David W. Kesselman - Manhattan Beach, CA

Overview

Awards and Honors

Super Lawyers® Selectees

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David W. Kesselman included in a Super Lawyers® list

Education

• Legal Education

  • University of California, Davis School of Law, Davis, California, 1999
    J.D.
    Honors: U.C. Davis Lasky Antitrust Award
    Law Review: U.C. Davis Law Review, Member

• Non Legal Education

  • The London School of Economics, 1995
    M.A.
  • University of California, Irvine, 1994
    B.A.

Current Employment Position(s)

• Founding Partner

Past Positions

• Blecher & Collins, P.C., in Los Angeles, Partner
• Jones Day

Classes and Seminars

• Adjunct Professor, Antitrust Law, Loyola Law School (2009 - 2013, 2016 - present)
  
• Adjunct Professor, Global Antitrust Law, Loyola Law School (2012)
  
• Lecturer, Business Law, California State University, Northridge (2010)
  
• Panelist, Cartwright Act Reform, California Lawyer’s Association Golden State Antitrust and Unfair Competition Law Institute (October 23, 2025)
  
• Presenter, Introduction to Antitrust Law, Loyola Law School: Journalist Law School (August 2, 2025)
  
• Speaker, Epic Reverberations [update on Epic v. Apple litigation], Antitrust & Unfair Competition Law Section, California Lawyer’s Association Unfair Competition Institute (Jan. 18, 2024).
  
• Presenter, Introduction to Antitrust Law, Loyola Law School: Journalist Law School (August 3, 2023)
  
• Presenter, Introduction to Antitrust Law, Loyola Law School: Journalist Law School (August 3, 2024)
  
• Panelist, Chambers Webinar with Omni Bridgeway: How to Drive the Value of Antitrust Claims Through Litigation Finance (June 14, 2022)
  
• Welcome Remarks, Career Opportunities for Diverse Communities in Antitrust Law, Sponsored by California Lawyers Association, Los Angeles County Bar, and Loyola Law School (September 10, 2019)
  
• Moderator, Litigation Financing – Practical and Ethical Issues For Antitrust, Unfair Competition, Complex Litigation, Los Angeles County Bar Antitrust and Unfair Business Practices Section (September 28, 2016)
  
• Panelist, Woodman’s Food Co. v. Clorox, American Bar Association Teleseminar (Feb. 2, 2016)
  
• Speaker, Antitrust, Privacy and Unfair Competition Law 101, 88th Annual Meeting of the State Bar of California (Oct. 9, 2015)
  
• Speaker, Antitrust and Unfair Competition Law from A to Z, 87th Annual Meeting of the State Bar of California (Sept. 13, 2014)
  
• Panelist, The Contest Behind the Contest: Antitrust and Personal Rights of Sports, Los Angeles County Bar, Antitrust and Unfair Competition Section (May 23, 2014)
  
• Keynote Speaker, Loyola of Los Angeles Law Review Symposium on Antitrust Law, Loyola Law School (Spring 2012) Panelist, Advanced Principles: U
  
• California Golden State Antitrust and Unfair Competition Law Institute (October 21, 2010)

