David Cooper is a partner in the firm’s New York office and a member of the firm’s appellate practice. He specializes in brief-writing and oral argument at both the appellate and trial levels. He has successfully argued cases in the U.S. Court of Appeals for the Second and Ninth Circuits and the New York Appellate Division (First Department). He has played a significant role in successfully briefing four cases before the U.S. Supreme Court: Samsung Electronics Co. v. Apple Inc., Visa Inc. v. Osborn, American Needle, Inc. v. National Football League, and Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians v. Patchak. He has also briefed dozens of cases in federal and state courts around the country on a wide variety of substantive issues, including administrative law, antitrust law, constitutional law, intellectual property, products liability, and securities law.
David graduated first in his class at Stanford Law School in 2004, winning the moot court competition and taking the prize for top oral advocate. He served as a law clerk for Judge Merrick Garland of the U.S. Court of Appeals for the D.C. Circuit, and for Justice Anthony Kennedy of the U.S. Supreme Court.
- Barnes & Noble
- Colgate-Palmolive Company
- Hyundai
- Pfizer
- Ricoh
- Samsung
- State Farm
- Wellstat Therapeutics
- Representing Postmates adverse to the New York Attorney General concerning the independent contractor status of a courier used by Postmates. Obtained favorable decision for Postmates before the New York Appellate Division (3rd Department) finding that the courier was an “independent contractor.” See “Postmates Workers Not Employees, NY Appeals Court Says,” Law360, June 22, 2018.
- Obtained a unanimous victory in the U.S. Supreme Court on behalf of Samsung in Samsung Electronics Co. v. Apple Inc., – S. Ct. – (2016), which reversed the decision of the Federal Circuit regarding the proper measure of damages for infringement of a design patent.
- Obtained a unanimous victory in the U.S. Supreme Court on behalf of a class of consumers challenging price-fixing of ATM access fees in Visa Inc. v. Osborn., – S. Ct. – (2016), where after merits briefing the Court dismissed the defendants’ petition as improvidently granted.
- Obtained a grant of a Rule 23(f) petition on behalf of State Farm in LaBrier v. State Farm Fire & Casualty Co., Nos. 16-3185 & 16-3562 (8th Cir.), which raises the questions whether the district court’s certification of a class of nearly 145,000 insureds improperly included many insureds without standing and whether individual issues requiring thousands of mini-trials overwhelm any purported common issues.
- Obtained a denial of a Rule 23(f) petition on behalf of a class of direct purchasers of eggs in In re Processed Egg Products Antitrust Litigation (3d Cir.), upholding the district court’s order granting class certification.
- Argued and obtained a unanimous victory for an individual bringing a Labor Law claim in Friedman v. Arenson Office Furnishings, 129 A.D.3d 525 (N.Y. App. Div., 1st Dep’t 2015), which held that the trial court correctly denied the defendant’s motion for summary judgment and adopted the plaintiff’s interpretation of the term “wages” in the statute.
- Stanford Law School
(J.D., with distinction, first in class, 2004)- Order of the Coif
- 2003 Kirkwood Moot Court Competition:
- Overall Winner
- Best Oralist
- Stanford Law Review:
- Executive Editor
- Executive Editor
- Harvard College
(A.B., cum laude, Economics, 2001)- Phi Beta Kappa
- Harvard Parliamentary Debate Team:
- Placed sixth at the 2001 National Debate Championships
- The State Bar of New York
- United States Court of Appeals:
- Second Circuit
- Seventh Circuit
- Ninth Circuit
- Tenth Circuit
- Federal Circuit
- Jones Day:
- Associate, 2006- 2014
- Associate, 2006- 2014
- Law Clerk to the Honorable Anthony Kennedy:
- Supreme Court of the United States, 2005-2006
- Supreme Court of the United States, 2005-2006
- Law Clerk to the Honorable Merrick Garland:
- United States Court of Appeals for the District of Columbia Circuit, 2004-2005