David M. Fox

David M. Fox

Associate

David M. Fox

Associate

David Fox is an experienced litigator who focuses on a wide range of complex business and commercial disputes.

He has extensive experience litigating breach of contract actions, shareholder disputes, employment claims, intellectual property disputes, and business torts. Blending sharp advocacy with creative thinking, Dave has litigated cases and advanced the interests of his clients through trial and appeal in state and federal courts as well as before arbitration panels on both the west and east coasts. Dave has guided Fortune 500 companies, small-to-midsized business, and individuals in numerous industries through all stages of litigation.

Experience

  • Assisted in obtaining partial summary judgment on behalf of estates in a shareholder dispute, affirming their ownership interests in large automobile dealership chain and in successfully opposing summary judgment on issues related to the estates’ entitlement to key-man life insurance proceeds. Assisted in drafting successful interlocutory appellate brief before the Supreme Judicial Court of Massachusetts, 464 Mass. 205 (2013), concerning the application of the at-issue waiver exception to the attorney-client privilege. The action settled shortly before trial on highly favorable terms for the clients.
  • Assisted in obtaining judgment on the pleadings on behalf of a national pharmacy chain in complex litigation concerning contractual issues surrounding the implementation of hosted data solution before the Business Litigation of the Massachusetts Superior Court.
  • Represented national chain of long-term care facilities in contract and business tort dispute with hosted data provider. Prepared successful opposition to motion to dismiss on a tight timeframe after taking over case from prior counsel.
  • Represented startup coffee packaging company in action for breach of contract and fraud, and successfully obtained judgment for the full amount sought plus attorneys’ fees.
  • Assisted in defending owner and operator of four-star hotel in ADA Title III litigation filed by serial litigant, which resulted in a dismissal of the majority of claims brought by plaintiff at trial. The case settled on terms favorable to client prior to appeal.
  • Represented Fortune 500 company in employment litigation involving claims under Title VII.
  • Defended startup biotechnology company in employment litigation against former executive, which settled on favorable terms for the client.
  • Represented Fortune 500 executive in arbitration hearing over entitlement to severance benefits after change-in-control, which resulted in award of attorneys’ fees to client.
  • Represented apparel company in litigation involving trademark infringement, RICO, business tort, and contract claims.
  • Represented small business in multi-district patent litigation, and drafted successful briefing before the Judicial Panel on Multidistrict Litigation that set the standard for pre-trial consolidation of patent infringement actions in multidistrict litigation after the America Invents Act, 858 F. Supp. 2d 1375 (2012).
  • Represented startup in patent and unfair competition litigation concerning screen protectors on smartphones, tablets, and laptops. The action settled on favorable terms for the client.

Professional, Community And Pro Bono Involvement

  • Member, Sacramento County Bar Association
  • Member, California State Bar Association
  • Member, New York State Bar Association
  • Member, Massachusetts State Bar Association
  • Note Editor, Boston College International & Comparative Law Review, 2009-2010
  • Staff Writer, Boston College International & Comparative Law Review, 2008-2009

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