Representative Cases

• AIDS Healthcare Foundation v. Express Scripts, Inc., Case No. 4:24-cv-01043-MTS (E.D. Missouri) – Mr. Kesselman and KBS represent AIDS Healthcare Foundation (AHF) against pharmacy benefits manager (PBM), Express Scripts, Inc. (ESI) and specialty pharmacy Accredo Health Group, Inc. (Accredo). AHF alleges that ESI and Accredo have engaged in federal antitrust and state law violations, including monopolizing the specialty pharmacy market in Louisiana.
• Endanicha Bragg, et al. v. Pacific Maritime Association; International Longshore and Warehouse Union; International and Longshore Warehouse Union Local 13 (Case No. 20STCV42885) – Mr. Kesselman and KBS represent ILWU Local 13 against putative class action lawsuit alleging violations of California employment laws. The case is now in discovery.
• Hyhte Holdings, Inc. d/b/a Astura Medical v. Ulrich Medical USA (N.D. Tex.) – Mr. Kesselman and KBS represent medical device manufacturer alleging federal trade secret and state law violations against competitor.
• Leniconi, et al. v. Emily Cutrer [Interim President of Sonoma State University], the Board of Trustees for the California State University, and Mildred Garcia [Chancellor of the California State University], Case No. 25CV01328 (Sonoma Superior Court.)
  • Citation: Mr. Kesselman and KBS represent the Board of Trustees of the California State University and related defendants (collectively “CSU”) against a lawsuit challenging Sonoma State’s plan to eliminate NCAA Division II athletics and certain academic programs to address an ongoing budget crisis. After extensive briefing and oral argument, the Court agreed with our position and denied plaintiffs’ motion for a preliminary injunction and their request for a writ of mandamus.
• Developer v. Laborers International Union of North America Local 300 – Mr. Kesselman and KBS represented Laborers International Union of North America Local 300 and various other defendants in a lawsuit alleging federal antitrust claims. After extensive briefing of summary judgment and Daubert motions, the case settled on confidential terms.
• Harbor Performance Enhancement Center, LLC v. City of Los Angeles Harbor Department; City of Los Angeles; International Longshore and Warehouse Union; International and Longshore Warehouse Union Local 13; and Eugene D. Seroka; Case No. 2:20-cv-013251 (C.D. Cal.)
  • Citation: Mr. Kesselman and KBS represented ILWU Local 13 in lawsuit alleging federal antitrust and related claims. After extensive briefing and oral argument, the District Court agreed with our position and dismissed the case in its entirety against ILWU Local 13. After further briefing and oral argument, the Ninth Circuit Court of Appeals affirmed.
• Soleiman Professional Dental Corp. v. Health Care Entity – Mr. Kesselman and KBS represented periodontist group in lawsuit against health care entity asserting California state antitrust claims. The case settled on confidential terms.
• Curtin Maritime Corp. v. Sana Catalina Island Company; Avalon Freight Services, LLC; Case No. 2:16-cv-3290 (C.D. Cal.) – Mr. Kesselman and KBS represented Curtin Maritime Corp. in lawsuit asserting federal antitrust claim. The case settled on confidential terms.
• Renaissance Ventures, LLC d/b/a/ Prestige Entertainment; Broadway Hospitality Group, Inc.; Venue Kings Ticket Brokers, Inc.; RT&H, Inc. d/b/a 714 Tickets v. Los Angeles Dodgers LLC; Dodger Tickets LLC; Eventellect LLC; Case No. BC699721 (LA Superior Court)
  • Citation: Mr. Kesselman and KBS represented ticket brokers in lawsuit against the Los Angeles Dodgers asserting state antitrust and related claims. We successfully defeated a motion to preclude the filing of the antitrust claims. The case settled on confidential terms.
• Kofi Kessey, M.D., Ph.D.; Kofi Kessey, MD/PHD/ Inc. v. Los Robles Regional Medical Center d/b/a/ Los Robles Hospital and Medical Center; Case No. 56-2015-00469667-CU-MC-VTA (Ventura Superior Court) – Mr. Kesselman and KBS represented neurosurgeon and his professional corporation in health and safety whistleblower action against hospital. The case successfully settled on the eve of trial.
• Veronica Perez, et al. v. County of Marin, Case No. 18-cv-04938 (N.D. Cal.) – Mr. Kesselman and KBS represented social workers in Fair Labor Standards Act case against County of Marin. The case successfully resolved and settlement was approved by the Court.
• Security 20/20 Inc., et al. v. Eli Eichenblatt, et al. (Cal. Superior Court – Los Angeles) – Mr. Kesselman and KBS represented procurement company as defendant and counterclaimant in litigation against competitor. The case settled on confidential terms.
• Asvar Law APC v. Shandler, et al. (Cal. Superior Court – Los Angeles and Court of Appeal) – Mr. Kesselman and KBS represented a law firm against allegations of antitrust violations. After filing a writ on behalf of the law firm, the Court of Appeal ordered the antitrust claim dismissed.
• Epps v. Earth Fare, Inc. (C.D. Cal.) – Ms. Brantly and Mr. Kesselman defended Earth Fare, Inc. in a case brought under the Telephone Consumer Protection Act (“TCPA”). After briefing by KBS, the case was dismissed by the District Court without leave to amend, and the dismissal was affirmed by the Ninth Circuit.
• Folex Golf Industries, Inc. v. China Shipbuilding Industry Corporation, et al. (C.D. Cal. and 9th Cir.) – An international dispute involving business tort and unfair competition claims in which Mr. Kesselman and KBS represent defendant O-TA, a Taiwan-based manufacturer of golf equipment. After years of litigation, the case settled on confidential terms.
• DotconnectAfricaTrust v. ICANN and ZA Central Registry (C.D. Cal. and Cal. Superior Court – Los Angeles) – A matter involving the award of the generic top-level domain name, .Africa. Mr. Kesselman and KBS successfully represented ZA Central Registry in defense of various business tort claims filed by an African competitor that failed to prevail in the bidding process with ICANN.
• Power Analytics Corp. v. Operation Technology, Inc. d/b/a ETAP, et al. (D. Del. and C.D. Cal.) –Mr. Kesselman and KBS served as antitrust defense counsel for ETAP. After extensive briefing and oral argument, KBS successfully moved to dismiss the antitrust claims on the pleadings. On appeal, the Federal Circuit later affirmed the decision in favor of ETAP.
• American Institute of Intradermal Cosmetics v. Society of Permanent Cosmetic Procedures (C.D. Cal.) – Mr. Kesselman and KBS represented a manufacturer and distributor of permanent cosmetic products in an alleged group boycott action against direct competitors and their trade association.
• Flagship Theatres, Inc. v. Century Theaters, Inc. and Cinemark USA, Inc. (Cal. Superior Court – Los Angeles and Court of Appeal) – Mr. Kesselman defended a national motion picture theater chain against alleged antitrust claims brought by a competitor motion picture theater.
• Fisherman’s Wharf Bay Cruise Co. v. Superior Court (Cal. Superior Court – San Francisco and Court of Appeal) – Mr. Kesselman was part of the team that defended a transportation company in an alleged below cost pricing and price discrimination lawsuit brought by a smaller competitor.
• Korea Supply Co. v. Lockheed Martin Corp. (Cal. Supreme Court) – Mr. Kesselman represented a U.S.-based company against a large multinational conglomerate in a business interference lawsuit involving military procurement contracts in the Republic of Korea.
• Alan Darush MD, APC v. Revision, L.P., et al. (C.D. Cal.) – A vertical price-fixing case in which Mr. Kesselman represented a distributor of skin care products against the manufacturer.
• KSCD, Inc. v. AEG Infrarot-Module GmbH (C.D. Cal.) – Mr. Kesselman represented a distributor of military equipment against a subsidiary of Daimler in litigation involving the sale of infrared technology to the Republic of Korea.
• Anderson, et al. v. County of Ventura (C.D. Cal.) – Mr. Kesselman represented class of social workers in Fair Labors Standards Act case against the County of Ventura. The case successfully resolved, and the settlement was approved by the Court
• Steiner, et al. v. ABC, et al. (C.D. Cal. and 9th Cir.) – Mr. Kesselman represented composers in a class action against ABC and others for alleged violations of copyright law involving the use of sound recordings in television shows. The case successfully resolved, and the settlement was approved by the Court
• East v. Twentieth Century Fox, et al. (C.D. Cal.) – Mr. Kesselman represented composers in a class action against Fox and others for alleged violations of copyright law involving the use of sound recordings in television shows. The case successfully resolved, and the settlement was approved by the Court.
• Music Force v. Viacom, et al. (C.D. Cal.) – Mr. Kesselman represented composers in a class action against Viacom and others for alleged violations of copyright law involving the use of sound recordings in television shows. The case successfully resolved, and the settlement was approved by the Court.
• Hyhte Holdings, Inc. d/b/a Astura Medical adv. Lowell, Inc. (Judicate West Arbitration) – Mr. Kesselman and KBS represented medical supply company in dispute over breach of contract and related claims. After trial in arbitration before retired judge, the case settled on confidential terms.
• Child Care Results, Inc. dba CCR Analytics v. Anonymous (AAA Arbitration) – Mr. Kesselman and KBS represented CCR Analytics in dispute over breach of contract and related claims. After trial in arbitration, CCR prevailed on its claims.
• Hyhte Holdings, Inc. d/b/a Astura Medical v. Tomz Corporation (Judicate West Arbitration) – Mr. Kesselman and KBS represented medical supply company in dispute over breach of contract and related claims. After trial in arbitration the case settled on confidential terms.

