David Kesselman

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David Kesselman

(310) 307-4504
11400 West Olympic Blvd.,
Suite 400
Los Angeles, CA 90064

David W. Kesselman is a Partner and Co-Chair of the Antitrust Group of Goldberg, Lowenstein & Weatherwax LLP. Prior to joining GLW, Mr. Kesselman was a partner in the highly regarded antitrust and litigation boutique, Blecher & Collins, P.C., in Los Angeles. He began his legal career at the international law firm, Jones Day. Mr. Kesselman has represented plaintiffs and defendants in complex litigation matters including: antitrust, unfair competition, business tort, copyright, class action, wrongful termination and professional malpractice cases. Mr. Kesselman has significant trial experience and has argued cases in both federal and state appellate courts. He has been selected as a Southern California Rising Star Super Lawyer for many years.

Mr. Kesselman is an adjunct professor of law at Loyola Law School where he teaches courses in U.S. and Global Antitrust Law.  He serves on the executive committees for the Antitrust and Unfair Competition sections of the California State Bar and the Los Angeles County Bar.  He is also a contributing author and editor of the leading treatise in California on antitrust and unfair competition law.

Representative Matters:           

  • Represents a manufacturer and distributor of permanent cosmetic products in a group boycott action against competitors and their trade association
  • Represents a putative class of direct purchasers against manufacturers for alleged horizontal price fixing in the containerboard industry
  • Represents a class of social workers against a government entity for failure to pay proper overtime 
  • Represents a Taiwan-based manufacturer of golf equipment against business tort and unfair competition claims
  • Represented a physician and health care entities in a group boycott action against a major hospital
  • Represented a distributor of beauty products against a manufacturer for vertical price fixing
  • 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
  • Defended a national motion picture theater chain against alleged antitrust claims brought by a competitor motion picture theater
  • Represented a distributor against a multinational electronics manufacturer for alleged price discrimination
  • Represented a trigger sprayer supplier in a monopolization action against competitor
  • Represented three separate classes of music composers and owners of sound recordings against major television studios and distributors for failure to pay licensing fees in violation of federal Copyright law
  • Represented a putative class of consumers against the major studios and cable companies for alleged antitrust violations
  • Represented a company in professional malpractice suit arising out of an underlying antitrust lawsuit
  • Represented individual in wrongful termination action against a multinational conglomerate alleged to have engaged in price discrimination and secret rebates
  • Represented individual in wrongful termination against a multinational conglomerate alleged to have engaged in territorial allocations and unfair competition 
  • Represented a U.S.-based company against a German company for breach of contract and business torts
  • Defended a transportation company in an alleged below cost pricing and price discrimination lawsuit brought by a smaller competitor
  • Defended an out-of-state company for alleged violations of non-compete agreements in California

Teaching Experience:

Adjunct Professor, Antitrust Law, Loyola Law School (August 2009 to the present)

Adjunct Professor, Global Antitrust Law, Loyola Law School (Spring 2012)

Lecturer, Business Law, California State University, Northridge (2010)

Publications:

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)

California Unfair Competition Law (Business & Professions Code section 17200), chapter in California Antitrust & Unfair Competition Law (Revised), The Antitrust and Unfair Competition law Section of the State Bar of California (2009-2013) (co-author and co-editor with Jordan Ludwig of updated chapter)

Health Industry, chapter in California Antitrust & Unfair Competition Law (Revised), The Antitrust and Unfair Competition law Section of the State Bar of California (2013) (co-author and 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)

Presentations:

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: UCL Standing and Class Certification, State Bar of California Golden State Antitrust and Unfair Competition Law Institute (October 21, 2010)

Professional Affiliations:

Executive Committee Member, California State Bar Antitrust and Unfair Competition Section
Executive Committee Member, Los Angeles County Bar Antitrust and Unfair Competition Section
American Business Trial Lawyers Association
American Bar Association

Education:

J.D., University of California, Davis (1999)
            UC Davis Lasky Antitrust Award
M.A., London School of Economics (1995)
B.A., University of California, Irvine (1994)
            Student Body President