Partner
David Friedman
- UC Berkeley, J.D. (2000)
- UC Berkeley, B.A. (1997)
Dave Friedman is an accomplished business litigator and trial attorney who represents companies, funds, founders, investors, high-net-worth individuals and directors and officers in high-stakes litigation. Based in San Francisco, he handles a wide variety of complex disputes in courts and tribunals across the country, including the Delaware Court of Chancery.
Dave has extensive experience in corporate governance and other securities disputes, representing both plaintiffs and defendants in post-acquisition disputes, breach of fiduciary duty litigation, corporate control fights, and founder, partnership, and fund disputes. Dave also regularly represents clients in trade secret litigation, unfair competition cases, professional liability litigation, executive employment disputes, policyholder disputes, and large breach of contract cases.
In addition to his litigation practice, Dave has significant experience leading large internal investigations on behalf of companies, special litigation and investigation committees and audit committees.
Prior to joining Stris & Maher, Dave was a named partner of a San Francisco litigation boutique, Ogloza Fortney + Friedman LLP, and was counsel at the San Francisco office of Latham & Watkins LLP.
Dave received his Bachelor of Arts degree in Economics and Political Science from the University of California, Berkeley and his Juris Doctorate from the University of California, Berkeley School of Law.
Dave handles a wide variety of complex business cases.
POST-ACQUISITION, SECURITIES AND PARTNERSHIP DISPUTES
ProteinSimple and Bio-Techne Corp v. NCSR (Delaware Court of Chancery)
Represented the shareholder representative in a post-acquisition dispute involving a $100+ million biotech merger. Plaintiffs, the acquiring companies, claimed that the target made several false representations in the merger agreement concerning the reliability and efficacy of its key product, an innovative lab instrument used by researchers to isolate single cells. The shareholder representative alleged that the acquiring companies breached its commitments in the merger agreement to market and sell the product so that the significant earn-out could be achieved. After extensive discovery and achieving several significant discovery rulings, the parties reached a settlement highly beneficial to the client.
International Environmental Standards, et al. v. Scherer et al. (Delaware Court of Chancery)
Currently representing certain founders and shareholders of a start-up company that made analyzers and leak detection systems for the oil and gas industry in a post-acquisition dispute.
Former Directors and Officers of BioTrace Medical
Currently defending the former CEO and former directors of a defunct medical device company against securities fraud claims made by several preferred investors. Also successfully represented his clients in an investigation by California’s Department of Financial Protection and Innovation. The investigation was dropped without any further action being taken by the government.
LBF Travel, Inc. v. DeRosa (S.D. Cal.)
Represented the founder of a travel technology company in litigation against the company and the co-founder and majority shareholder alleging breaches of fiduciary duty, breach of contract, employment claims and other business torts. Also defended the client against claims of trade secret misappropriation, with the court ultimately ruling that the company could not recover damages from his client. The case settled on the eve of trial.
Certain Shareholders v. Inphenix (California Superior Courts)
Represented the company and its CEO in multiple cases alleging fraud, breach of fiduciary duty, and breach of contract brought by minority shareholders of a privately held laser and light source manufacturer. The cases were settled on favorable terms for the clients, one of which was resolved after a bench trial in which the Court expressed significant skepticism about plaintiff’s claims.
Blossom Inc., et al. v. Farhangi (Delaware Court of Chancery)
Represented plaintiffs, a start-up company and its founder in a declaratory relief action against a co-founder. The case resulted in the company moving on from its co-founder, extinguishing the claims raised against his clients, and the successful transfer the company’s assets to a new company to start fresh.
Crosscode, Inc. (now Codelogic) v. Sharma (N.D. Cal, D. Minn.)
Represented a startup SAAS company after it terminated its founder and CEO. Led an internal investigation into the former CEO’s misconduct and securities fraud. Secured a preliminary injunction against the former CEO from enforcing a purported agreement regarding the Company’s intellectual property. Also represented his client navigate bankruptcy to shed the liabilities created by the former CEO so that the company could emerge with a clean slate. Obtained a rare vexatious litigant order precluding the former CEO from filing new lawsuits against the company and its executives.
Mayacamas Winery (Delaware Court of Chancery and California Superior Court).
Defended the 50% owner of a storied California winery, Mayacamas, against claims for breach of fiduciary duty made by the co-owner. The matter resolved with his client successfully selling his interest in the winery at a favorable price.
