David R. Garcia is a partner in Sheppard, Mullin, Richter & Hampton LLP’s Century City office, where he is also the Office Managing Partner. He is a litigator with a broad background in complex civil litigation for major U.S. companies, including extensive class action and multidistrict litigation experience.
His practice focuses principally on antitrust litigation and counseling with particular emphasis on the entertainment industry, healthcare litigation and mergers and the intersection between antitrust and intellectual property in litigation and joint ventures. His healthcare antitrust practice includes presentation of providers of all sorts and healthcare insurance companies.
Mr. Garcia’s antitrust litigation experience includes price fixing cartel defense, patent related monopolization claims and representation of clients in connection with civil and criminal investigations by the Federal Trade Commission and the antitrust division of the U.S. Department of Justice.
He counsels extensively on joint ventures, mergers and acquisitions and competitor collaborations in healthcare, for a broad range of health plans and payors and providers, including hospitals and doctor groups throughout the U.S. including second requests and divestiture negotiations with both the FTC and DoJ. His broad ranging antitrust litigation background includes major matters involving monopolization of health care markets, mergers, standard setting, state action immunity, and price fixing.
He also counsels and litigates in a variety of vertical distribution situations, including dealer termination, vertical pricing restrictions, franchise termination disputes and counseling and litigation involving multilevel marketing organizations. Finally he counsels joint ventures in the formation stage and through ongoing antitrust monitoring.
Clients for whom he has worked include: Molina Health Care, Cambia, Arcadian Medicare Advantage Insurance, and a broad variety of physician groups and for profit and non profit hospital systems throughout the U.S., The Secure Content Storage Association LLC, The Digital Cinema Initiative, LLC, Lending Tree, Samsung, Epson America, China Mobile, Sprint, Carrier Airconditioning, Herbalife, Amgen, Barnes & Noble, Warner Home Video, and Playboy Enterprises, Inc.
Mr. Garcia has also handled wide-ranging securities litigation, first in New York and later in California, that has included class action defense, the defense of derivative litigation on behalf of both individuals and companies, litigation arising out of mergers and acquisitions, and internal corporate investigations. He has also had extensive experience representing companies and individuals in investigations commenced by the Securities and Exchange Commission.
Companies for whom he has worked in the securities area include: Credit Suisse; First Boston; The Special Committee of the Board of Diamond Multimedia, Inc.; BT Securities; Montgomery Securities; Bank of America; the outside directors of FarWest Financial Savings & Loan.
- J.D., Georgetown University
- B.A., Harvard University
- New York
- U.S. District Court, Northern and Central Districts of California
- U.S. District Court, Southern and Eastern Districts of New York
- U.S. District Court, District of Columbia
- U.S. Court of Appeals, Second, Sixth, Ninth, and District of Columbia Circuits
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