David Eberhart

O'Melveny & Myers LLP

$ $$$

Embarcadero Center
San Francisco 94111 CA US

David R. Eberhart focuses his practice on the representation of technology companies, primarily in intellectual property litigation. David’s practice also encompasses business torts and antitrust litigation for technology companies. He has significant experience in all phases of litigation through trial and appeal.


  • Currently lead counsel defending a major consumer electronics company against trade secrets claims alleging that plaintiff’s former Chief Technology Officer, now employed by the defendant, conspired with the defendant to steal plaintiff’s trade secrets, sabotage the company, and raid its core engineering team.
  • Defended electronic design automation software developer in defending technically-intense copyright infringement and breach of contract claims by another software developer; after a hearing on the client’s motion to dismiss the plaintiff agreed to settle and dismiss the case on confidential terms.
  • Stepped in two weeks before trial to act as trial counsel defending against breach of contract and tortious interference claims alleging that defendants undervalued an internet flash sale business to avoid triggering an earnout clause in a merger agreement; after a month-long trial, the jury returned a verdict fully in favor of the defense.
  • Served as lead counsel for a major consumer electronics company in asserting trademark infringement, dilution, and unfair competition claims against a large Internet-based retailer involving a mobile software download service.
  • Currently defending a major online auction service against claims that it knowingly abetted the sale of counterfeit products in a case that attempts to shift from brand owners to auction sites the responsibility to police trademark infringement.
  • Served as lead counsel to a major online auction service in asserting claims for fraud relating to a complex technical scheme used to fraudulently obtain advertising commissions; the civil case settled favorably for the client.
  • Served as trial counsel for a leading banking institution in defending claims involving alleged copyright infringement of online banking source code and technology; the case settled very favorably on the eve of trial.
  • Served as trial counsel defending corporate affiliates of a news and media conglomerate in the successful defense of copyright infringement and other claims relating to satellite television conditional access systems; following a five-week trial, the jury deliberated for less than a day and found in favor of the defendants.
  • Represented a leading provider of on-demand software and software-enabled services to the rental housing industry in a lawsuit brought by its primary competitor alleging misappropriation of trade secrets and copyright infringement and including counter-claims for antitrust violations, tortious interference with customer contracts, and trade secret misappropriation; after the client successfully defeated a motion to dismiss its counter-claims the parties entered into a comprehensive settlement of the litigation.


  • California
  • US District Court, Northern, Central, and Eastern Districts of California
  • US Court of Appeals, Ninth Circuit


  • University of Michigan, J.D., 1992: magna cum laude; Order of the Coif
  • Dartmouth College, A.B., 1989


  • American Intellectual Property Law Association
  • Bar Association of San Francisco


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Embarcadero Center
San Francisco 94111 CA US
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Lina Stillman

Broadway 42
New York 10004 NY US