University of California, at Berkeley
Boalt Hall School of Law, Juris Doctor(1984)University of California, at Los Angeles,Bachelor of Arts, English (1981)
Summa Cum Laude
Phi Beta Kappa
Biography
Publications & Presentations
Noteworthy Legal Activities
Memberships
Awards
David Gurnick, franchise attorney, business lawyer and litigator, is a State Bar of California Specialist in Franchise and Distribution Law, as certified by the Bar’s Board of Legal Specialization. He is also a Certified Franchise Executive, as designated by the International Franchise Association.
Mr. Gurnick’s Practice Group also focuses on licensing, trademarks and copyrights, trade secrets, e-commerce, antitrust and competition matters, and related litigation.
Representing clients in all aspects of franchise and distribution law, Mr. Gurnick has also testified as an expert in the field. He authored two texts: Distribution Law of the United States, addressing laws governing U.S. manufacturers and retailers, and Franchising Depositions, a treatise on taking and defending depositions in franchising cases.
He was also a contributing author of Franchising: Cases, Materials, & Problems, the first law school textbook on franchise law, published by the American Bar Association; International Franchising, a text on law and strategies for international franchising programs; and was a co-author of California Franchise Law Jury Instructions, published by Matthew Bender.
Representing our clients in wide-ranging industries, Mr. Gurnick provides counsel, transactional and litigation services to local, national and international companies, some of which include:
Audio/Visual Retailers
Automobile & Service Station Dealers
Building Inspection and Maintenance
Clothing Manufacturers & Distributors
Commercial & Residential Movers
Cooperatives
Food Products Manufacturers
Health/Beauty Manufacturers, Distributors
High-Tech Equipment Manufacturers
Home Improvement/Repair Franchises
Hoteliers
Personal Care Service Retailers
Product Importers & Distributors
Professional Consulting Firms
Professional Law Practices
Professional Medical Practices
Restaurateurs
Software Developers and Licensors
Spa Companies
Travel Agencies
Mr.Gurnick assists numerous franchisors in registering to offer and sell franchises, structuring to avoid and work around franchising and other legal issues, and negotiating solutions to wide-ranging business challenges. The business lawyer has won millions of dollars of court judgments in litigation and settlements for clients: franchisors, franchisees, manufacturers, distributors, resellers, and policyholders in claims against insurance companies. He represents clients in federal and state courts.
As a franchise attorney, Mr. Gurnick served as an adjunct professor of law teaching semester courses, as well as a panelist at the American Bar Association Forum on Franchising, International Franchise Association annual Legal Symposium, and California Continuing Education of the Bar. He also served on the editorial board of the American Bar Association Franchise Law Journal, and Franchise Law Committee of the State Bar of California.
Mr. Gurnick has served two terms as President of the San Fernando Valley Bar Association. He has also served as Chair of the Association’s Business Law Section, Chair of the Association’s Litigation Section, trustee of the University of West Los Angeles College of Law, President of the Valley Community Legal Foundation, and as trustee of the Los Angeles County Bar Association.
Admitted to practice before the U.S. Supreme Court, he is also admitted before the U.S. Courts of Appeals for the Federal Circuit and Ninth Circuit, and the U.S. District Court for the Central District of California. The business and franchise law attorney is a member of the Bar in California and the District of Columbia.
Co-Author, Nuts, Bolts and Outline for Teaching Franchise Law; Would Socrates Approve? - Franchise Law Journal, a publication of the American Bar Association, Vol. 40 No. 3, Winter 2021
Author, Franchise Law Jury Instructions - Franchise Law Journal, a publication of the American Bar Association, Vol. 39 No. 3, Winter 2020
Quoted, Flexibility for Franchisers in the New Economy - San Fernando Valley Business Journal, January 2020
Author, How Do I Distribute? Let Me Count the Ways - Valley Lawyer, a publication of the San Fernando Valley Bar Association, August 2019
Co-Author, Unconscionability in Franchising - Franchise Law Journal, a publication of the American Bar Association, Vol. 38 No. 1, Summer 2018
Co-Author, Gas Station Franchises: Federal and California State Regulations - Valley Lawyer Magazine, a publication of the San Fernando Valley Bar Association, August 2018
Author, Unconscionability in California: Contract Power Tool for the Powerless and Powerful - Valley Lawyer Magazine, a publication of the San Fernando Valley Bar Association, January 2018
Quoted, Should Uber's Salle Yoo Have Taken Earlier Look at Critical Due Diligence Report? - Corporate Counsel, October 2017
Quoted, Was Uber's Deal With Otto Out of the Ordinary? - Corporate Counsel, August 2017
Presenter, Responding to Online Negativity from Adversaries and Clients: Practical, Legal and Ethical Considerations - Santa Clarita Valley Bar Association MCLE Accredited Ethics presentation, June 2017
Co-Author, Teaching Franchise Law in Law Schools: A Role for Experienced Franchise Lawyers- The Franchise Law Journal, a publication of the American Bar Association, Vol. 36 No. 3, Winter 2017
Quoted, Labor Secretary Nominee's Company Hit With Antitrust Class Action - Courthouse News, February 2017
Co-Presenter, Legal Developments 2016 - ABA 39th Annual Forum on Franchising at The Fountainbleu, Miami, November 2016
Co-Author, Ten Cases Rise to the Top for Two Franchise Attorneys - Franchise Times, October 2016
Co-Author, Annual Franchise and Distribution Law Developments 2016 - ABA Forum on Franchising, October 2016
Author, The Franchise System's Role in Combatting Terrorism - The Franchise Lawyer, a publication of the ABA Forum Committee on Franchising, Spring 2016 Vol. 19, No. 2
Author, Technical Terms for Comparative Trademark Analysis - The Franchise Law Journal, a publication of the American Bar Association, Vol. 35 No. 4, Spring 2016
Quoted, Chain Offers Slice: PizzaRev in Growth Mode with Experienced Franchisees - San Fernando Valley Business Journal, December 2015
Co-Presenter, Finders, Keepers, Losers, Weepers: Opportunities, Risks & Considerations in Using IP Created by Others - ABA 38th Annual Forum on Franchising at Sheraton New Orleans, November 2015
Co-Author, Online Negativity: How to Fight Back - Valley Lawyer Magazine, a publication of the San Fernando Valley Bar Association, November 2015
Quoted, How to Steer Clear of Franchise Financial Disasters - CNBC, November 2014
Co-Author, For California Franchisors, There's No Place Like Home - Los Angeles Daily Journal, August 2014
Co-Author, Nine Ways to Avoid Copyright Termination, Parts 1 and 2- New Matter (official publication of the Intellectual Property Law Section of the State Bar of California), Volume 37 Number 1, March 2012; Volume 37 Number 2, June 2012
Author, Avoiding Accidental Franchises- Business Law Update, A Publication of the Los Angeles County Bar Association Business & Corporations Law Section, Summer 2004
