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David J. Lenci

Partner
+1.206.370.5839
Fax +1.206.370.6112
David Lenci is an experienced trial attorney. He has represented clients from both the public sector and the private sector in complex civil litigation for over 20 years. David's practice emphasizes business litigation including antitrust, unfair competition, trademark and copyright infringement, franchise disputes, securities fraud, broker–dealer disputes, partnership disputes, and land use permit and fee disputes.

David has worked on various federal multi–district securities fraud, antitrust and consumer class actions in his career. He has also pursued numerous copyright and trademark cases for participants in the entertainment industry. He recently has defended several Asian clients, including prominent Chinese companies, involved in commercial disputes here in U.S. Courts.

David has been active in professional and community affairs throughout his career. He has served as a mediator, an arbitrator and pro tem judge. He also volunteers as a fee dispute arbitrator with the Washington State Bar Association. A 1996 graduate of the Leadership Tomorrow Program, David is currently on the board of directors of the KSER Foundation, the only community public FM radio station in Snohomish County. Previously, he was a founder of Washington Works, a non–profit work skills education program, and of Steps Ahead, a non–profit mentoring program for at–risk youths in Seattle high schools.

Professional Background

Prior to joining K&L Gates, David was a trial attorney with the Antitrust Division of the U.S. Department of Justice for over five years and served three years as the chief civil litigator for the Snohomish County Prosecutor's office. In addition, he was a litigation partner in the former Seattle antitrust specialty firm of Culp, Guterson & Grader.

  • Chase Manhattan Bank v. Iridium China: Defense of Chinese investors in failed global wireless communications satellite system.
  • Chase Manhattan Bank v. BCE Mobile and China Aerospace: Defense of Chinese company against guaranty claim.
  • Kim v. Streambox: Claims by Asian software developer against American internet company.
  • In re Expedia Shareholder litigation: Defend majority shareholders and directors against class action claims opposing proposed sale of company.
  • Bartells v. A.P. Green: Action establishing liability for multi–million dollar securities fraud in purchase and sale of business.
  • Chemical Bank v. WPPSS: Defense of multi–billion securities fraud class action against municipal bond issuer.
  • Symonds v. Dynegy Inc, et al. Defend energy company against class action claims for anti–competitive and unfair trade practices in power marketing in Pacific Northwest.
  • Sundquist Homes v. Snohomish County: Defend 9 school districts against class action claims of developers for recovery of school impact fees.
  • Dillingham v. Western Pioneer: Defended an antitrust class action against Alaskan fuel supplier alleging conspiracy to restrain trade and attempted monopolization.
  • United States v. Capitol Services: Prosecuted federal antitrust action to enjoin anti–competitive motion picture licensing agreements.
  • Columbia Pictures v. SST Enterprises: Prosecution of claims for satellite signal theft and unauthorized performance of copyrighted and trademarked motion pictures.
  • Universal Pictures v. Scarecrow Video: Prosecution of video piracy claims for unauthorized recording and distribution of copyrighted and trademarked motion pictures.
  • Phillip Morris v. Viet Wah: Defend Asian owned business against trademark and unfair competition claims.
  • Jungle Jim's v. Carkonen: Action establishing federal trademark and “trade dress“ protection for restaurant décor.
  • Clayburn v. Gillam: Defense of theft and misappropriation of trade secrets action against upper level construction company official.
  • LG Decorative Surfaces v. SIMCO: Action by nationwide supplier of custom building products against terminated regional distributor for breach of distribution agreement.
  • Bartells v. Travelers Insurance: Action establishing liability insurance coverage for asbestos related claims under policies issued by twenty different insurance companies over a thirty year period.
  • Nolan v. Snohomish County: Defense of multi–million dollar damage suit by land developer for wrongful delay and denial of subdivision permit application.

David Lenci is an experienced trial attorney and dispute counselor.  He has represented clients from both the public sector and the private sector in complex civil litigation for over 30 years.  David's practice emphasizes business litigation and corporate advice involving antitrust, unfair competition, trademark and copyright infringement, franchise disputes, class action defense, securities fraud, insurance coverage, and intra-corporate partnership disputes. 

During several years with the Antitrust Division of the Department of Justice, David worked on numerous merger reviews and litigated both criminal prosecutions and civil suits.  He also participated in an industry-wide investigation of shared monopolistic practices in basic industries.  Subsequently, in private practice, he has represented both plaintiffs and defendants in various federal and/or state antitrust cases involving products, services and commodities ranging from federal timber sales to gasoline distribution.

David has been active in professional and community affairs throughout his career.  He teaches antitrust in the Intellectual Property LLM program at the University of Washington School of Law.  He is a Bar Examiner for the Washington State Bar Association.  He serves on the Civil Practice Committee of the American Bar Association's Antitrust Section.

