David Rhodes has nearly two decades of experience litigating insurance and business disputes before federal and state courts and arbitrators. He has successfully defended clients against many types of claims including those relating to: insurance coverage under professional liability and other kinds of policies; bad faith insurance claims handling; real estate claims; appraisals; breach of corporate and joint venture fiduciary duties; securities fraud class actions; corporate governance and business judgment issues; and breach of contract. David also represents insurance companies in pursuing subrogation claims to recover amounts paid to their policy-holders from third parties. His broad litigation experience includes early litigation planning and strategy, pre-trial motions and discovery, trial, and post-trial practice.
David clerked at the Federal Court of Appeal of Canada and worked at an international law firm in London.
Admissions
California
Education
LL.M., Harvard Law School, 2000
LL.B., with great distinction,McGill University, Montreal, Canada, 1998
B.C.L., with great distinction, McGill University, Montreal, Canada, 1998
Memberships
Professional Liability Underwriting Society (PLUS)
Experience
Won summary judgment for insurer in environmental coverage dispute regarding application of the sudden and accidental pollution exclusion
Obtained summary judgment in favor of insurer client relating to application of asbestos exclusion in policy
Obtained summary judgment for an excess insurance company relating to claims arising out of a deadly industrial accident
Obtained summary judgment for an insurance company on a professional liability claim arising out of brokering of non-admitted marine insurance
Pursuing a number of subrogation actions on behalf of insurers
Defended a corporate executive against federal securities fraud claims brought by the SEC
Defended a major bank against federal securities class action claims
Defended a company, its board and its owner against claimed breaches of fiduciary duty in a going-private transaction
Defended a major precious metals trading firm against claims by the CFTC that it violated novel federal commodity trading laws
Defended a global oil company against claims of misuse of proprietary information in investing in the former Soviet Union
Defended a global oil company in arbitration against claims of breach-of-contract, RICO, fraud and improper accounting
Presentations
“A Primer on the EB-5 Investor Immigration Program,” Real Estate Investors Association of Orange County, California, October 2014
“Insider Trading: Aggressive Enforcement and Some Thoughts on How to Stay Out of Trouble,” Beta Sigma Business School Alumni Honors Society, San Francisco, California, June 2013
“Lessons From Litigation: How to Protect Yourself in Establishing a Real Estate Joint Venture,” Real Estate Investors Association of Orange County, California, October 2012
Publications
Co-author, “Insider Trading Enforcement Is Getting Faster, More Aggressive and More Sophisticated,” Orange County Business Journal, April 2013
Co-author, “Reverse Mergers and the Rise of SEC Investigations and Shareholder Lawsuits Involving Chinese Companies Listed on US Stock Exchanges,” Bloomberg Law Reports, March 2012
