David Lender

Partner

Weil, Gotshal & Manges LLP

Current

Current

AllVoice Computing PLC v. Nuance Communications, Inc.Lead counsel representing Nuance in patent infringement litigation involving error correction in voice recognition software. Case settled in 2008. Technology Properties Limited, Inc. v. Fujitsu Limited, et al.Lead counsel representing Matsushita and JVC in patent infringement litigation involving clocking of microprocessors. Case settled in 2008. Goldsmith v. Sotheby's, Inc.Lead counsel representing Sotheby's in conversion claim involving sale of table at auction. Obtained summary judgment dismissing claim. LoPresti v. Citigroup, Inc., et al.Lead counsel representing various Citigroup entities in $100 million lawsuit arising out of Lutheran Medical Center's decision to implement a new retirement program for its employees. Obtained dismissal of all claims, affirmed by Second Circuit (3/06). Esso Virgin Islands, Inc. v. Government of the United States Virgin Islands, et al.Lead counsel representing Esso Virgin Islands in successful challenge of government regulation seeking to cap gross margin on sale of motor fuel as unconstitutional taking under the Fifth Amendment. United States of America, et al. v. Hoffman-LaRoche, Inc., et al.Lead counsel representing Applera Corporation in qui tam lawsuit alleging overcharges in sales of Taq enzyme to government. Obtained dismissal of all claims (9/04). Modi Enterprises v. ESPNCo-lead counsel in successful defense of a $231 million lawsuit brought against various ESPN entities arising out of the launch of the ESPN channel in India. After a two-week trial in the Commercial Division of the Supreme Court of New York, the jury rendered a complete defense verdict for ESPN in the case in which the Plaintiffs asserted claims for breach of contract, misappropriation of trade secrets, unfair competition and breach of fiduciary duty. ESPN also won $1.8 million on its counterclaim, based on the Plaintiffs’ failure to make payments during the last four months of the parties’ contract. This is believed to be the largest defense verdict in 2004. Saudi Basic Industries Corporation v. Mobil Yanbu Petrochemical Co. and Exxon Chemical Arabia, Inc.Co-lead counsel representing ExxonMobil against Saudi Basic Industries Corporation in licensing dispute involving claims for breach of contract and usurpation under Saudi Arabia law. Obtained jury verdict for ExxonMobil for $416.88 million, one of the largest jury verdicts in the United States in 2003. Cultural Assets LLC and Al Luckett v. Sotheby’s, Inc.Co-lead counsel representing Sotheby’s in consignor dispute in New Mexico involving claims for breach of contract, breach of fiduciary duty and negligence. Obtained defense verdict for Sotheby’s.  Dynacore Holding Corp. v. U.S. Phillips Corp, et al.Lead counsel representing Matsushita and JVC in patent infringement litigation involving IEEE 1394 technology. Obtained summary judgment of non-infringement, affirmed by Federal Circuit. United Technologies Corporation v. Chromalloy Gas Turbine CorporationSuccessfully represented Chromalloy in trial of breach of contract dispute (reversed on appeal). Mr. Lender examined witnesses at trial, and was involved in all aspects of preparing the case for trial. Exxon Research and Engineering Company v. United StatesRepresented Exxon in patent infringement suit involving gas-to-liquids technology. Mr. Lender was involved in all aspects of the pre-trial work, including depositions, litigation strategy and motion practice. The case was settled on very favorable terms to Exxon. Chromalloy Gas Turbine Corporation v. United Technologies CorporationSuccessfully represented Chromalloy in four month antitrust trial, obtaining jury verdict of attempted monopolization. Mr. Lender took dozens of trial depositions which were played to the jury during the trial, and argued virtually all of the pre-trial and trial-related motions.

Duke University

J.D.

1993

with high honors

Duke University

B.A.

