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David Horniak

David Horniak

Partner
Washington, DC
About
David Horniak litigates complex, high-stakes business disputes at trial, in arbitration, and on appeal. His clients range from Fortune 500 corporations to individuals and startups, and he has successfully represented them in a broad range of matters involving commercial and government contracts, advertising, privacy, real estate, patents, tax, securities, probate, legal malpractice, and criminal defense. David is a national thought-leader on defense of mass arbitrations, and he also has significant experience defending clients in federal and state government investigations.

The common theme in David’s practice is his approach to litigation: a close partnership with his clients to find creative and lasting solutions to their most challenging, high-risk problems. As reported by The Legal 500, clients describe him as “easily accessible” and “respectful,” someone who “quickly responds to client inquiries with direct and helpful communication.” He was named to the Washington, DC “Rising Stars” list in the 2014–2019 editions of Super Lawyers.

Born in California and raised in Minnesota, David graduated with honors from Dartmouth College, where he studied computer science, rowed varsity crew, and was selected Academic All Ivy in the 2002 and 2003 seasons. After college, he managed operations for a distribution company in the Chicago area. David received his J.D. from the University of Michigan Law School, where he graduated magna cum laude, was a member of the Order of the Coif, and served as an editor of the Michigan Law Review. Following law school, David clerked in Seattle for Judge Ronald M. Gould of the U.S. Court of Appeals for the Ninth Circuit before entering private practice.  He lives in the District of Columbia with his wife and three sons.
 
Areas of FocusConsumer Goods, Food and RetailFinancial ServicesLife SciencesTechnologyIntellectual PropertyLitigation, Arbitration and Investigations
Bar admissionsCaliforniaDistrict of Columbia
CourtsSupreme Court of the United StatesUnited States Court of Appeals for the First CircuitUnited States Court of Appeals for the Second CircuitUnited States Court of Appeals for the Ninth CircuitUnited States Court of Appeals for the Tenth CircuitUnited States Court of Appeals for the District of Columbia CircuitUnited States District Court for the District of ColumbiaUnited States District Court for the Northern District of CaliforniaUnited States District Court for the Central District of CaliforniaUnited States District Court for the Southern District of CaliforniaUnited States District Court for the Eastern District of MichiganUnited States Tax Court

EXPERIENCE

David’s experience includes:

Business & Commercial Litigation
  • Trial counsel for one of the world’s largest food companies in a billion-dollar business acquisition dispute.
  • Trial counsel for a branded pharmaceutical company in a patent-infringement dispute.
  • Trial counsel for a public technology company in an eight-figure government contract dispute.
  • Trial counsel for a major financial services firm in a nine-figure breach-of-contract dispute.
  • Defense of international banks against claims alleging violations of the federal Anti-Terrorism Act.
  • Defense of numerous national consumer-facing businesses in mass arbitrations alleging e-commerce practices violate federal and state privacy laws.
  • Defense of numerous class action lawsuits against international human and pet food manufacturers alleging false advertising and unfair competition.
  • Prosecution of numerous patent infringement claims, and defense of numerous patent invalidity challenges, on behalf of international branded pharmaceutical companies
  • Defense of multiple global law firms against allegations of legal malpractice.
Government Investigations and Litigation
  • Defense of the chairman of an investment firm in a DOJ criminal tax investigation.
  • Representation of the chief executive of a global auto industry manufacturer in a DOJ criminal fraud investigation.
  • Representation of a trader at an international bank in an SEC securities fraud investigation.
  • Prosecution of, on behalf of multiple clients, petitions in US Tax Court challenging tax deficiencies asserted by the IRS.
  • Representation of testifying witnesses in multiple federal criminal prosecutions.
  • Defense of multiple clients in investigations by state attorneys general.
  • Prosecution of an individual’s successful appeal from a conviction for second-degree assault.
  • Representation of an individual in the US Supreme Court in an appeal addressing the constitutionality of DNA swabbing at the time of the arrest.
Education

  • J.D., University of Michigan Law School

    magna cum laude

    Order of the Coif

    Contributing Editor, Michigan Law Review

     

  • A.B., Computer Science, Dartmouth College
    cum laude

Awards

  • Super Lawyers Rising Star, 2014-2019

Pro Bono

David has an active pro bono practice.  Currently, David supervises several cases handled by fellows of the DC Affordable Law Firm and numerous DLA Piper associates on a variety of family law matters. 

Bylines

  • Co-authored, "Comparing 5 Administrators' Mass Arbitration Procedures," Law 360, August 2024
  • Co-authored, "4 Ways Businesses Can Address Threat of Mass Arbitration,” Law 360, June 2024
  • Co-authored, "'SPAC' Clients Pose Unique Risks for Law Firms: Lessons Learned from Defending Lawyers in Malpractice Cases," CNA, November 2021

Seminars

  • Speaker, "Food and Beverage Litigation – Recent Trends, Issues and Challenges Explored," October 2020
  • Speaker, "Inequitable Conduct After Therasense," 2018

Media Mentions

Clerk Experience

  • Clerkship: Judge Ronald M. Gould, US Court of Appeals for the Ninth Circuit, Seattle, WA

Civic and Charitable

Executive Leadership Team Member for “Lawyers Have Heart”

Memberships And Affiliations

  • D.C. Committee on Unauthorized Practice of Law (appointed by D.C. Court of Appeals)
  • American Bar Association
  • District of Columbia Bar Association
  • California Bar Association

My latest insights

News
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DLA Piper secures defense win on behalf of STARZ Entertainment

4 March 2025 .3 minute read

Publication
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American Arbitration Association opens comment period for draft amendments to the Consumer...

19 February 2025 .5 minute read

Connect

Phone

+1 202 799 4361
(Work, Washington, DC)
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