David C. Powell Partner

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David focuses his practice on complex commercial and financial services litigation in state and federal courts. He is the firm’s Office Managing Partner in San Francisco.

David has significant experience assisting clients across a broad range of service areas including data privacy and security, securities, wealth management, trusts, consumer finance, insurance, mortgages, banking operations, real estate, creditor’s rights, lender liability, negotiable instruments, secured transactions and all manner of business disputes. David has extensive experience in class action litigation and unfair competition claims.

David is an active participant in community affairs; he lectures often and participates in various charitable and civic organizations.


  • Representation of an investment bank in allegations of failure to perform
    adequate due diligence of acquisition target.
  • Representation of a major national bank in several class and individual
    actions concerning the sale of auction rate securities.
  • Obtained judgment in litigation arising from its refusal to pay $25 million
    letter of credit.
  • Procured summary judgment in a landmark ruling establishing the limits of a
    bank’s liability to others for activities undertaken to protect the interests of
    the bank.
  • Represented bank in a class action concerning alleged failure to credit
    interest on loss payee funds received from insurers.
  • Represented client in class action alleging failure to give proper notice
    prior to foreclosing on personal property collateral.
  • Obtained judgment for major securities brokerage in dispute with internet
    entrepreneur over his claim for losses in excess of $100 million resulting from
    alleged breach of fiduciary duty.
  • Represented bond trustee in action concerning alleged failure to properly
    invest funds.
  • Represented client in significant ERISA plan class action involving allegedly
    improper insurance products.
  • Represented trustee of ERISA plan in class action involving alleged failure
    to divest plan of company securities.
  • Obtained dismissal of litigation against client arising from its withdrawal
    from a $300 million bond financing issued by a political subdivision of the
    People’s Republic of China through European and Middle Eastern financing
  • Procured dismissal of putative class action against a lender for its alleged
    unfair practices and inadequate investigation of delinquent customers before and
    after reporting them to credit reporting agencies.
  • Represented investment manager in $150 million claim of purchasing unsuitable
  • Obtained dismissal for trustee against claims of undue influence and breach
    of fiduciary duty.
  • Represented auto finance company in class action alleging fraudulent
    non-disclosure of emissions data.
  • Represented lender in class action alleging statutory violation of fees and
    costs associated with loans.
  • Represented technology company in significant contract dispute with lender.
  • Represented technology company in trade secret action.
  • Represented client in antitrust class action involving fees charged to
  • Represented client in action involving alleged breach of fiduciary duty and
    mismanagement of real property assets.
  • Represented development company partnership dispute concerning commercial
    real property development.