Re: CG Blockchain
Represented an employee in an SEC investigation related to the cryptocurrency company, CG Blockchain, the subject of significant press due in part to the fact that the Company’s founder concealed his true identity and his prior conviction for engaging in one of Canada’s largest financial scams.
Storm Ventures, L.P. vs. Pipedrive, Inc. (California Superior Court)
Represented Pipedrive, a venture-backed SAAS company in litigation filed by one of its seed investors in which the Plaintiff claimed that it was entitled to more shares of the company on a breach of contract theory. The case was successfully resolved as part of Pipedrive’s acquisition by a large private equity fund.
Confidential Client in SEC Insider Trading Investigation
Represented a technology executive in an insider trading investigation. The matter concluded with the SEC taking no action against his client.
BREACH OF CONTRACT LITIGATION
Hannan v. Rubin (California Superior Court)
Defended the founder of a virtual reality startup company company in litigation filed by his former friend and co-founder. Plaintiff claimed that the client had promised him stock in the startup that, after a successful exit, was worth millions. The client disputed the existence of the purported agreement, and after multiple depositions, the matter settled on terms favorable to the client.
LBF Travel, Inc. v. DeRosa (S.D. Cal.)
Represented the founder of a travel technology company in litigation against the company and the co-founder and majority shareholder alleging breaches of fiduciary duty, breach of contract, employment claims and other business torts. Also defended the client against claims of trade secret misappropriation, with the court ultimately ruling that the company could not recover damages from his client. The case settled on the eve of trial.
Storm Ventures, L.P. vs. Pipedrive, Inc. (California Superior Court)
Represented Pipedrive, a venture-backed SAAS company in litigation filed by one of its seed-investors in which the Plaintiff claimed that it was entitled to more shares of the company based on the terms of the investment agreement. The case was successfully resolved as part of Pipedrive’s acquisition by a large private equity fund.
World Ag Associates, LLC v. Oligo, et al. (N.D. Cal.)
Successfully represented the supplier of natural feed additives against its distributor in this multi-national, breach of contract case pending in federal district court. The matter settled on favorable terms, allowing the client to continue its distribution business.
Confidential Technology Clients Pre-Litigation Disputes
Represented several well-known public and well-funded startup clients in disputes with their IT vendors regarding failed or mismanaged software implementations. Resolved the matters without resorting to litigation.
TRADE SECRET DISPUTES
LBF Travel, Inc. v. DeRosa (S.D. Cal.)
Represented the founder of a travel technology company in litigation against the company and the co-founder and majority shareholder alleging breaches of fiduciary duty, breach of contract, employment claims and other business torts. Also defended the client against claims of trade secret misappropriation, with the court ultimately ruling that the company could not recover damages from his client. The case settled on the eve of trial.
Crosscode, Inc. (now Codelogic) v. Sharma (N.D. Cal.)
Represented start-up company in a declaratory relief action against the company’s former CEO regarding a dispute as to the ownership of certain intellectual property. Obtained a preliminary injunction in which the court enjoined the former CEO from: (i) enforcing an agreement that the court believed he had fabricated and (ii) using the company’s trade secrets. The case resolved with the company able to retain complete control over its intellectual property.
Confidential Wine Distributor Company
Represented a wine distributor against a large wine importer in a trade secret theft and breach of contract case. Resolved the matter without resorting to litigation.
UNFAIR COMPETITION AND MISCELLANEOUS BUSINESS TORTS
Grasshopper House v. Clean & Sober Media, et al. (California Superior Court)
Successfully defended high-end drug rehabilitation center, media company, and the companies’ CEO against false advertising claims, unfair business practice claims, and defamation-related claims made by a competitor rehabilitation center that claimed more than sixty-million dollars in damages. After several years of litigation, the state court granted summary judgment on all claims and entered judgment in the clients’ favor.
Owner of Hospital Management Company and Outside General Counsel (C.D. Cal.).
Successfully defended hospital’s outside general counsel and owner of a hospital management company in a qui tam action alleging millions of dollars. After significant litigation, convinced the plaintiff to drop the client as a defendant without making any contribution towards a settlement.
POLICYHOLDER REPRESENTATION
Certain Hospital Management Companies (California Superior Court)
Represented multiple healthcare management companies and their owner and employed lawyer in breach of an insurance contract and bad faith actions stemming from the carriers’ refusal to defend and indemnify their insureds. Defeated multiple summary judgment motions and recovered several millions of dollars in insurance proceeds.
- Former Executive Committee Member of the Securities Litigation Section, Bar Association of San Francisco
- Peer rated “Preeminent” by Martindale-Hubbell.
