Chicago Law School, J.D., honors, Order of the Coif, Associate Editor of University of Chicago Law Review, 1988
  • University of Pennsylvania, B.A., summa cum laude, 1984

Representative Cases

  • Represented one of the nation’s largest health benefits companies in nationwide managed care class action litigation filed by doctors and other health care providers over payment and reimbursement issues.

  • Obtained dismissals of securities class action complaints on behalf of public company clients, including banks, investment banks, defense company, pharmaceutical companies.

  • Represented bank in Attorney General and private class actions involving mortgage underwriting and securitization practices.

  • Represented large manufacturing companies in consumer class actions alleging violations of California Unfair Business Practices and Consumer Legal Remedies Acts.

  • Represented boards of directors of public companies in shareholder derivative litigation.

  • Represented individuals in litigation against sellers of securities in trials, arbitrations and appeals.

  • Represented public companies in DOJ investigations in financial reporting cases.

  • Represented individual in alleged securities offering fraud.

  • Represented entertainment companies and individuals in idea submission and profit participation cases.

  • Obtained award for health care company in asset purchase agreement dispute.

Affiliations

  • Board of Directors, Lamp Community, a non-profit serving homeless and formerly homeless persons.
  • Member, Board of Directors, Asian Americans Advancing Justice
  • Former Member, Executive Committee, Litigation Section of the California State Bar
  • Former Member, Editorial Board, California Litigation
  • Member, California Minority Counsel Program
  • Member, American Bar Association
  • Member, Los Angeles County Bar Association

Recent News & Events

  • Bird Marella Obtains Pro Bono Victory on Behalf of Former U.S. Marine

    Bird Marella attorney David Hurwitz obtained a pro bono victory on behalf of a former U.S. Marine who served in a combat deployment in Iraq. The ravages of war left him suffering with Post Traumatic Stress Disorder.  The Marine Corps discharged the client with a less than honorable discharge status, ...

  • Bird Marella Obtains Denial of Class Certification for Xerox

    After briefing and oral argument in the defense of Xerox State and Local Solutions, Inc., Bird Marella attorneys Thomas V. Reichert, David I. Hurwitz, and Ekwan E. Rhow successfully secured an order from the Federal District Court in Los Angeles, denying the plaintiffs’ motion for class certification.

  • Big win for client Samsung

    Bird Marella attorneys Ekwan E. Rhow and David I. Hurwitz  win motion to reconsider for client Samsung Telecommunciations America LLC halting a putative class action over allegedly defective Galaxy S II phones.  The judge referred the matter to arbitration reversing an earlier decision in January 2013.

David Hurwitz’s practice focuses on civil litigation, particularly complex commercial litigation and class action defense. He has successfully tried cases and argued appeals in federal and state courts.

David has substantial experience with securities and shareholder derivative litigation, consumer class action litigation (and related claims under California’s Unfair Competition Law), and contract and business tort cases arising out of complex business transactions. He has also actively litigated matters involving trade secrets, health care, entertainment, and civil RICO cases.

Prior to joining the firm in 2009, David was counsel at O’Melveny & Myers, where he was a member of the securities litigation practice group.

Representative Cases

  • Represented one of the nation’s largest health benefits companies in nationwide managed care class action litigation filed by doctors and other health care providers over payment and reimbursement issues.

  • Obtained dismissals of securities class action complaints on behalf of public company clients, including banks, investment banks, defense company, pharmaceutical companies.

  • Represented bank in Attorney General and private class actions involving mortgage underwriting and securitization practices.

  • Represented large manufacturing companies in consumer class actions alleging violations of California Unfair Business Practices and Consumer Legal Remedies Acts.

  • Represented boards of directors of public companies in shareholder derivative litigation.

  • Represented individuals in litigation against sellers of securities in trials, arbitrations and appeals.

  • Represented public companies in DOJ investigations in financial reporting cases.

  • Represented individual in alleged securities offering fraud.

  • Represented entertainment companies and individuals in idea submission and profit participation cases.

  • Obtained award for health care company in asset purchase agreement dispute.

Affiliations

  • Board of Directors, Lamp Community, a non-profit serving homeless and formerly homeless persons.
  • Member, Board of Directors, Asian Americans Advancing Justice
  • Former Member, Executive Committee, Litigation Section of the California State Bar
  • Former Member, Editorial Board, California Litigation
  • Member, California Minority Counsel Program
  • Member, American Bar Association
  • Member, Los Angeles County Bar Association

News & Events

Bird Marella Obtains Pro Bono Victory on Behalf of Former U.S. Marine

Bird Marella attorney David Hurwitz obtained a pro bono victory on behalf of a former U.S. Marine who served in a combat deployment in Iraq. The ravages of war left him suffering with Post Traumatic Stress Disorder.  The Marine Corps discharged the client with a less than honorable discharge status, ...

Bird Marella Obtains Denial of Class Certification for Xerox

After briefing and oral argument in the defense of Xerox State and Local Solutions, Inc., Bird Marella attorneys Thomas V. Reichert, David I. Hurwitz, and Ekwan E. Rhow successfully secured an order from the Federal District Court in Los Angeles, denying the plaintiffs’ motion for class certification.

Big win for client Samsung

Bird Marella attorneys Ekwan E. Rhow and David I. Hurwitz  win motion to reconsider for client Samsung Telecommunciations America LLC halting a putative class action over allegedly defective Galaxy S II phones.  The judge referred the matter to arbitration reversing an earlier decision in January 2013.