David Banie

Areas of Practice

  • Business Litigation
  • Commercial Litigation
  • Intellectual Property Litigation
  • Securities Litigation
  • Unfair Competition

Bar Admissions

  • California
  • U.S. District Court Northern District of California
  • U.S. District Court Central District of California
  • U.S. District Court Southern District of California
  • U.S. District Court Eastern District of California

Past Employment Positions

  • Pranger Law PC, Of Counsel
  • Ruckus Networks, In-House Litigation Consultant
  • Banie & Ishimoto LLP, Founding Partner
  • University de Deusto, Adjunct Professor
  • DLA Piper US LLP, Associate Attorney


  • Santa Clara University School of Law, Santa Clara, California
  • Santa Clara University Leavey School of Business
  • University of California at San Diego

Published Decisions

  • Farmgirl Flowers, Inc. v. Bloom That, Inc., No. 14–CV–05657–LHK, 2015 WL 1939424 (N.D. Cal. Apr. 28, 2015) (motion for preliminary injunction denied; plaintiff “failed to carry its burden to establish that Farmgirl’s alleged trade dress, a burlap wrap for live flowers, is likely non-functional when measured by its utilitarian properties or its aesthetic properties”)
  • In re Finisar Corp. Deriv. Litig., 542 F.Supp.2d 980 (N.D. Cal. 2011) (motion to dismiss shareholder derivative lawsuit based on violations of federal securities laws and state-law claims granted by application of Delaware law; plaintiff failed to allege demand futility in connection with theory of stock options backdating scheme)
  • Meridian Project Systems, Inc. v. Hardin Construction, LLC, 426 F.Supp.2d 1101 (E.D. Cal. 2006) (motion for partial summary judgment brought on behalf of project management software developer granted in part; licensor of software breached terms of end-user shrinkwrap license, thereby infringing licensor’s copyright, by using software’s copyrighted “help files” as blueprint to create competing software)
  • In re Applied Signal Technologies, Inc. Sec. Litig., No. C 05-1027 SBA, 2006 WL 1050174 (N.D. Cal. Feb. 8. 2006) (motion to dismiss complaint for claims of violations of Sections 10(b) and 20(a) of the Exchange Act and Rule 10b-5 granted; defendant AXT’s disclosures about backlog were not actionable as forward-looking statements accompanied by precautionary language and not representative of actual sales)
  • Morgan v. AXT, Inc., Nos. C 04-4362 MJJ and C 05-5106 MJJ, 2005 WL 2347125 (N.D. Cal. Sept. 23, 2005) (motion to dismiss complaint for claims of violations of Sections 10(b) and 20(a) of the Exchange Act and Rule 10b-5 granted; plaintiff failed to plead that accounting practices employed by defendant were improper or that defendant knew specific facts at the time that rendered accounting determinations fraudulent)
  • Meridian Project Systems, Inc. v. Hardin Construction, LLC, 404 F.Supp.2d 1214 (E.D. Cal. 2005) (motion to dismiss defendant’s counterclaims granted in part; defendant licensor failed to plead that plaintiff licensee’s filing of copyright infringement lawsuit fell within “sham litigation” exception to Noerr-Pennington immunity arising out of antitrust law)
  • Wietschner v. Monterey Pasta Company, 294 F.Supp.2d 1102 (N.D. Cal. 2003) (motion to dismiss complaint for claims of violations of Sections 10(b) and 20(a) of the Exchange Act and Rule 10b-5 granted; plaintiff’s allegations that defendant engaged in “channel stuffing” to artificially inflate sales and earnings figures found deficient)


David is an experienced business and intellectual property litigator with over 20 years of experience. He has worked at top law firms, in-house at a technology company, and as a founding partner at his own boutique law firm. David has experience in business and commercial disputes involving claims of fraud, breach of contract, interference, and breach of fiduciary duties, as well as intellectual property disputes involving trademarks, copyrights, trade dress, and trade secrets.

David has extensive experience in all aspects of litigating cases for trial, including pre-lawsuit investigation, formulating case strategy, managing all phases of fact and expert discovery, and engaging in all forms of motion practice, pre-trial filings, trial, and post-trial motion practice. He also devises early litigation exit strategies by using a variety of formal and informal procedures.

David has worked with a variety of clients, including technology companies, startups, and individuals, representing them in a variety of litigation matters. He has also collaborated with outside counsel as an in-house litigation consultant to set litigation strategy, supervise outside counsel staffing and work product, reduce case spend rate, and set and follow case budgets. David has taught Introduction to U.S. Law to European undergraduate and graduate students at the University de Deusto in Bilbao, Spain.

David’s experience also includes working as a research attorney extern for the Superior Court, County of Santa Clara, where he briefed judges regarding various law and motion and discovery disputes.

David Banie