David Gabor

Shareholder


Experience

David Gabor is a shareholder at Weintraub Tobin and head of the firm-wide litigation department. David is a trial lawyer. In his trial practice, David represents clients in all aspects of litigation from trial to appeal. A notable trial victory was for a charitable organization seeking to preserve tax-exempt status on their property. David’s trial and appellate victory resulted in significant changes to tax collection procedures and practices to the benefit of charities state-wide. Another notable trial victory was in an intensely fought two-year easement dispute where he represented a group of top entertainment industry figures who sought – and obtained – increased access to their properties.

David has litigated intellectual property, government contracts, tax, trademark, copyright, trade secrets, insurance and environmental and entertainment issues, among others. He has tried cases in the contract real estate, tax, bankruptcy and partnership areas.

David has practiced law for over 20 years. He is a graduate of UCLA School of Law, where he served as an editor of the UCLA Law Review. He began his legal career at Latham & Watkins and was a partner at McDermott, Will & Emery. From the earliest stages of his career, he advised sophisticated clients on corporate governance, contracting and compliance issues.

Over the course of his career, David has had an exemplary history of success:


Commercial Disputes:

  • Tried a case to victory challenging the existing Los Angeles Countty charitable tax deduction system and defended it on appeal. Jewish Community Centers Develop. Corp. v. County of Los Angeles
  • Tried a case to victory for a large healthcare provider and recovered over $60 million in Medicaid/Medicare underpayments.
  • Tried a case to victory for major paper products company relating to a computerized logistics system.
  • Represented a significant multi-level marketing company in federal court litigation.
  • Represented a Fortune 400 Company in responding to a federal whistleblower lawsuit.
  • Represented a major utility company in shareholder and derivative litigation.

Real Estate:

  • Tried a case to victory relating to construction issues
  • Tried a case to victory related to complex purchase transaction
  • Tried multiple cases to victory involving lot line and parcel disputes
  • Tried a case to victory that has defined the meaning of “condominium” under Los Angeles ordinances
  • Obtained a significant settlement for a Los Angeles developer relating to the construction of a luxury boutique hotel

Entertainment, Media, and Adverting Law:

  • Represents “infomercial” production companies regarding FTC compliance and litigation
  • Represents retail establishments in gift card and advertising injury cases
  • Represents talent agencies in inter-agency disputes
  • Represents production companies in matters ranging from contracting to rights of publicity/privacy
  • Represents television production companies in “reality TV” production and lawsuits
  • Represents writers in securing book, television, film, and related rights
  • Represented the No. 1 selling commercial artist in trial in a significant partnership/contract dispute

Intellectual Property:

  • Represents a leading eyeware and consumer products company in defending and securing patent and other intellectual property rights
  • Represented Pinkberry frozen yogurt in federal court litigation against copycat stores
  • Represented a major computer company in a significant patent litigation
  • Represented various computer companies in securing national and international Internet domain names
  • Prosecuted numerous cyberquatter lawsuits in the United States and Europe
  • Internal Investigations
  • Represents companies in investigations of internal accounting control issues
  • Represented a public company in investigation of fraud and embezzlement allegations

Regulatory & Environmental Compliance:

  • Represents large and small companies in Proposition 65 compliance and litigation
  • Represents companies in Transparency Act Compliance
  • Represents companies in food labeling/organic compliance

Writings and Recognitions:

David is the author of “Deaccessioning Fine Art Works: A Proposal for Heightened Security,” 36 UCLA L.Rev. 1005 (1989). While at UCLA, he was the Associate Editor of the UCLA Law Review and a member of the Moot Court Honors Program.

David publishes regularly in the fields of advertising law and litigation, art law and proposition 65 matters.

David has been an invited speaker at both UCLA and USC Law Schools and is a mentor to UCLA law students. He has been recognized as a Southern California Super Lawyer in 2007 & from 2009-2017.

Awards

Southern California Super Lawyer, 2007, 2009-2018

J.D., University of California, Los Angeles School of Law, 1989

B.A., cum laude, Vassar College, 1986

37 Weintraub Tobin Attorneys Named Among 2018 Super Lawyers and Rising Stars

Super Lawyers has released its Northern California, Southern California and San Diego lists of outstanding attorneys for 2018, on which 37 Weintraub Tobin attorneys have been included. Five Weintraub Tobin attorneys received special recognition as a Top 25 Sacramento Super Lawyer.

