David Banie represents technology companies and their officers and directors in securities class action lawsuits and related shareholder derivative lawsuits, as well as in government investigations.

Mr. Banie also defends clients in cases involving patent infringement, copyright infringement, misappropriation of trade secrets, breach of contract, breach of fiduciary duty, Corporations Code, and Commercial Code violations.

His litigation experience includes all phases of discovery, pretrial, and trial work. He has experience managing cases and counseling clients in all aspects of litigation, including the avoidance of litigation.

In recognition of his many contributions in the pro bono realm, the Legal Aid Society of San Mateo recently awarded Mr. Banie a Certificate of Recognition for "outstanding pro bono services to low-income residents of San Mateo in 2005." He is also the recipient of DLA Piper's 2006 Pro Bono Senior Associate Award.

Recent Matters

• Obtained dismissal with prejudice on behalf of a food manufacturer and its officers and directors in connection with a lawsuit alleging securities fraud
• Obtained dismissal with prejudice on behalf of officers and directors in connection with a derivative action alleging breach of fiduciary duties; the dismissal occurred upon the court’s consideration of our first demurrer
• Obtained dismissal with prejudice behalf of officers and directors in connection with a derivative action alleging breach of fiduciary duties, after the plaintiffs voluntarily dismissed the action soon after we filed a demurrer
• Negotiated a favorable settlement for a software manufacturer involved in a copyright infringement action
• Negotiated a favorable settlement for a medical device manufacturer in a patent infringement action

Admissions

• California

Prior Experience

• Summer Associate, Gray Cary Ware & Freidenrich LLP (2000)
• Summer Extern, Santa Clara County Superior Court (1999)
• Law Clerk, Bardehle, Pagenburg & Dost, Munich, Germany (1998)
• Development Editor, Vol. 16 Santa Clara University Computer & High Tech Journal
• Research Assistant, Professor Donald S. Chisum (Santa Clara University)