DAVID D. PIPER


David D. Piper
Shareholder and Executive Committee Member
Long Beach

David Piper focuses his practice on complex and commercial litigation matters, bankruptcy and creditors’ rights, and proactive counseling in areas of emerging risk and opportunity.  A shareholder in Keesal, Young & Logan’s (KYL) Long Beach office, David has obtained LexisNexis Martindale-Hubbell’s “AV® Preeminent™” Peer Review Rating, and was voted a “Rising Star of Southern California Law” by Law & Politics Magazine during all four years of his eligibility.

David is a member of KYL’s Executive Committee, and he has been actively involved in leading the firm’s alternative pricing and technology initiatives since 2010.  David regularly counsels clients and industry groups on issues related to emerging areas of risk and opportunity at the intersection of legal precedent and the promise of new technology.  David has presented continuing legal education seminars and executive education on cybersecurity, risk management, distributed ledger technology and bankruptcy and creditor’s rights.

In addition to counseling clients relative to their risk profile before litigation arises, David has broad experience in state trial and appellate courts, federal district courts, bankruptcy courts, bankruptcy appellate panels, and various arbitration forums (including the AAA and FINRA throughout California and the United States.  His recent practice has been focused in the following areas:

Privacy and Data Security

David is a member of the firm’s privacy and data security law practice and is certified by the International Association of Privacy Professionals in United States Privacy Law (CIPP/US).  His work includes advising clients on navigating the increasingly complex framework of data security and privacy regulations in both planning and post-breach scenarios.

Complex Business Litigation

David represents a variety of clients with respect to complex civil business litigation matters.  He represents real estate owners and developers, financial services clients, manufacturers, retailers and professional firms in connection with business-to-business disputes, governmental claims, and class action litigation, involving various statutory and common law claims.

Commercial and Residential Real Estate Lending Litigation

David represents the firm’s mortgage banking clients in connection with litigation and regulatory matters.  David’s practice includes both the defense of class actions and claims involving individual lending transactions.  He acts as counsel with respect to a wide variety of matters including origination and servicing claims.  Some of the matters in which David serves as counsel include the defense of wrongful foreclosure and fraud claims, Homeowner Bill of Rights claims, allegations of dual tracking, claims involving promised or failed loan modifications, unfair business practices, RESPA, TILA and FDCPA claims, lien priority disputes, claims involving force-placed insurance and misapplication of payment allegations.  Representative clients for this portion of David’s practice include JPMorgan Chase Bank, Citibank, and Wells Fargo Bank.

Bankruptcy, Insolvency, and Corporate Restructuring

David represents the firm’s financial services clients and trade creditors (which include manufacturers, construction companies, service providers and suppliers) in all aspects in bankruptcy and out of court workouts throughout the United States.  David has also served as liaison with counsel to unsecured creditors’ committees.  David regularly represents clients in connection with the defense of preference, turnover and fraudulent transfer claims, claim objections, collateral valuation and lien stripping cases, contested confirmation proceedings, and a variety of other matters in bankruptcy cases and related adversary proceedings.  David’s engagements include representation of creditors in the bankruptcy proceedings of Midway Gold (a large scale gold mining operation), The Great Atlantic & Pacific Tea Company, Inc. (supermarket and liquor store retailer), Circuit City (consumer products retailer), National RV (a publicly-held manufacturer of recreational vehicles), Murray, Inc. (one of the largest manufacturers of lawn mowers and landscaping equipment in the United States), Big A Drug Stores (a privately-held chain of drug stores in Southern California), and Nichols Brothers Boat Builders (commercial vessel construction company).  David represents secured and mezzanine lenders in bankruptcy and workout cases involving resort, hotel, retail, and mixed-use properties.  Representative clients for this portion of his practice include Citibank, Citigroup Global Markets, Inc., Citigroup Global Markets Realty Corporation, Core-Mark International, East West Bank, and JPMorgan Chase Bank.

SEC Receivership Litigation

David represents one of a handful of investors seeking to recover assets from a nearly one billion-dollar Ponzi scheme.

