Current Employment Position(s)

Associate

Lawyer Overview

As a member of Jones Day's trial practice, David Kiernan works on a broad range of complex commercial and multijurisdictional litigation involving contractual disputes, business torts, securities, accountants' liability, and intellectual property rights. Most recently, he represented a public utility holding company in a multibillion dollar fraudulent conveyance action involving the energy industry. David also focuses on environmental litigation matters and compliance counseling, including representing clients in matters involving CERCLA, RCRA, the California Health and Safety Code, and other statutes and common law theories.

David also has substantial experience in the preservation, collection, and production of electronically stored information, including experience with advanced software technologies, as well as counseling lawyers and clients in the details of electronic discovery. He is a member of the Firm's e-Discovery Committee, which focuses on issues related to electronic discovery in complex litigation, and has lectured on electronic discovery at continuing legal education programs.

David authored an article on the First Amendment limitation on tort liability for manufacturers of video games, published in the Hastings Law Journal (2000), and coauthored a white paper requested by the California governor's office on "smart growth" programs adopted by states to curb urban sprawl and conserve state natural resources, published by the Public Law Research Institute (2001) and reprinted in West-Northwest Environmental Law & Policy (2003). He is a member of the American Bar Association and Atlanta Bar Association.

Areas of Practice

• Trial Practice
• e-Discovery

Representative Cases

• Atlanta Bicycle Campaign v. City of Atlanta, Georgia
• CipherTrust, Inc. v. CyberTrust, Inc., E.D. Va. 2005
• In re Mirant Corporation Securities Litigation, No. 1:02-CV-1467 (N.D. Ga.)
• JOQ Preferred Equity Fund, Ltd., JOQ-PEF, L.L.C., John M. O'Quinn v. David M. Mincberg, JOQ/FPC National Alliance 2000, Ltd, et al., Civil Action No. 2004CV87476, Superior Court of Fulton County, Georgia
• KeyBank National Association v. Zohouri Development Georgia, LLC, Farbod S. Zohouri a/k/a Fred S. Zohouri
• Mariner Health v. PricewaterhouseCoopers, Case No. 02VS037631-F
• MC Asset Recovery, LLC v. The Southern Company, No. 1:06-CV-0417 (N.D. Ga.)
• Play n Store, Inc. v. Federated Dept. Stores, Inc. & Rich's Dept. Stores, Inc., Case No. 1:04CV2498, U.S. District Court for the Northern District of Ohio
• Price Hoffman Stone & Associates v. Per Sé Technologies, Tampa, Florida (2001)
• Southern Wabash Communications et al. v. ABC Radio, Inc., d/b/a ESPN Radio, Cumulus Broadcasting LLC, et al., Case No.: 3:05-0339
• Wallace Logging Inc. v. Tigercat Indus. Corp., Cummins, Inc., Civ. Action 1:04-CV-0763, U.S. District Court for the Northern District of Georgia
• Provide electronic discovery consulting services
• Provide electronic discovery consulting services
• Provide electronic discovery consulting services

West Practice Categories

Bankruptcy Litigation, Class Actions, Complex Litigation, Federal Appellate Practice, Federal Claims Court, Federal Trial Practice, International Trade Litigation, Litigation & Appeals, Military & Veterans Appeals, Multidistrict Litigation, Patent Litigation, State Appellate Practice, State Trial Practice, Tax Litigation, US Court of Appeals for the Federal Circuit, US Supreme Court

Bar Admissions

• California
• Georgia

Education

• U of California - Hastings

Published Works

• 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