David Swift handles a wide range of complex litigation matters, including intellectual property litigation, complex business litigation, entertainment litigation and white-collar criminal defense.  David currently serves on the Judicial Appointments Committee of the Los Angeles County Bar Association, which is responsible for evaluating and rating candidates for judicial office.  David also serves on the Executive Committee of the Los Angeles County Bar Association’s Litigation Section and on the Federal Court Coordinating Committee.  Before joining KWIKA, David served as a law clerk to the Honorable Cynthia Holcomb Hall in the United States Court of Appeals for the Ninth Circuit, and practiced civil litigation at the Los Angeles office of Munger Tolles & Olson.

David has been recognized as a “Rising Star” in Super Lawyers magazine every year from 2010 to 2015—an honor awarded to the top 2.5% of lawyers in the Southern California area under 40 years of age.  In 2011, David was named to the New Leaders Council’s “40 Under 40,” a national award recognizing 40 progressive leaders under the age of 40.  In 2013, Mr. Swift was named as one of “Hollywood’s New Leaders” by Variety Magazine.

Representative Matters

  • Bradley Cooper et al v. Vutec Corporation et al.  Represented a television manufacturer in a right of publicity matter brought by Bradley Cooper and Liam Neeson relating to the use of the actors’ images in a magazine advertisement.
  • Brighton Collectibles, Inc. v. RK Texas Leather MFG et al.  Represented a fashion accessory company in a copyright, trademark and trade dress lawsuit in the Southern District of California.  The case settled on the first day of trial after David successfully moved to exclude Plaintiff’s expert and Plaintiff’s theory of damages.
  • Breliant v. Boyd et al.  Represented a high-profile drug interventionist in a breach of contract, fraud and wrongful death case arising out of his client’s drug overdose.  After a year of contentious discovery disputes, David sought and obtained terminating sanctions against Plaintiff.
  • Simon Fuller v. Fox Broadcasting Company, et al.  Represented American Idol creator Simon Fuller in his case against Fox Broadcasting Company and Fremantlemedia North America, which alleges that as part of the settlement of the 2004 UK litigation regarding the similarities between American Idol and X Factor, Mr. Fuller had been promised an executive producer credit and fee for the US version of the X Factor television show.
  • Beauty 21 Cosmetics, Inc. v. Rich On Inc.  Represented a cosmetic company in a trade dress action brought by a competitor relating to the similarities in each company’s product packaging.
  • Xavier v. Suburban Noize Records, Inc., et al.  Represented Suburban Noize Records and its CEO in a long-running dispute with minority owner Brad Xavier and his band, the Kottonmouth Kings.
  • K.E.M. v. Donavan For Printing, et al.  Represented a company in its claims against a competitor and two former employees for misappropriation of trade secrets and trade libel.  After David filed a motion for summary judgment, the parties reached a confidential settlement.
  • Bernal v. Art Impressions, Inc., et al.  Represented the creator of a children’s brand in his lawsuit against his brand management company for fraud and breach of fiduciary duty.  The case settled on the eve of trial for a confidential amount.
  • Represented a cosmetic company in a trademark and false advertising action arising out of its use of a competitor’s trademark in Google Adwords.
  • Represented a former executive who was the target of an SEC investigation for insider trading.  After much back and forth, the SEC ultimately decided not to press charges.
  • Represented In Flight Music, a small independent label, in various disputes with its artists.
  • Handled several defamation actions for public figures and obtained numerous retractions from publications including The Wall Street Journal and GQ Magazine.
  • Represented an individual charged with running a $39 million Ponzi scheme operation.  The parties were able to reach a satisfactory plea deal.
  • ExperExchange, Inc. v. DocuLex, Inc. et al.  Represented DocuLex Inc. and its officers in a copyright, trademark and breach of contract action in the Northern District of California.  After creating and implementing a targeted discovery plan, David brought a motion for summary judgment, which the court granted.  See ExperExchange Inc. v. DocuLex Inc., et al., 2009 WL 3837275 (N.D.Cal. 2009).  The Court also awarded DocuLex over $635,000 in fees and costs as a prevailing defendant under the Copyright Act.  See ExperExchange Inc. v. DocuLex Inc., et al., 2010 WL 1881484 (N.D.Cal. 2010).

Admissions, Memberships & Qualifications

  • Judicial Appointment Committee, Los Angeles County Bar Association (2009 – present)
  • Litigation Section Executive Committee, Los Angeles County Bar Association (2010 – present)
  • Steering Committee, Jewish Federation New Leaders Project (2013 – present)
  • Board of Trustees, Los Angeles County Bar Association (2008 – 2010)
  • President, Los Angeles Bar Association Barristers (2009 – 2010)
  • Clerk to the Honorable Cynthia Holcomb Hall in the United States Court of Appeals for the Ninth Circuit (2004 – 2005)

Honors & Awards

Publications & Speaking Engagements

  • Charting a New Course for the Barristers,” Los Angeles Lawyer, July-August 2009.
  • “A State’s Power to Enter into a Consent Decree that Violates State Law Provisions:  What ‘Findings’ of a Violation are Sufficient to Justify a Consent Decree that Trumps State Law?”  Texas Journal on Civil Liberties & Civil Rights (10 Tex. J. on C. L. & C. R. 37 (2004)).

Education

  • Pomona College (Politics, Philosophy and Economics; Associate Chair of Judicial Council, four-year member of the men’s varsity soccer team), B.A., 2001
  • USC School of Law (President of Public Interest Law Foundation, Member of USC Law Review, Order of the Coif), J.D., 2004