Collection Law

As a corollary to his representation of clients in connection with bankruptcy, insolvency, and corporate reorganizations, David represents select clients in connection with collections of outstanding obligations.

Securities Litigation

David represents securities broker-dealers, investment banks, and individual registered representatives in connection with virtually all types of claims involving myriad financial services and products.  His recent experience includes defense of Rule 10b-5 class action claims, unfair business practices, retail customer suitability and breach of fiduciary duty claims, involving publicly traded equities, mutual funds, ETFs, municipal bonds, private equity transactions, initial public offerings, secondary offerings, and PIPE (Private Investment in Public Equity) transactions.

David received his B.A. in history, from the University of California, Berkeley.  He earned his J.D., with Distinction, from the University of the Pacific, McGeorge School of Law, where he was awarded the Emil Gumpert Trial Advocacy Award for Excellence in Trial Advocacy.

David was admitted to the California Bar in 1995 and the Washington Bar in 2017, and is licensed to practice before all California and Washington State courts, United States District Courts for the Southern, Central, Eastern and Northern Districts of California, the United States District Court for the District of Colorado, the Ninth Circuit Court of Appeals, and the United States Supreme Court.

David is active in the local community, where he serves as a member of the Board of Directors for his neighborhood, served for several years on the Board of Directors of the YMCA of Greater Long Beach, and volunteered as a coach for youth sports.

Education

  • J.D. (with distinction), University of the Pacific, McGeorge School of Law.  While in law school, David was awarded the Emil Gumpert Trial Advocacy Award for Excellence in Trial Advocacy.
  • B.A. (history), University of California, Berkeley

Certifications

  • Certified Information Privacy Professional/United States (CIPP/US)

Bar Memberships/Admissions

  • California (1995)
  • Washington (2017)
  • All California state courts
  • All Washington state courts
  • All United States District Courts in California
  • United States Court of Appeals for the Ninth Circuit
  • Supreme Court of the United States

Articles

  • Privacy Alert: SB 561 Could Turn the CCPA into Consumers’ Ultimate Weapon (linked here) (February 27, 2019)
  • California Court of Appeal issues pro-lender opinion and deals yet another blow to the misguided Glaski decision (linked here) (February 8, 2017)

Speaking Engagements

  • “Western Independent Bankers Association 2017 Education Summit and Expo, Ransomware and Advanced Persistent Threats: Updates and Tabletop Exercise” (September 2017)
  • “Regulation by Enforcement: The CFPB’s Use of UDAAP” (December 2016) (California MBA – Legal Issuees & Regulatory Compliance Conference – Discussed recent enforcement actions brought by Consumer Financial Protection Bureau and how the CFPB is using its enforcement authority relative to unfair, deceptive or abusive acts or practices (UDAAP) to regulate conduct of providers of consumer financial services.)
  • “Residential Mortgage: Recent Litigation Regarding the Duty of Care Owed by Loan Servicers to Borrowers, Loan Modification Issues, Nevada and Florida HOA and Super Priority Liens, California Homeowner Bill of Rights, Mortgage Servicing Transfers, Implementation of TRID, New Data Collection Rules and Modifications to HMDA Regulations” (April 2016) (ACI’s 25th National Conference on Consumer Finance Class Actions & Litigation – Panelist discussing recent developments in connection with mortgage litigation)
  • “You Promised What . . . ? Creating Order from the Chaos of Outside Counsel Guidelines.” (February 2016) (ALM 12th Annual Law Firm Chief Information & Technology Officers Forum – Panelist discussing law firm implementation of outside counsel guidelines and how to most effectively resolve issues which may arise between firms and clients.)
  • AV® Preeminent™ peer review rating from Martindale-Hubbell (highest level of professional excellence)
  • Selected to Southern California Best Lawyers in America© List (Mass Tort Litigation/Class Actions) (2020)
  • Selected to Southern California Rising Star List (Thomson Reuters) (all four years of his eligibility) (a designation limited to 2.5% of attorneys in a geographic region)
  • Member Board of Directors, YMCA of Greater Long Beach
  • Member Board of Directors NPMA (2011–2017, 2018)
  • Coach for Youth Sports (various)