Biography

DAVID JACOBS is a Member of the Firm in the Litigation and Labor and Employment practices and is based in the firm's Los Angeles office, where he serves as the Los Angeles Managing Shareholder for Epstein Becker Green. Mr. Jacobs represents clients nationwide. He concentrates his practice on business litigation, employment law, health care law, intellectual property, and First Amendment issues.

Mr. Jacobs represents, and has represented, clients in a wide range of industries, including health care, publishing and entertainment, financial services, high-tech, and the food market industry.

Mr. Jacobs also counsels and litigates in all aspects of employment law, including race, sex, age and disability discrimination, sexual harassment, and wrongful termination.

Mr. Jacobs is equally experienced in litigating complex business disputes involving:

  • Breach of fiduciary duty
  • Breach of indemnity agreements
  • Securities
  • Real estate
  • Fraud
  • Breach of contract
  • Commercial leases
  • Corporate restructuring issues
  • California health care issues, including but not limited to disputes over risk pool arrangements and other types of disputes between health care providers and disputes between health care plans and providers

In addition to appearing before federal and state courts, Mr. Jacobs has represented clients in numerous AAA and JAMS arbitrations on such diverse matters as real estate transactions, trade secret theft, fraud, and corporate dissolution, and has represented EBG financial services clients in FINRA arbitrations.

Recent client successes include the following:

  • Epstein Becker Green convinces plan review committee to overturn termination of participating physician group services agreement
  • Arbitration decision in favor of a health care plan, against provider, for breach of contract
  • TRO and Preliminary Injunction on behalf of a health care plan, against provider, for balance billing plan members
  • Trial decision in favor of a supermarket chain, on contract dispute and commercial unlawful detainer

A part of Mr. Jacobs' practice is devoted to counseling and representing magazine and book publishers and other media companies on issues such as:

  • Copyright
  • First Amendment rights (defamation, reporter's privilege and access, pre-publication review, and privacy/right of publicity)
  • Trademarks
  • Unfair competition (Lanham Act and state unfair competition laws)
  • Artist/manager disputes
  • Contracts
  • Trade secret theft
  • Restrictive covenants

Examples of reported decisions in the cases Mr. Jacobs has litigated include the following:

  • Mile Marker, Inc. v. Petersen Publishing Co., Inc., 811 So.2d 841 (Fla. 4th DCA 2002) (successful defense of Petersen's 4Wheel & Off-Road magazine against a claim of defamation over a product comparison article)
  • Petersen Pub'g Co., Inc. v. Blue Gravity, Inc. (injunction involving Trademark/Cybersquatting issues) (D.N.J.) (E-Commerce Law Weekly, Vol. 2 No. 2, pg. 36, January 11, 2000)
  • International Film Exchange v. Corinth Films, Inc., 621 F.Supp. 631 (S.D.N.Y. 1985) (copyright issues involving classic film The Bicycle Thief)
  • Maitland v. Columbia Picture Industries, Inc., 91 A.D.2d 879 (1st Dept. 1982) (affirming dismissal after trial of idea theft claim over T.V. series Fantasy Island)
  • Elsmere Music, Inc. v. National Broadcasting Co., Inc., 482 F.Supp. 741 (S.D.N.Y. 1980), aff'd, 623 F.2d 252 (2d Cir. 1980) (copyright issue involving Saturday Night Live parody)
  • Hoehling v. Universal City Studios, Inc. 76 CV. 4269, aff'd, 618 F.2d 972 (2d Cir.), cert. denied, 449 U.S. 840 (1980) (copyright issue involving motion picture The Hindenburg)

Mr. Jacobs served from 2009 to 2012 as Co-Chair of the Employment Law Committee of the Media Law Resource Center.

Education

  • New York University School of Law (LL.M., 1977)
  • Loyola Law School (J.D., 1976)
  • University of California (B.A., 1973)
    • Los Angeles, with great distinction, Phi Beta Kappa

Court Admissions

  • Supreme Court of the United States
  • California Federal Courts
  • U.S. Court of Appeals for the Second Circuit
  • U.S. Court of Appeals for the Ninth Circuit
  • U.S. District Court, District of Colorado
  • U.S. District Court, District of Columbia
  • U.S. District Court, Eastern District of New York
  • U.S. District Court, Northern District of Illinois
  • U.S. District Court, Southern District of New York

Bar Admissions

  • California
  • District of Columbia
  • New York

Memberships

  • American Bar Association
  • Association of Business Trial Lawyers
  • Beverly Hills Bar Association
  • Media Law Resource Center
  • State Bar of California