David A. Klein

Securities and Merger & Acquisition Litigation

• Representing an electric vehicle company and its officers and directors in a putative securities class action arising from a drop in the company’s stock price following a merger with a special purpose acquisition company (SPAC).
• Represented an electric vehicle company and its officers and directors in a stockholder derivative action arising from a drop in the company’s stock price following a merger with a special purpose acquisition company (SPAC), and obtained dismissal after arguing motion to dismiss. 
• Representing Smart & Final Stores officers in a putative stockholder class action arising out of Apollo Global Management’s $1.1 billion acquisition of Smart & Final.
• Represented buyer of a technology company in litigation in the Delaware Court of Chancery over an earnout provision in its acquisition agreement, and obtained dismissal after arguing motion to dismiss. 
• Represented Oaktree Capital Management, L.P. in expedited litigation, including a trial, in the Delaware Court of Chancery regarding a potential initial public offering. 
• Represented a technology entrepreneur and former CEO in litigation in the Delaware Court of Chancery arising out of the sale of his company to a well-known American multinational technology corporation.

Consumer Class Action Litigation

• Representing a furniture retailer in its defense against a putative class action alleging false advertising of discounts. 
• Representing Polaris Industries Inc. in putative state-wide class actions alleging violations of California consumer protection statutes. 
• Represented General Motors Financial Company, Inc. in putative nationwide and California state class action alleging that client’s vehicle protection coverage practices violated state consumer protection laws, and obtained voluntary dismissal following motion to dismiss.
• Represented seller of precious metal products in its defense against multiple putative nationwide class actions alleging false advertising, unfair business practices, and violations of the Consumers Legal Remedies Act, and secured full dismissal of complaint.

Entertainment Litigation

• Represented Melrose Investors 2 LP, a private equity fund, in a breach of contract action to recover profits related to its $375 million financing investment in films produced by Paramount Pictures Corporation.
• Represented a motion picture studio in a confidential arbitration over a breach of distribution agreement dispute concerning entertainment accounting.
• Represented buyer of interests in motion pictures in a confidential arbitration over proceeds arising from an asset purchase and distribution agreement.
• Represented multiple investment firms in disputes involving film and television profit participation, including accounting disputes over slate financing agreements and disputes over streaming licenses. 
• Represented Jemella Group (Lion Capital) in connection with a breach of contract dispute involving pop singer Katy Perry and her company, Killer Queen, LLC, related to an endorsement agreement with international hair product company ghd.
• Participated on a Kirkland team that represented Mark Burnett, producer of Survivor, The Apprentice, and The Voice, in a breach of contract and ownership dispute involving his production company.

Intellectual Property

• Represented AECOM, a leading infrastructure firm, in false advertising and trademark litigation against a competitor. 
• Represented Victoria’s Secret in its defense against a trademark case that resulted in a published appellate decision affirming dismissal. Airs Aromatics, LLC v. Victoria's Secret Stores Brand Mgmt., Inc., 744 F.3d 595 (9th Cir. 2014).
• Represented a software company against a large foreign telecommunications company in a copyright and breach of contract action concerning software piracy.

Government, Regulatory and Internal Investigations

• Represented a technology entrepreneur and former CEO in an SEC enforcement action arising out of the sale of his company to a well-known American multinational technology corporation. 
• Obtained dismissal of federal indictment of technology entrepreneur and former CEO charged with a $98 million fraud scheme related to the sale of his company. After several presentations to the United States Attorney’s Office for the Central District of California, the government dismissed the indictment with prejudice. The government also dismissed related asset forfeiture case returning over $4 million in seized funds.

Bankruptcy and Debt Finance Disputes

• Represented Boardriders, Inc., owner of apparel brands Quiksilver and Billabong, in litigation arising from a debt financing transaction that provided over $110 million in crucial liquidity to the company in order to weather the disruption caused by the COVID-19 pandemic. 
• Represented bank holding company in bankruptcy litigation with government agency concerning the allocation of tax refunds in excess of $100 million.

Pro Bono

• David also devotes a portion of his practice to pro bono matters and has been the recipient of several Kirkland & Ellis Pro Bono Service Awards, including for two groundbreaking cases involving education policy, one of which resulted in a California court becoming the first in the U.S. to verify a “parent trigger” petition to authorize parents to take control of an underperforming school in Southern California.