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Four Weintraub Tobin Attorneys selected for inclusion in Southern California’s Super Lawyers® 2018 list

LOS ANGELES, CA (January 30, 2018) – Weintraub Tobin, one of California’s leading, full-service law firms, is pleased to announce that Sherry Bragg, David R. Gabor, Andrew Gilford and Gary Waldron have been named to the 2018 Southern California “SuperLawyers” list.

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36 Weintraub Tobin Attorneys Named Among 2017 Super Lawyers and Rising Stars

Super Lawyers has released its Northern California, Southern California, and San Diego lists of outstanding attorneys for 2017, on which 36 Weintraub Tobin attorneys have been included. Six Weintraub Tobin attorneys received special recognition as a Top 25 Sacramento Super Lawyer.

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Are California Non-Profits Property Tax Exempt?

The Internal Revenue Service declared that January 23rd is the official start date of the 2017 Tax Season. Taxes can get messy for individuals and organizations, including non-profits. In 2016, Shareholder David Gabor prevailed in a bench trial and on appeal in an action representing our client,

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Four Weintraub Tobin Attorneys Recognized as “SuperLawyers” in Southern California

LOS ANGELES, CA (January 20, 2017) – Weintraub Tobin, one of California’s leading, full-service law firms, is pleased to announce that Eric Caligiuri, Jo Dale Carothers, David R. Gabor, and Gary Waldron have been named to the 2017 Southern California “SuperLawyers” list.

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33 Weintraub Tobin Attorneys Named Among 2016 Super Lawyers and Rising Stars

Super Lawyers has released its Northern California, Southern California, and San Diego lists of outstanding attorneys for 2016, on which 33 Weintraub Tobin attorneys have been included. Three Weintraub Tobin attorneys received special honors in their respective regions.

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37 Weintraub Tobin Attorneys Named Among 2015 Super Lawyers and Rising Stars

Super Lawyers has released its Northern California, Southern California, and San Diego lists of outstanding attorneys for 2015, on which 37 Weintraub Tobin attorneys have been included. Eight Weintraub Tobin attorneys received special honors in their respective regions.

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Weintraub Clients and YouTube Sensation, Anthony Padilla and Ian Hecox of Smosh Fame, Will Premiere Movie in July at VidCon

Weintraub Tobin client, Anthony Padilla and Ian Hecox of Smosh fame were featured in a Variety article announcing the premier of, “Smosh: The Movie.”  Shareholder Scott Hervey represented Ian and Anthony and executive producer Barry Blumberg in their deals. 

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Weintraub Tobin Raises Money for American Heart Association

Heart Walk Logo For a third year in a row, Weintraub Tobin is working to raise funds for cardiovascular diseases and stroke by partaking in the American Heart Association Heart Walk on Saturday,

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Weintraub Tobin Client Tracy Letts Wins Tony Award

Weintraub Tobin Chediak Coleman Grodin Law Corporation is proud to announce that our client Tracy Letts has won a 2013 Tony Award for his role in “Who’s Afraid of Virginia Woolf?” Letts took home the award Sunday for best performance by an actor in a play for his portrayal of George in Edward Albee’s famous play.

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Legendary and the Dowdle Brothers to Make Low Budget Thriller (Variety)

Dowdle Brothers Weintraub clients John and Drew Dowdle will co-write the upcoming microbudget thriller: “As Above, So Below” for Legendary Pictures. According to Variety, the film will be set in the catacombs beneath Paris where two archeologists look for hidden treasure.

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A Chicken Sandwich is Not Copyrightable – Really?

