David A. Harford
David A. Harford
David A. Harford
Biography
David Harford is a trial attorney practicing in BCLP's Business & Commercial Disputes group. David focuses his practice on the resolution of disputes relating to franchise law. He has litigated cases regarding
- the termination of franchise and distribution rights;
- the assertion of franchise rights;
- the relations between franchisors and franchisees;
- and the representations made in connection with the purchase and sale of franchise, trademark and distribution rights.
David has also represented a wide variety of other commercial institutions such as lenders, food ingredient manufacturers and distributors, consumer technology companies, new and internet media companies, and financial institutions. David continues to be a lead lawyer at the firm with the prosecution and defense of complex business disputes; and the defense of consumer and personal injury claims brought by individual and class action plaintiffs.
David is an aggressive practitioner with extensive experience litigating pre-judgment remedies such as attachment, receivership, and injunctions. David brings his experience to all phases of litigation. David has tried a lengthy arbitration, several bench and jury trials, and handled numerous appeals.
David is certified by the State Bar of California as a Specialist in Franchise and Distribution Law and is also an associate editor for the Franchise Law Journal.
Civic Involvement & Honors
David was included in the 2024 edition of the Best Lawyers: Ones to Watch® in America for his work in Commercial Litigation.
David served as a volunteer trial attorney for the Anaheim City Prosecutor’s Office for the month of October 2016 through the Los Angeles County Bar Association’s Traditional Trial Advocacy Program.
Admissions
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California, 2010
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New York, 2010
Education
Columbia University, J.D., 2009, Stone Scholar
Emory University, B.A., with highest honors, 2005
Related Practice Areas
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Business & Commercial Disputes
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Franchising
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Intellectual Property and Technology
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Corporate
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Litigation & Dispute Resolution
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Regulation, Compliance & Advisory
Experience
- Key member of trial team that obtained a $28 million jury verdict in a patent ownership dispute.
- Obtained order vacating JAMS arbitration award because JAMS failed to disclose that the arbitrator was a JAMS shareholder who shared in the profits of 97 other arbitrations in which adversary was a party in Monster Energy Corp. v. City Beverages, LLC, 940 F.3d 1130 (9th Cir. October 22, 2019).
- Obtained district court order denying request for preliminary injunction filed by franchisee seeking to enjoin expiration of franchise agreement in Terrier, LLC v. HCAFranchise Corporation, Case No. 2:22-cv-01325, 2022 WL 4280251 (D. Nev. Sep. 15, 2022).
- Obtained dismissal on forum non conveniens for franchisee client in Carl’s Jr. Restauarants LLC v. 6 Points Food Services, Ltd., et al., No. CV-15-9827-GHK, 2016 WL 3671116 (C.D. Cal. July 7, 2016).
- Obtained a pre-judgment order for receivership over operating company in TCJ v. Trimed Medical Wholesalers, et al., 217CV04656PSGJEM, 2017 WL 10543659 (C.D. Cal. Sept. 19, 2017).
- Obtained a pre-judgment temporary protective order against all the assets of a large film distribution company, resulting in immediate payment in full for individual client.
- Key lawyer on a team that won defensive summary judgment and a sizeable cost award for a major financial institution in a 50 plaintiff construction defect/fraud class action suit.
- Won bench verdict in civil contempt trial for large financial institution.
Resources
Publications
Educating Courts: Using Franchise Lawyers and Consultants as Expert Witnesses in Franchise Cases and Avoiding Exclusion of Testimony as “Legal Opinion”, Franchise Law Journal, Vol. 42:2.
LADR Case Notes and FLJ Currents, Franchise Law Journal, Vol. 41:4.
Franchising & Distribution Currents, Franchise Law Journal, Vol. 41:2.
Stradivarius Revisited: Re-Tuning Your Franchise Arbitration Instrument, Franchise Law Journal, Vol. 40:1.
The Basics Of The California Consumer Privacy Act (CCPA) For The Franchise Industry,https://www.forbes.com/sites/tonymarks/2019/08/01/the-basics-of-the-california-consumer-privacy-act-ccpa-for-the-franchise-industry/#71f50cc85ad7
The Scouts Teach Us All a Lesson About Trademark Law, https://www.forbes.com/sites/tonymarks/2019/02/12/the-scouts-teach-us-all-a-lesson-about-trademark-law/#5f11db0a7386
Speaking Engagements
“The Importance of Materiality in Franchise Disputes” , ABA 2023
Related Insights
Aug 17, 2023
Jun 08, 2023
Nov 14, 2022
May 07, 2020
Feb 24, 2020
Jan 17, 2020