David Nied, Partner
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 25 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 and limited liability company (LLC) disputes. 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. He has represented developers and partners in complex real estate disputes, especially with respect to vineyard and other wine country developments. He has represented contractors and owners in numerous construction disputes, ranging from small renovation projects to multi-million dollar extra work claims. He has prosecuted and defended legal malpractice lawsuits involving claims of professional negligence and the violation of the rules of professional conduct.
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 and past President of the Edward J. McFetridge American Inn of Court. He is the past Chair of the Executive Committee of the Litigation Section of the Bar Association of San Francisco. He also is a Life Fellow of the American Bar Foundation and a member of the Forbes Legal Council.
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.
- Represented plaintiff employee in a lawsuit against her employer for employment discrimination and retaliation claims after she was terminated; two-week jury trial resulted in a plaintiff’s verdict for all of her economic damages and an award for emotional distress, plus prevailing party attorney fees/ costs. Defendant was a security company with more than 5,000 employees nationwide.
- Represented large commercial leaseholder in a three-phase bench and jury trial of an unlawful detainer action in San Francisco Superior Court.
- Represented beneficiary of an intervivos trust in a three-week fraud trial in Alameda County.
- Represented 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.
- Represented defendant in action brought by former business partner alleging malicious prosecution.
- Represented defendant in action brought by former business partner alleging fraud and antitrust violations.
- Represented defendant school district in proceedings to challenge termination of employment of teacher.
- Represented insurer in a coverage dispute with an attorney who sought a defense in an arbitration with his former law partner.
- Represented defendant Transit District in one-week bench trial of employment discrimination action under the California Fair Employment and Housing Act.
- Represented ship repair company in two-week bench trial of multi-million dollar contract dispute with British Petroleum.
- Represented defendant County on retrial of damages 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.
- 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.
- Represented commercial cleaning company in arbitration of breach of contract claims.
- Represented software and technology company in one-week jury trial of breach of contract and false promise claims in federal court.
- Represented plaintiff in three-week medical malpractice trial in Alameda County.