As reported in Law 360 and other outlets, the First Circuit has ruled that a chicken sandwich, no matter how amazingly delicious it may be, cannot be copyrighted. A Puerto Rican epicure named Norberto Lorenzana argued that he created the “Pechu Sandwich” which is “a fried chicken breast patty,

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The Power of the Press Release II: A Suggestion For Heightened Scrutiny of Governmental Prosecutorial Pre-trial Public Announcements

By David Gabor In Russell G. Ryan’s recent thoughtful article in the Wall Street Journal entitled “Get the SEC Out Of The PR Business,” he raised several issues that resonate well beyond the practices of the SEC and into the world of advertising law,

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At Least the Court Didn’t Blow This Call . . . Thoughts on the Oklahoma City High School Football Case

By David Gabor It’s not exactly a decision in the intellectual property sphere, but a recent ruling by a judge in Oklahoma City, Oklahoma related to a botched call in a high school football game deserves to be called-out for praise.

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Vicarious Liability Under the Lanham Act: The Amazon Affiliate Case

By David Gabor In a sensible decision, the Ninth Circuit Court of Appeals recently ruled that Amazon.com Inc. is not vicariously liable for copyright infringement based upon the conduct of its Associates who use copyrighted photos without permission on their linked websites.

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Federal Regulatory Authority and Power of the Press Release

By David Gabor Among the unstated powers of the federal (and sometimes state) government that few litigation targets think about is the power of the press release. Prosecutors, whether at the agency level or above (for example,

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“Buckyballs” and The Perils of Challenging Federal Powers Of Advertising Regulation

By: David Gabor As someone who has litigated extensively against federal regulators on advertising issues, I have first-hand knowledge of how difficult it is to prevail in a case brought by the feds.

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Kind Bar or Clif Bar: A Transparent Trade Dress Dispute

By: David Gabor A recently filed in New York federal court lawsuit between Kind, LLC (the maker of the Kind Energy Bar) and Clif Bar & Co. (the maker of various iterations of the Clif Energy Bar),

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Tweet, Tweet, Sue, Sue: Corporate Twitter Feeds and The Lanham Act

By: David Gabor A case filed on April 9, 2014 in New York Federal District Court highlights the tension between celebrity endorsements and ordinary First Amendment communications in the digital age.

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Regulation Creep In The Nanny State:The Proposed Not-So-Safe-Harbor Enactment In Proposition 65 Advertising Regulations

By: David Gabor Thomas Jefferson once famously warned that, “The natural progress of things is for liberty to yield and government to gain ground.” In the current political climate, this certainly seems to be the case.

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The Proposed Not-So-Safe Harbor Enactment In Proposition 65 Advertising Regulations

By: David Gabor Thomas Jefferson once famously warned that, “The natural progress of things is for liberty to yield and government to gain ground.” In the current political climate, this certainly seems to be the case.

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No E-Smoking Please, We Are European!

By David R. Gabor For those of us old enough to remember, the bars, restaurants and salons of Europe were once literally awash in smoke so thick you could cut it with the proverbial knife.

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New Trends in Proposition 65 Litigation – 2014

By: David Gabor The following is a recap of trends as to targets of recent California Proposition 65 litigation. As anyone who has been named in such a suit can attest,

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Red Rothko: Confidentiality Agreements in the World of Big Art

By David R. Gabor I. The Art World Is No Longer A Quiet Place Decades ago, a former counsel for the Metropolitan Museum of Art in New York City commented that transactions in the art world are generally very “hush-hush”

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Proposition 65 – Twenty-Seven Years Later And Still No Observable Effect

By David Gabor Professor Michael L. Marlow of Cal Poly San Luis Obispo recently published a preview of his paper on cancer rates and Proposition 65 entitled, “Too Much (Questionable) Information?” See Wall Street Journal,

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The Long Lashes of the Law: Fed Circuit Rejects Nation-wide Application of California § 17200

By David Gabor On December 30, 2013, the Federal Court of Appeals, in Allergan, Inc. v. Athena Cosmetics, Inc., et al., an as-yet unpublished decision, affirmed a California District Court ruling that has the potential significantly to affect advertising law and the use of the California unfair competition statute at B&P Code §17200,

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What Are You Smoking? Notes on the Increase in State and Local Regulation of E-Cigarettes

By: David Gabor The FDA defines electronic cigarettes, also known as e-cigarettes, “e-cigs” or “vapes” (as in vapors), as “battery operated products designed to deliver nicotine, flavor and other chemicals. They turn nicotine,

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