Throughout his career, David McDowell has been on the forefront of legal issues facing retailers and consumer product manufacturers. His victories before the California Supreme Court eliminated nearly all consumer class actions over sales tax cases, Loeffler v. Target, 58 Cal.4th 1081 (2014), and all pre-Proposition 64 “no injury” cases, Californians for Disability Rights v. Mervyns, 39 Cal.4th 223 (2006). With nearly 30 years’ experience advising retailers and consumer product companies, Dave speaks the language of his clients, providing practical and timely legal advice that is tailored to today’s fast moving retail environments. His combination of experience and practicality has led to successes in the appellate and trial courts in cases that have defined the rights and limited the duties of retailers in a variety of other arenas, including marketing practices, advertising and other promotions, labeling of goods, use of retail property for solicitation and signature gathering, and other areas important to retailers and consumer product companies.
As part of his regular practice focus on unfair business practice issues, false advertising, and other consumer class action litigation, Dave is currently working extensively in areas where consumers directly interact with technology, such as privacy and data security and accessibility under the ADA and related laws.
Privacy and Data Security
Dave represents Target Corporation in connection with its investigations and ongoing litigation and regulatory inquiries related to the theft of customers’ credit and debit card data. In addition, he has advised numerous other companies on data security and breach-related issues. Beyond data security, he represents well-known technology companies in privacy class actions across the United States as well as household-name retailers in dozens of other alleged invasion of privacy litigations and FTC investigations.
Dave also represents a myriad of companies in claims brought by consumers, the DOJ, and advocacy groups regarding accessibility barriers to technology. He represented Netflix, Target, and H&R Block in groundbreaking cases over the accessibility of websites, mobile applications, and streaming video technology. At the same time, he has successfully defeated penalty claims brought by putative classes relating to accessibility issues. Dave is presently advising various numerous Fortune 500 companies on regulatory and compliance issues under the ADA, Rehabilitation Act, Video Communications Act, California Unruh Act, and other laws.
Dave is recommended by Legal 500 2016 in the area of Marketing and Advertising. He is also repeatedly recognized in Southern California Super Lawyers in the categories of Class Action/Mass Tort Litigation and Civil Litigation Defense. He was presented with the 1990 Pro Bono Associate Award by the Legal Aid Foundation of Los Angeles and the 2000 Pro Bono Civil Liberties Award by the ACLU Foundation of Southern California.
David McDowell is recommended as a leading lawyer by Legal 500 US 2016 and Super Lawyers 2013.
©1996-2016 Morrison & Foerster LLP. All rights reserved.