260 California Street, 7th Floor
San Francisco, CA 94111
Overview
Dave Friedman is an accomplished business litigator and trial attorney who represents companies, funds, founders, investors, high-net-worth individuals and directors and officers in high-stakes litigation. Based in San Francisco, he handles a wide variety of complex disputes in courts and tribunals across the country, including the Delaware Court of Chancery.
Dave has extensive experience in corporate governance and other securities disputes, representing both plaintiffs and defendants in post-acquisition disputes, breach of fiduciary duty litigation, corporate control fights, and founder, partnership, and fund disputes. Dave also regularly represents clients in trade secret litigation, unfair competition cases, professional liability litigation, executive employment disputes, policyholder disputes, and large breach of contract cases.
In addition to his litigation practice, Dave has significant experience leading large internal investigations on behalf of companies, special litigation and investigation committees and audit committees.
Prior to joining Stris & Maher, Dave was a named partner of a San Francisco litigation boutique, Ogloza Fortney + Friedman LLP, and was counsel at the San Francisco office of Latham & Watkins LLP.
Dave received his Bachelor of Arts degree in Economics and Political Science from the University of California, Berkeley and his Juris Doctorate from the University of California, Berkeley School of Law.
Representative Matters
Dave handles a wide variety of complex business cases.
POST-ACQUISITION, SECURITIES AND PARTNERSHIP DISPUTES
ProteinSimple and Bio-Techne Corp v. NCSR (Delaware Court of Chancery)
Represented the shareholder representative in a post-acquisition dispute involving a $100+ million biotech merger. Plaintiffs, the acquiring companies, claimed that the target made several false representations in the merger agreement concerning the reliability and efficacy of its key product, an innovative lab instrument used by researchers to isolate single cells. The shareholder representative alleged that the acquiring companies breached its commitments in the merger agreement to market and sell the product so that the significant earn-out could be achieved. After extensive discovery and achieving several significant discovery rulings, the parties reached a settlement highly beneficial to the client.
International Environmental Standards, et al. v. Scherer et al. (Delaware Court of Chancery)
Currently representing certain founders and shareholders of a start-up company that made analyzers and leak detection systems for the oil and gas industry in a post-acquisition dispute.
Former Directors and Officers of BioTrace Medical
Currently defending the former CEO and former directors of a defunct medical device company against securities fraud claims made by several preferred investors. Also successfully represented his clients in an investigation by California’s Department of Financial Protection and Innovation. The investigation was dropped without any further action being taken by the government.
LBF Travel, Inc. v. DeRosa (S.D. Cal.)
Represented the founder of a travel technology company in litigation against the company and the co-founder and majority shareholder alleging breaches of fiduciary duty, breach of contract, employment claims and other business torts. Also defended the client against claims of trade secret misappropriation, with the court ultimately ruling that the company could not recover damages from his client. The case settled on the eve of trial.
Certain Shareholders v. Inphenix (California Superior Courts)
Represented the company and its CEO in multiple cases alleging fraud, breach of fiduciary duty, and breach of contract brought by minority shareholders of a privately held laser and light source manufacturer. The cases were settled on favorable terms for the clients, one of which was resolved after a bench trial in which the Court expressed significant skepticism about plaintiff’s claims.
Blossom Inc., et al. v. Farhangi (Delaware Court of Chancery)
Represented plaintiffs, a start-up company and its founder in a declaratory relief action against a co-founder. The case resulted in the company moving on from its co-founder, extinguishing the claims raised against his clients, and the successful transfer the company’s assets to a new company to start fresh.
Crosscode, Inc. (now Codelogic) v. Sharma (N.D. Cal, D. Minn.)
Represented a startup SAAS company after it terminated its founder and CEO. Led an internal investigation into the former CEO’s misconduct and securities fraud. Secured a preliminary injunction against the former CEO from enforcing a purported agreement regarding the Company’s intellectual property. Also represented his client navigate bankruptcy to shed the liabilities created by the former CEO so that the company could emerge with a clean slate. Obtained a rare vexatious litigant order precluding the former CEO from filing new lawsuits against the company and its executives.
Mayacamas Winery (Delaware Court of Chancery and California Superior Court).
Defended the 50% owner of a storied California winery, Mayacamas, against claims for breach of fiduciary duty made by the co-owner. The matter resolved with his client successfully selling his interest in the winery at a favorable price.
Re: CG Blockchain
Represented an employee in an SEC investigation related to the cryptocurrency company, CG Blockchain, the subject of significant press due in part to the fact that the Company’s founder concealed his true identity and his prior conviction for engaging in one of Canada’s largest financial scams.
