Kiernan, David C.

Current Employment Position(s)

Associate

Lawyer Overview

David Kiernan represents domestic and foreign entities in a broad range of litigation matters involving investments, contracts, business torts, intellectual property rights, and partnership, private equity, and other commercial disputes. He has represented a number of clients in adversary proceedings in bankruptcy. David also represents entities in environmental compliance and litigation matters.

David's experience includes representing a foreign equity fund in a breach of contract and defamation suit, a public utility holding company in a multibillion dollar action brought by creditors of the company's former subsidiary, several foreign entities in connection with a potential action arising out of bankruptcy proceedings, a multinational company in several antitrust class actions, a bank in a CERCLA cost recovery action arising out of real estate transactions, and a winery in securing permits to expand its facilities.

David has substantial experience in the preservation, collection, and production of electronically stored information, including experience in large, document-intensive cases. David frequently counsels lawyers and clients on all aspects of electronic discovery and is a member of the Firm's e-Discovery Committee, which focuses on issues related to electronic discovery in complex litigation. He is a frequent lecturer on electronic discovery issues at continuing legal education programs.

Areas of Practice

• Trial Practice
• e-Discovery
• Bankruptcy & Insolvency Litigation
• Commercial Disputes

Representative Cases

• Atlanta Bicycle Campaign attempts to prevent destruction and removal of designated bicycle routes
• CipherTrust files trademark and unfair competition claim against CyberTrust
• Cummins prevails in defective product and breach of warranty action
• Cumulus Media defends against dispute involving broadcast rights and allegations of trademark and antitrust violations
• Federated Department Stores defends against breach of contract and trade secret misappropriation charges , (2009)
• JOQ/FPC National Alliance 2000 defends against litigation arising out of Texas and Georgia real estate investments
• KeyBank, as lender, sells five apartment communities in foreclosure , (2009)
• Mariner Health Care appeals dismissal of $400 million accounting fraud lawsuit in Georgia state court
• RR Donnelley receives electronic discovery consulting services , (2009)
• The Southern Company defends securities fraud action , (2009)

West Practice Categories

Bankruptcy Litigation, Business & Commercial Law, Class Actions, Collections & Repossessions, Commercial Leasing, Complex Litigation, Consumer Protection, Contracts, Debtor/Creditor, Federal Appellate Practice, Federal Claims Court, Federal Trial Practice, Franchising, International Trade Litigation, International Transactions, Joint Ventures, Lemon Law, Litigation & Appeals, Mergers, Acquisitions & Divestitures, Military & Veterans Appeals, Multidistrict Litigation, Patent Litigation, Secured Transactions, State Appellate Practice, State Trial Practice, Tax Litigation, Transactions, Uniform Commercial Code, US Court of Appeals for the Federal Circuit, US Supreme Court, Warranties

Bar Admissions

• California
• Georgia

Education

• U of California - Hastings
• Yale University

Published Works

• Authenticating Web Pages as Evidence, Law.com, 2010
• ‘Voodoo Information’: Authenticating Web Pages In Federal Court, Internet Law & Strategy, (Read the article), 2010
• Text Messaging: The Next Advertising Frontier Requires Counsel to Proceed With Caution, The Corporate Counselor, 2009
• Chapter 8: Privilege, Understanding the New E-Discovery Rules, Defense Research Institute, 2006

Address

555 California Street
26th Floor
San Francisco, CA 94104

Phones

1.415.875.5745 (Business Phone)

Faxes

1.415.875.5700 (Business Fax)

Emails

Contact Us (Business Email)

Websites

http://www.jonesday.com