Published Works

Articles

• California Business Law: Business And Professions Code Section 17200, Chapter 15 in California Antitrust & Unfair Competition Law (Revised), The Antitrust and Unfair Competition law Section of the State Bar of California (2009 – 2024) (co-author and co-editor with Jordan Ludwig)
  
• “Government Finally Files Its Antitrust Case Against Amazon,” LA Daily Journal, October 11, 2023 (co-author with Amy Brantly)
  
• "An Epic Battle: the Epic Games v. Apple antitrust decision", Westlaw Today (Reuters), September 23, 2021 (co-author with Amy T. Brantly)
  
• “The Cases Against Facebook,” Column in LA and SF Daily Journal, December 21, 2020 (co-author with Amy T. Brantly).
  
• “Is the DOJ’s Google antitrust lawsuit just the beginning?”, Column in LA and SF Daily Journal, October 28, 2020 (co-author with Amy T. Brantly)
  
• “Will Congress restore antitrust to protect competition?”, Column in LA and SF Daily Journal, October 26, 2020 (co-author with Amy T. Brantly)
• "Hope for Antitrust Regulation,” Column in Los Angeles Daily Journal, May 21, 2019
• “The civility and decency of a legal titan: Maxwell M. Blecher,” Op-ed in Los Angeles and San Francisco Daily Journal (March 20, 2018)
• Vertical Price-Fixing: Why California’s Per Se Rule Against Resale Price Maintenance Is Actually Good For Businesses and Consumers: Plaintiff Perspective, Competition; The Journal of the Antitrust and Unfair Competition Law Section of the State Bar of California (Fall 2013) (co-author with Trevor V. Stockinger)
• Health Industry, chapter in California Antitrust & Unfair Competition Law (Revised), The Antitrust and Unfair Competition law Section of the State Bar of California (2013-15) (co-editor with Majed Dakak of updated chapter)
• "Changing Channels," Op-ed in Los Angeles Daily Journal, October 30, 2007 (co-author with Maxwell M. Blecher)

Other Affiliations

• California State Bar’s Antitrust and Unfair Competition Section (Executive Committee and Advisor)
• Los Angeles County Bar’s Antitrust and Unfair Corporation Section (Past Chair and Executive Committee Member)
• American Bar Foundation (Fellow)
• Association of Business Trial Lawyers (Member)
• Chancery Club of Los Angeles (Member)