Storm Ventures, L.P. vs. Pipedrive, Inc. (California Superior Court)
Represented Pipedrive, a venture-backed SAAS company in litigation filed by one of its seed investors in which the Plaintiff claimed that it was entitled to more shares of the company on a breach of contract theory. The case was successfully resolved as part of Pipedrive’s acquisition by a large private equity fund.
Confidential Client in SEC Insider Trading Investigation
Represented a technology executive in an insider trading investigation. The matter concluded with the SEC taking no action against his client.
BREACH OF CONTRACT LITIGATION
Hannan v. Rubin (California Superior Court)
Defended the founder of a virtual reality startup company company in litigation filed by his former friend and co-founder. Plaintiff claimed that the client had promised him stock in the startup that, after a successful exit, was worth millions. The client disputed the existence of the purported agreement, and after multiple depositions, the matter settled on terms favorable to the client.
LBF Travel, Inc. v. DeRosa (S.D. Cal.)
Represented the founder of a travel technology company in litigation against the company and the co-founder and majority shareholder alleging breaches of fiduciary duty, breach of contract, employment claims and other business torts. Also defended the client against claims of trade secret misappropriation, with the court ultimately ruling that the company could not recover damages from his client. The case settled on the eve of trial.
Storm Ventures, L.P. vs. Pipedrive, Inc. (California Superior Court)
Represented Pipedrive, a venture-backed SAAS company in litigation filed by one of its seed-investors in which the Plaintiff claimed that it was entitled to more shares of the company based on the terms of the investment agreement. The case was successfully resolved as part of Pipedrive’s acquisition by a large private equity fund.
World Ag Associates, LLC v. Oligo, et al. (N.D. Cal.)
Successfully represented the supplier of natural feed additives against its distributor in this multi-national, breach of contract case pending in federal district court. The matter settled on favorable terms, allowing the client to continue its distribution business.
Confidential Technology Clients Pre-Litigation Disputes
Represented several well-known public and well-funded startup clients in disputes with their IT vendors regarding failed or mismanaged software implementations. Resolved the matters without resorting to litigation.
TRADE SECRET DISPUTES
LBF Travel, Inc. v. DeRosa (S.D. Cal.)
Represented the founder of a travel technology company in litigation against the company and the co-founder and majority shareholder alleging breaches of fiduciary duty, breach of contract, employment claims and other business torts. Also defended the client against claims of trade secret misappropriation, with the court ultimately ruling that the company could not recover damages from his client. The case settled on the eve of trial.
Crosscode, Inc. (now Codelogic) v. Sharma (N.D. Cal.)
Represented start-up company in a declaratory relief action against the company’s former CEO regarding a dispute as to the ownership of certain intellectual property. Obtained a preliminary injunction in which the court enjoined the former CEO from: (i) enforcing an agreement that the court believed he had fabricated and (ii) using the company’s trade secrets. The case resolved with the company able to retain complete control over its intellectual property.
Confidential Wine Distributor Company
Represented a wine distributor against a large wine importer in a trade secret theft and breach of contract case. Resolved the matter without resorting to litigation.
UNFAIR COMPETITION AND MISCELLANEOUS BUSINESS TORTS
Grasshopper House v. Clean & Sober Media, et al. (California Superior Court)
Successfully defended high-end drug rehabilitation center, media company, and the companies’ CEO against false advertising claims, unfair business practice claims, and defamation-related claims made by a competitor rehabilitation center that claimed more than sixty-million dollars in damages. After several years of litigation, the state court granted summary judgment on all claims and entered judgment in the clients’ favor.
Owner of Hospital Management Company and Outside General Counsel (C.D. Cal.).
Successfully defended hospital’s outside general counsel and owner of a hospital management company in a qui tam action alleging millions of dollars. After significant litigation, convinced the plaintiff to drop the client as a defendant without making any contribution towards a settlement.
POLICYHOLDER REPRESENTATION
Certain Hospital Management Companies (California Superior Court)
Represented multiple healthcare management companies and their owner and employed lawyer in breach of an insurance contract and bad faith actions stemming from the carriers’ refusal to defend and indemnify their insureds. Defeated multiple summary judgment motions and recovered several millions of dollars in insurance proceeds.
Associations
- Former Executive Committee Member of the Securities Litigation Section, Bar Association of San Francisco
Awards
- Peer rated “Preeminent” by Martindale-Hubbell.
