David C. Scheper

Some of the experience represented above and below may have been handled at a previous firm.

Other Key Civil Matters

David is more than a lawyers’ lawyer. In recent years, David has represented major banks in a variety of forums and served as lead counsel for a German-based manufacturer of wind turbines in multiple international arbitrations involving allegations of design defects and fraudulent inducement, resulting in a favorable outcome for his client. His engagements also include:

• Obtained a unanimous ruling in the Ninth Circuit Court of Appeals, affirming an earlier win dismissing a lawsuit where a plaintiff claimed she was owed a 10% commission on client LaMelo Ball’s multimillion-dollar shoe endorsement deal.
• Served as lead trial counsel and helped obtain a favorable settlement for a California software company in a trade secrets and patent infringement case. After the settlement’s terms were announced, the client’s market cap doubled.
• Served as lead trial counsel in an across-the-board defense verdict in federal court in Los Angeles for the chairman and CEO of a public company in a securities and insider trading action brought by the SEC.
• Served as lead counsel in an arbitration in which his client was sued for more than US$100M. The claimant secured a small fraction of the recovery sought, after which the case settled on advantageous terms for the client.
• Represented a Chinese technology company in a dispute brought by a customer. After the client’s motion to dismiss was filed, the customer dismissed the case, and the matter was quickly resolved in the client’s favor.
• Defense verdict after a federal court trial in Fresno on behalf of a major beverage manufacturer sued for breach of a licensing agreement.
• Successful defense of a major supplier of medical equipment in an injunctive action, leading to swift dismissal of the action.
• Successful defense at trial of a national investment real estate firm accused of intentional interference with contractual relations.
• Representation of a Fortune 20 telecommunications firm in a variety of actions.
• Successful representation of a defense contractor in a False Claims Act (FCA) case involving the National Missile Defense Program.
• Representation of an international architectural firm in a multimillion-dollar uninsured FCA case resulting in a nuisance value settlement on the eve of trial.
• Successful representation of a Midwest bank in a RICO case.
• Negotiation of multimillion-dollar severance packages for high-level executives at a closely held corporation.
• Multiple representations of individuals and companies in securities and antitrust litigation.

Key White-Collar and Investigatory Engagements

David’s white-collar practice is similarly diverse. He currently serves as lead counsel for a partner of an international law firm facing conflict of interest charges, and recently negotiated a deferred prosecution agreement in a food contamination case for an international restaurant chain. His engagements also include:

• Led a large team of Winston attorneys and paralegals in an internal investigation on behalf of the Audit Committee of an investment bank relating to its relationship to a suspected fraudster. Despite a relentless and reckless onslaught from short-sellers, the company received a clean audit and its stock price soared upon release of Winston’s findings.
• Prevailed in an evidentiary hearing in federal court on the question of whether a client’s unreported income was derived from honest services fraud. Under a preponderance of the evidence standard, rather than proof beyond a reasonable doubt, David’s client was found not guilty.
• Secured a declination in a case arising under the Clean Air Act on behalf of a construction project management firm four years after the company received a target notice.
• Helped secure a non-criminal resolution for a prominent international restaurant in a Fortune 300 food safety case.
• Secured post-indictment dismissal of all federal criminal charges in a closely watched theft of trade secrets case.
• Obtained declinations, after his client had received target notices, from both the Manhattan United States Attorney’s Office and the Los Angeles office of the SEC in an insider trading case.
• Achieved a non-prosecution agreement for a Fortune 300 company in a case arising in Hawaii under the Clean Water Act.
• Represented senior executives and companies in investigations involving, among other things, export violations, FCPA violations, backdating stock options, off-label promotion in the pharmaceutical arena, Medicare and Medi-Cal fraud, bankruptcy fraud, tax fraud, securities fraud, investment fraud, and federal and state antitrust defense.
• Led internal investigations around the world into allegations of wrongdoing by employees of multiple Fortune 500 companies.