David E. Fink

Partner
David Fink
David Fink is an experienced and proven commercial litigator at both the trial and appellate court levels. With more than two decades of experience in state and federal litigation, as well as alternative dispute resolution, David has prosecuted and defended complex claims involving hundreds of millions of dollars. David's has vast experience in the media and entertainment industry, including defamation and privacy claims, right of likeness, copyright, trademark, guild related issues and profits participation. David also regularly represents clients in general commercial disputes.

David is on the leading edge of the legal issues that are arising concurrent with the growth of augmented and virtual reality. In this capacity, he advises clients on liability issues, venues, compliance rights, intellectual property concerns, and privacy protection.

In addition to representing major news media, television, and entertainment clients, David has served both as litigation counsel and as a consultant for numerous other businesses and individuals on a wide variety of commercial matters.

Experience

Representative Matters

Appeals

  • The Ninth Circuit affirmed a trial court order granting a Rule 12(b)(6) motion to dismiss a copyright infringement action against a well-known fashion and lifestyle company
  • The Ninth Circuit affirmed a trial court ruling in favor of defendants, denying plaintiff's request for attorneys' fees
  • The California Court of Appeal affirmed a trial court order granting summary judgment in favor of a television network and dismissing the action, holding: 1) that the plaintiff could not establish access under the bare corporate receipt doctrine, and 2) that the network had established that it independently created a television series
  • The California Court of Appeal affirmed a trial order granting summary adjudication and dismissing several claims arising out of the plaintiff's contention that she should be paid contingent compensation at a higher rate than she received in connection with her services as showrunner and creator of a television program
  • The California Court of Appeal reversed the trial court's denial of the defendants' anti-SLAPP motion with orders to grant to motion, holding that the defendants had demonstrated the requisite public interest in the creative process surrounding their television program and that the alleged defamatory statements were not of and concerning the plaintiffs
  • The trial court granted an anti-SLAPP motion dismissing claims for both express defamation and defamation by implication, based on a news report broadcast on television network's program; the Ninth Circuit upheld the dismissal of the claim for defamation by implication
  • The California Court of Appeal upheld a trial court's dismissal by terminating sanctions of pregnancy discrimination and other employment-related claims against an actor by his former assistant
  • The California Court of Appeal reversed the trial court's denial of the defendants' anti-SLAPP motion and held that the defendants were entitled to anti-SLAPP protection because the career and personal life of an actor were matters of widespread public interest
  • The Ninth Circuit affirmed dismissal of a copyright infringement and co-ownership action concerning a motion picture
  • The Ninth Circuit affirmed a dismissal on summary judgment of a reverse confusion trademark infringement claim concerning products marketed in connection with a television program

Other Representative Cases

  • Obtained dismissal of a copyright infringement case against the producer of a popular television series pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure
  • Successfully defended a television production company against a wide array of claims, including defamation and other privacy-related claims, as well as claims for wrongful termination of employment, brought by cast members of a popular television series
  • Represented multiple companies in disputes between companies and their former employees over intellectual property and other proprietary information generated and/or disclosed during the period of employment
  • Represented the former founder and owner of a clothing company in a business dispute initiated by his former partner. The case was dismissed on successful summary judgment on statute of limitations grounds
  • Defeated a motion for preliminary injunction that was sought, based on alleged infringement of the plaintiff's trademark, to prevent the distribution of a reality television program
  • Representing a media conglomerate and related companies and filed an anti-SLAPP motion and obtained dismissal, with prejudice, of the plaintiff's defamation and other claims arising from the broadcast on a network of a news magazine story about the credentials of a reality television psychologist
  • Represented defendants in securing the dismissal, with prejudice, of copyright and accounting claims arising from the creation and production of a television series

Insights

Credentials
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Education

  • B.A. University of California at Berkeley 1988
  • J.D. University of California, Hastings College of the Law 1993

Bar Admissions

  • California

Court Admissions

  • U.S. Court of Appeals for the Ninth Circuit
  • U.S. Court of Appeals for the Seventh Circuit
  • U.S. District Court for the Central District of California
  • U.S. District Court for the Eastern District of California
  • U.S. District Court for the Northern District of California
  • U.S. District Court for the Southern District of California

Professional Memberships and Activities

  • Member, Los Angeles Copyright Society Member, Media Law Resource Center
  • Member, Copyright Society of the U.S.A.
  • Member, State Bar of California, Intellectual Property Law Section
  • Member, Los Angeles County Bar Association, Intellectual Property & Entertainment Law Section
  • Member, Beverly Hills Bar Association

Recognition
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  • Featured as a California local litigation star in Benchmark Litigation 2019
  • Ranked by Chambers USA as a leading practitioner in Media & Entertainment: Litigation, 2015 - 2016, 2018
  • The Best Lawyers in America©, Intellectual Property – Litigation, 2017 - 2019
  • Named as a Southern California "Super Lawyer" by Los Angeles Magazine every year since 2004