1990

cum laude

Publication

Publication

Publication

Publication

Publication

Publication

Tips for Avoiding E-Discovery Nightmares (New York, June 24, 2008) BNA E-Discovery Breakfast Briefing

Money Saving Solutions for E-Discovery (New York, May 06, 2008) E-Discovery Breakfast Briefing, Sandpiper Partners

Electronic Discovery and Digital Evidence 2008 (Houston, Texas, April 23, 2008)

Auditing Ethical Gray Areas in Life Sciences E-Discovery (New York, April 1, 2008) The 4th Annual In-House Counsel Guide to Document Management, E-Discovery and Litigation  Readiness for Life Sciences, ACI

Planning and Conducting a Successful Meet and Confer Session (Toronto, March 4, 2008) E-Document Management & Discovery, Canadian Institute

Applied Discovery 2008 Webinar Series: E-Discovery Case Law Review (New York, February 5, 2008)

The Revised Federal Rules - A Year Later (Washington, DC, November 15, 2007) The 4th Annual Advanced E-Discovery Institute, Georgetown Law School

Practical Guide to New E-Discovery Amendments for the Antitrust Practitioner (June 27, 2007) ABA Antitrust Teleseminar Series

The Duty to Preserve Electronic Evidence (Washington, DC, April 19, 2007) Electronic Discovery Seminar, DRI

Practice Under the New E-Discovery Amendments: the Battlegrounds of Conflict; the Promise of Resolution (Washington, DC, April 12, 2007) BNA

Critical Issues in Discovery of Paper Documents and ESI (New York, December 15, 2006) 11th Annual Drug and Medical Device Litigation, ACI

New Federal E-Discovery Rules (Albany, NY, December 08, 2006) New York State Bar Association

New Federal E-Discovery Rules (New York, December 06, 2006) New York State Bar Association

Triage Time: Last Minute Preparation for the December 1st Impact of the E-Discovery Amendments to the FRCP (New York, November 29, 2006) 4th Annual Advanced Forum on Document Management E-Discovery, ACI

Ethics & E-Discovery (New York, October 11, 2006) West Legalworks

E-discovery: How To Practice Under the New Amendments (Washington DC, October 05, 2006) BNA

Ethics & E-Discovery (New York, July 12, 2006)

Advances in Electronic Discovery (Albuquerque, NM, June 20, 2006) 8th Annual Bench & Bar, Federal Circuit Bar Association

E-Discovery: Are You Prepared? (New York, June 13, 2006) 18th Annual General Counsel Conference

Engaging the Enemy Under the New Rules 16(b) and 26(f), DRI Electronic Discovery Seminar (Philadelphia, PA, May 19, 2006)

E-discovery A to Z Workshop, LegalWorks (New York, May 09, 2006)

Electronic Evidence: Be Prepared for Changes in the Matrix, New York State Bar Association (New York, April 16, 2006)

E-Discovery Preparedness for Pharma, American Conference Institute (New York, March 28, 2006)

The New Standards: Legal Obligations and Proposed Federal E-Discovery Rules (New York, July 12, 2005) CGOC Executive Breakfast

E-discovery: The Basics and Beyond, New York State Judicial Institute (New York, April 06, 2005)

Hypothetical Case Studies: What Would You Do? (New York, February 01, 2005)

8th Annual Electronic Discovery and Records Retention Conference, Glasser LegalWorks (New York, November 08, 2004)

Cost-shifting Issues, Moderator, Mealey’s E-Discovery Conference (New York, June 17, 2004)

7th Annual Electronic Discovery and Records Retention Conference, Glasser LegalWorks (New York, October 09, 2003)

Dispositive Motions (To Dismiss and for Summary Judgment), Weil, Gotshal & Manges Litigation Evening Seminar Series (New York, November 05, 2002)

What Methods are Recommended for Data Preservation Litigation Tactics & Strategies (New York, October 25, 2002) 6th Annual Electronic Discovery and Records Management Seminar, sponsored by Glasser LegalWorks

Electronic Discovery: Best Practices and Evolving Law (New York, May 19, 2002) 2002 BNA Litigation Forum

Preserving & Analyzing Data/Assessing the Costs & Determining Who Pays. (New York, December 06, 2001) 5th Annual Electronic Discovery and Records Management Seminar, Glasser LegalWorks

Motions for Summary Judgment Under Rule 56, PLI (New York, May 16, 2001)

E-Business 2000 Seminar, Weil, Gotshal & Manges (New York, June 01, 2000)