David J. Lender
`
`Partner New York
`
`+1 (212) 310-8153
`
`david.lender@weil.com
`
`Practice Areas:
`› Complex Commercial Litigation
`
`Sectors:
`› Energy
`› Financial Services
`› Technology
`
`Admissions:
`› US Court of Appeals 2nd Cir.
`› US Court of Appeals 3rd Cir.
`› US Court of Appeals 4th Cir.
`› US Court of Appeals 9th Cir.
`› Eastern District New York
`› US Ct App Federal Circuit
`› New York State
`› Southern District New York
`› US Supreme Court
`› US Tax Court
`
`Education:
`› Duke University (Bachelor of Arts (B.A.),
`cum laude, 1990)
`› Duke University School of Law (Juris Doc-
`tor (J.D.), with high honors, 1993)
`
`
`
`David Lender is Co-Chair of Weil’s global Litigation Department
`and has over 20 years of experience trying and litigating complex
`international commercial disputes in state and federal courts around
`the country, as well as in arbitration proceedings.
`
`Mr. Lender’s multi-disciplinary practice encompasses matters involving
`RICO, patent, antitrust, consumer fraud, and contracts issues, among others,
`including in the class action context. He has tried numerous cases to verdict
`– many of which have resulted in his clients obtaining, or avoiding, hundreds
`of millions of dollars in damages.
`
`Mr. Lender’s notable recent engagements include:
`
`› Successfully representing General Electric in a multi-jurisdictional dispute with Japan-based Mitsubishi
`Heavy Industries Ltd. regarding wind turbine technology, including a $170 million jury verdict against MHI
`in a patent infringement litigation in Texas federal court – a significant victory that The Wall Street Journal
`called “closely watched in the estimated $12 billion U.S. market for wind energy equipment.” Mr. Lender
`was recognized as one of TheAmerican Lawyer’s “Litigators of the Week” for his role in obtaining this
`verdict.
`› Serving as lead nationwide counsel for Credit Suisse and its affiliates in a series of multi-jurisdictional,
`multi-faceted disputes worth billions of dollars relating to syndicated real estate loans made to resort devel-
`opments across the U.S., including obtaining the dismissal of all claims and defeating class certification in a
`$24 billion RICO class action in Idaho federal court.
`› Representing GE’s healthcare division in a patent infringement action brought by a competitor, Hill-Rom,
`relating to hand-hygiene compliance monitoring systems for use in hospitals and healthcare facilities. De-
`feated Hill-Rom’s motion for a preliminary injunction, and ultimately secured a favorable global settlement
`resolving all claims.
`› Serving as lead trial counsel for ExxonMobil in a number of disputes in state and federal courts relating
`to the use of MTBE as an additive in gasoline. The actions have been brought by various states, including
`Vermont and New Jersey, seeking to recover for alleged groundwater contamination at sites throughout
`those states.
`› Successfully representing Dow Chemical in highly publicized, multi-jurisdictional litigation brought by
`Greenpeace, including obtaining the dismissal of a RICO case in Washington, DC federal court, and the
`dismissal, affirmed on appeal, of an invasion of privacy case in DC Superior Court and the DC Court of
`Appeals. Greenpeace alleged that Dow and other companies engaged in illegal surveillance and stole infor-
`mation about Greenpeace’s investigation of the companies’ conduct and alleged impact on the environment.
`Mr. Lender’s other significant trial and litigation achievements include:
`
`› Winning a complete defense jury verdict for ESPN in New York Supreme Court in a $231 million lawsuit
`brought by Modi Entertainment Network regarding the launch of the ESPN channel in India, a case requir-
`ing the application of both New York and Indian law.
`› Securing a $417 million jury verdict for Exxon Mobil Corporation against Saudi Basic Industries Corpo-
`ration, one of the largest petrochemical companies in the world, in Delaware Superior Court, where he
`asserted claims for breach of contract and usurpation under Saudi Arabian law.
`
`1
`
`
`Weil, Gotshal & Manges LLP
`
`weil.com
`
`GE v. UTC
`IPR2016-00952
`GE-1036.001
`
`

`

`› Serving as co-lead counsel for ESPN in a $1 billion defamation lawsuit brought by boxing promoter Don
`King, whom he deposed before obtaining summary judgment.
`› Representing Sotheby’s in a number of litigations relating to its auctions, including winning a complete
`defense verdict involving a consignment of 17th-century New Mexican furniture and decorative arts.
`Mr. Lender has played an instrumental role in protecting his clients’ valuable technology, much of which gears
`the ubiquitous products and daily transactions underpinning the economy today. In 2015, following oral argu-
`ment before the Federal Circuit, Mr. Lender secured for Microsoft the affirmation of a lower court’s decision
`granting summary judgment of non-infringement and invalidity, a ruling that dismissed a patent infringement ac-
`tion relating to an invention that enables certain capabilities of speech recognition and word processing software.
`In 2012, Mr. Lender won a major appellate victory for StubHub before the North Carolina Court of Appeals,
`which, on an issue of first impression, ruled that StubHub was immune from liability under the federal Communi-
`cations Decency Act for the unlawful price of concert tickets resold by third parties on its website – a decision of
`critical importance to Internet websites and the growth of e-commerce. In 2013, Financial Times highlighted Mr.
`Lender’s work on this and other matters in the “Lawyers to the Innovators” section of the publication’s annual
`“US Innovative Lawyers” report.
`
`Mr. Lender is a recognized expert, author and frequent lecturer on electronic discovery issues. He is the co-author
`of the leading treatise on the subject, entitled Electronic Discovery: Law and Practice, originally published by
`Aspen Publishers in 2003, author of Privilege Issues in the Age of Electronic Discovery, originally published by
`BNA in 2008, and head of the Firm’s E-Discovery Task Force.
`
`He is regularly recognized as a leading trial lawyer and litigator by Legal 500, Chambers USA, and Benchmark
`Litigation. In 2017, Chambers USA again recognized him as among the top commercial litigators in New York,
`with clients noting that he “consistently delivers winning results at extremely efficient cost,” while the 2017
`edition of Legal 500 named him among the leading trial lawyers nationwide. In 2012, he was recognized as one
`of five “Class Action MVPs” nationwide by Law360 and named among the Lawdragon 500 Leading Lawyers
`in America.
`
`Mr. Lender is on the Executive Board of New York Lawyers for the Public Interest and recently won a jury ver-
`dict in the Southern District of New York for a prisoner in a §1983 lawsuit.
`
`Mr. Lender received his J.D. degree with High Honors, Order of the Coif from the Duke University School of
`Law in 1993, and his B.A. degree, cum laude, from Duke University in 1990. He currently serves on the Board
`of Visitors of Duke University School of Law.
`
`Notable Representations
`
`
`
`weil.com
`
`2
`
`
`Weil, Gotshal & Manges LLP
`
`GE v. UTC
`IPR2016-00952
`GE-1036.002
`
`