Representative Matters

  • United States v. J.R. McDermott. Prosecution of criminal action regarding concerted monopolistic practices in off-shore oil and gas production market.
  • United States v. Capitol Services. Prosecuted federal antitrust action to enjoin anti-competitive motion picture licensing agreements.
  • United States v. SAFT. Challenge to merger lessening competition in market for rechargeable dry cells.
  • United States v. UnderSea Industries. Civil action challenging restrictive marketing practices for recreational equipment.
  • United States v. Portac. Defended Pacific Northwest timber company against federal criminal and civil charges of conspiracy and bid rigging in national forest timber sales.
  • WPPSS v. Getty Oil. Prosecuted private treble damages case against international uranium cartel.
  • Dillingham v. Western Pioneer. Defended an antitrust class action against Alaskan fuel supplier alleging conspiracy to restrain trade and attempted monopolization.
  • Major/Freeman v. Memorial Hospital. Action by three anesthesiologists for damages due to conspiracy to exclude them from competition at local hospital.
  • Columbia Pictures v. SST Enterprises. Prosecution of claims for satellite signal theft and unauthorized performance of copyrighted and trademarked motion pictures.
  • Universal Pictures v. Scarecrow Video. Prosecution of video piracy claims for unauthorized recording and distribution of copyrighted and trademarked motion pictures.
  • Witham v. Olympic Medical Center. Civil action against hospital and rival physicians group for federal antitrust and unfair competition claims.

Publications

  • Business Torts and Unfair Competition Handbook, 2nd Edition, published by ABA Antitrust Section, 2006.

David Lenci is an experienced trial attorney. He has represented clients from both the public and private sectors in complex civil litigation for more than 20 years. David's practice emphasizes business litigation and corporate advice involving shareholder derivative and class action securities claims, investor- broker/dealer disputes, SEC investigations and enforcement actions, intra-corporate/partnership disputes, unfair competition and trademark and copyright infringement. He was a civil and criminal trial attorney with the U.S. Department of Justice for over five years and served three years as the chief civil litigator for the Snohomish County Prosecutor's Office. In addition, he was a litigation partner in the former Seattle firm of Culp, Guterson & Grader.

David has worked on various federal multi-district securities fraud, antitrust and consumer class actions in his career. He has also pursued numerous copyright and trademark cases for participants in the entertainment industry. He recently defended several Asian clients, including prominent Chinese companies, involved in commercial disputes in U.S. Courts.

David has been active in professional and community affairs throughout his career. He has served as a mediator, an arbitrator and a pro tem judge. He also volunteers as a fee dispute arbitrator with the Washington State Bar Association. A 1996 graduate of the Leadership Tomorrow Program, David is currently on the board of directors of the KSER Foundation, the only community public FM radio station in Snohomish County. Previously, he was a founder of Washington Works, a non-profit work skills education program, and of Steps Ahead, a non-profit mentoring program for at-risk youths in Seattle high schools.

Representative Matters

  • In re Expedia Shareholder litigation: Defend majority shareholders and directors against class action claims opposing proposed sale of company.
  • In re Immunex Shareholder Litigation: Represented largest shareholder and board members against class action challenging adequacy of disclosures made in connection with acquisition.
  • Cloud v. Acceris: Represented minority shareholders in derivative action against majority shareholder and directors for corporate mismanagement and related claims.
  • SEC v. Hartcourt Co: Represented publicly traded securities issuer in SEC enforcement action alleging improper IPO practices.
  • Chase Manhattan Bank v. Iridium China: Defense of Chinese investors in failed global wireless communications satellite system.
  • Chase Manhattan Bank v. BCE Mobile and China Aerospace: Defense of Chinese company against guaranty claim.
  • Kim v. Streambox: Claims by Asian software developer against an American internet company.
  • Bartells v. A.P. Green: Action establishing liability for multi-million dollar securities fraud in purchase and sale of business.
  • Chemical Bank v. WPPSS: Defense of multi-billion securities fraud class action against municipal bond issuer.
  • Symonds v. Dynegy Inc, et al. Defend energy company against class action claims for anti-competitive and unfair trade practices in power marketing in Pacific Northwest.
  • Sundquist Homes v. Snohomish County: Defend 9 school districts against class action claims of developers for recovery of school impact fees.
  • United States v. Capitol Services: Prosecuted federal antitrust action to enjoin anti-competitive motion picture licensing agreements.
  • Columbia Pictures v. SST Enterprises: Prosecution of claims for satellite signal theft and unauthorized performance of copyrighted and trademarked motion pictures.
  • Universal Pictures v. Scarecrow Video: Prosecution of video piracy claims for unauthorized recording and distribution of copyrighted and trademarked motion pictures.
  • Phillip Morris v. Viet Wah: Defend Asian owned business against trademark and unfair competition claims.
  • Jungle Jim's v. Carkonen: Action establishing federal trademark and "trade dress" protection for restaurant décor.
  • Clayburn v. Gillam: Defense of theft and misappropriation of trade secrets action against upper level construction company official.
  • LG Decorative Surfaces v. SIMCO: Action by nationwide supplier of custom building products against terminated regional distributor for breach of distribution agreement.
  • Bartells v. Travelers Insurance: Action establishing liability insurance coverage for asbestos related claims under policies issued by twenty different insurance companies over a thirty year period.