David Nied
Partner
PRACTICE AREAS
Appeals & Writs,
Business Litigation,
Civil Rights & Public Interest,
Intellectual Property Litigation,
Labor & Employment,
Professional Liability,
Public Entities,
Real Estate & Construction,
Securities Litigation & Enforcement
David Nied is an experienced trial and appellate lawyer who has represented private companies, public entities, and individuals in a wide range of disputes for more than 20 years. He has litigated business disputes involving claims of breach of contract, fraud, misappropriation of trade secrets, unfair competition and other business torts. He has handled cases for employers and former employees involving the violation of non-competition, non-solicitation and confidentiality agreements. He has represented parties involved in partnership dissolutions and has handled internal membership disputes for limited liability corporations. He has represented developers and partners in complex real estate disputes, especially with respect to vineyard and other wine country developments. He has represented insurers in insurance coverage and bad faith lawsuits. He has prosecuted and defended legal malpractice lawsuits involving claims of professional negligence and the violation of the rules of professional conduct. He has represented contractors and owners in numerous construction disputes, ranging from small renovation projects to multi-million dollar extra work claims. He also has spent significant time on labor, employment and civil rights matters, principally on behalf of public entities but also for private companies and individual plaintiffs.
Mr. Nied has been named by Super Lawyers magazine as one of the top attorneys in Northern California every year since 2005. He is a Master of the Edward J. McFetridge American Inn of Court, serving on the Executive Committee as the Secretary-Treasurer. He also is a member of the Association of Business Trial Lawyers and the American Bar Association, and he has served as a panelist in the Bar Association of San Francisco's Early Settlement Program. He is a Life Fellow of the American Bar Foundation. He has served previously on the legal advisory committee for the Associated General Contractors.
Mr. Nied received his bachelor of arts degree, with honors and distinction, from Stanford University in 1981. He is a member of Phi Beta Kappa. He
received his law degree, cum laude, from Harvard Law School in 1985.
REPRESENTATIVE CASES
- Represents school district defending an attack on the constitutional and statutory validity of a voter-approved parcel tax.
- Represented plaintiff-intervenor in an employment discrimination action in federal court under Title VII and the California Fair Employment and Housing Act. Result: court entered a favorable consent decree for equitable and monetary relief. EEOC v. Albion River Inn, Inc., No. 3:06-cv-5356 (N.D. Cal.).
- Represented defendant in action brought by former business partner alleging malicious prosecution. Result: appellate court affirmed dismissal of complaint pursuant to anti-SLAPP statute. Currier v. Chow, 2007 WL 1723945 (Cal. App. 2007).
- Represented defendant in action brought by former business partner alleging fraud and antitrust violations. Result: appellate court affirmed dismissal of complaint. Currier v. Chow, 2007 WL 2003771 (9th Cir. 2007).
- Represented defendant school district in proceedings to challenge termination of employment of teacher. Result: appellate court affirmed dismissal of petition. Schnee v. Alameda Unified School District, 155 Cal. App. 4th 555 (2004).
- Represented insurer in a coverage dispute with an attorney who sought a defense in an arbitration with his former law partner. Result: appellate court affirmed summary judgment for insurer. Gauntlett v. Certain Underwriters at Lloyd’s London, 2001 WL 1452217.
- Represented defendant Transit District in one-week bench trial of employment discrimination action under the California Fair Employment and Housing Act. Result: court granted defense motion for judgment after close of plaintiff's case. Gizzarelli v. Santa Clara County Transit District, No. CV 710250 (Santa Clara County Superior Court).
- Represented ship repair company in two-week bench trial of multi-million dollar contract dispute with British Petroleum. Result: confidential settlement just before closing argument. Southwest Marine, Inc. v. Shipco 2296, Inc., No. CV 91-1108 (D. Ore.).
- Represented defendant County on retrial of damages only in employment discrimination case; one-week jury trial resulted in reduced verdict of $700,000, after first trial had resulted in plaintiff's verdict of $2.1 million. Murphy v. County of Santa Clara, No. C89-02328 (N.D. Cal.).
- Represented plaintiffs in a police brutality case; six-week jury trial resulted in plaintiffs' verdict of just over $1 million; defended appeal and was reversed; retrial ended in mistrial due to hung jury. Ward v. City of San Jose, 737 F.Supp. 1502 (N.D. Cal. 1989), aff'd in part, rev'd in part and remanded, 967 F.2d 280 (9th Cir. 1991).
CONTACT
phone: (415) 352-3000
direct: (415) 277-9001
fax: (415) 352-3030
dnied@chapop.com
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