Biography

DAVID JACOBS is a Member of the Firm in the Litigation, Health Care & Life Sciences, and Employment, Labor & Workforce Management 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, health care litigation, employment litigation, intellectual property, and First Amendment issues.

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

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

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

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 breach of contract, anti-competitive conduct, 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:

  • Successful motion to dismiss, and appeal, a federal putative class action involving financial services company with claim involving several hundred million dollars (2018, 2020)
  • Successful motions to dismiss federal putative class actions against health care providers (2018, 2020)
  • Successful motion for summary judgment brought in federal court in a complex real estate transaction (2017)
  • Reversal of a plan review committee’s decision to terminate a participating physician group services agreement (2014)
  • Arbitration decision in favor of a health care plan, against a provider, for breach of contract (2010)
  • Trial decision in favor of a supermarket chain, on a contract dispute and commercial unlawful detainer (2010)
  • TRO and preliminary injunction on behalf of a health care plan, against a provider, for balance billing plan members (2007)

A part of Mr. Jacobs' practice, he 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

Mr. Jacobs has been chosen by his peers for inclusion in The Best Lawyers in America© (2021) in the field of Litigation – Labor and Employment.

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. Court of Appeals for the Tenth Circuit
  • U.S. Court of Appeals for the Eleventh 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