David S. Becker

Partner

[email protected]

Phone: (312) 360-6391

Fax: (312) 360-6520

However beautiful the strategy, you should sometimes look at the results.

- Winston Churchill

About

About

David Becker is a Partner in the firm’s Litigation and Intellectual Property Practice Groups and a member of the Emerging Industries Team.

In recent years, David has been representing a consumer-product company in a highly contentious case involving trademark and copyright infringement, and false advertising claims.  He has also been representing various clients enforcing and avoiding non-compete and non-solicitation agreements.  He continues to handle patent-infringement matters involving a wide variety of technologies.  Additionally, for the past several years, David has served as a national-coordinating attorney handling payor-provider disputes for a national operator of government-sponsored managed-care organizations.  Throughout his career, David has counseled business clients in matters where technology and people intersect and, as a result, he represents clients in employment matters, trade-secret disputes, and corporate divorces.  

More generally, David maintains a diverse litigation practice handling a broad range of complex commercial matters covering patent, trademark, and copyright infringement, trade secrets disputes, enforcement and avoidance of non-compete and non-solicitation agreements, healthcare payor/provider disputes, employment discrimination claims, fiduciary duty claims, common law fraud claims, contract disputes, and real estate disputes. In these matters, David regularly handles trials before juries, judges and arbitrators and has represented clients in federal courts, state courts, and before government agencies including courts in Illinois, California, Delaware, Florida, Georgia, Indiana, Michigan, Nevada, New York, New Jersey, North Dakota, Pennsylvania, Washington and Wisconsin, and the International Trade Commission. 

David is an avid sports fan, cheering on the Bears, Blackhawks, White Sox and, if they again choose to field a competitive team, the Bulls.  He is a music lover, appreciates off-the-beaten-path rock acts, and really misses spending time at clubs like Lounge Ax.  These days, that means he’s been listening to a lot of songs by Courtney Barnett, Parquet Courts, and the Hold Steady.  But he still loves spending time with the works of Bruce Springsteen and David Bowie.  David also appreciates the fact that we are living in the age of “peak TV” and tries to carve out time to enjoy new shows and movies.

Representative Matters

Representative Matters

  • National coordinating counsel for payor-provider disputes for a national network of government-sponsored managed-care organizations.

  • Represents consumer-product company in case involving trademark and copyright infringement claims and false advertising claims.

  • Lead trial counsel in ADEA collective action litigation for a global manufacturer resulting in entry of summary judgment on all claims of age discrimination.

  • Second-chair trial counsel in patent infringement action before the International Trade Commission resulting in favorable settlement for supplier of automotive parts.

  • Second-chair trial counsel in jury trial of claims for negligence and strict liability. Prepared and presented the client’s claim for damages resulting in a favorable $8 million judgment – the full amount sought.

  • Represents global pharmaceutical-consulting company in enforcement actions against former employees regarding violations of non-compete and non-solicitation agreements.

  • Member of trial team for a private equity client in the 13-day jury trial of its securities fraud claim, resulting in $5 million recovery for our client.

  • Represents clients in age discrimination class action matters relating to use of temporary contract workers.

  • Represented multinational consulting client in enforcement of non-competition agreements resulting in departing employee ceasing competition for duration of non-compete and payments of cash settlements.

  • For a large national bank, prosecuted a claim against a software vendor for fraud in the sale and delivery of a software product leading to a $3.4 million recovery of licensing fees and other costs.

  • Defended a foreign vodka manufacturing company in a trademark infringement claim resulting in settlement permitting clients to continue use of accused name. 

  • Represented client in litigation of false advertising claims against a competitor and defending against patent-infringement claims relating to windshield wiper blades.

  • Defended owner of an NHRA Drag Racing team against hostile takeover suit by competing team owner.

  • Represented home builders and commercial real estate developers in defense of foreclosure actions brought by banks seeking to obtain mortgaged property and collect on personal guaranties.

  • Represented a publicly traded maker of automatic identification and data capture equipment through nationwide, multi-jurisdictional litigation against one of its largest competitors, securing favorable settlements in all matters.

  • Represented a client in litigation to enforce patent rights relating to an extensive portfolio of radio-frequency identification (“RFID”) patents.

  • Represented a client in litigation enforcing a patent portfolio covering the design and use of handheld computer devices.

  • Oversaw national product liability for a national manufacturer of bikes and fitness equipment. 

Honors & Awards

Honors & Awards

  • Illinois Super Lawyers – Rising Stars - (2017, cited in multiple years)
  • Benchmark Litigation – Future Stars - (2019, cited in multiple years)

Professional Activities

Professional Activities

  • Member (2018-2022), Council, Tort Trial and Insurance Practice Section of the American Bar Association (“TIPS”)
  • Chairman (2017-2019), Technology and New Media Committee, TIPS
  • Chairman (2017-2018), Intellectual Property Law Committee, TIPS
  • Chairman (2016-2017), Corporate Counsel Committee, TIPS
  • Vice Chairman (-continuing), Business Litigation Committee, Corporate Counsel Committee, Cybersecurity and Data Privacy Committee, TIPS
  • Member (- continuing), Scope and Correlation Committee, Finance Committee, Long-Range Planning Committee, TIPS

Speaking Engagements

  • Panelist, "'No Sir! You Can't Steal My Clients! Or Maybe You Can...' Effective Strategies for Preparing, Negotiating, Litigating and Avoiding Restrictive Covenants, ABA Webinar (November 2018).
  • Moderator, "Protecting Intellectual Property in the Legal Cannabis Industry," ABA Tort Trial & Insurance Practice Section, ABA Annual Meeting, Chicago, IL (August 2018).
  • Moderator, “Blockchain and Smart Contracts,” Freeborn & Peters Emerging Technologies Symposium, Chicago, IL (July 2018).
  • Co-presenter, "Hot Topics in Commercial Litigation: Amended Discovery Rules, Cyber-Litigation, and Arbitration Provisions," Freeborn & Peters CLE Forum, Chicago, IL (August 2016).
  • Co-presenter, "The Ostrich Syndrome: You Can't Avoid Intellectual Property Issues in Today's World," ABA Tort and Insurance Practice Section, ABA Annual Meeting, Chicago, IL (August 2015).
  • Co-presenter, "You Don't Know What You've Got 'Til It's Gone," ALM Webinar (2013).

Teaching Experience

  • Adjunct Faculty, "Real Estate Litigation," The John Marshall Law School (Chicago, IL), Center for Real Estate Law (Spring 2015-2018 and Fall 2013)

Perspectives

Perspectives

News

Insights

Events

Media

Media

Publications

  • Co-author, "Recent Developments in Business Litigation," ABA Tort Trial and Insurance Practice Law Journal (2014 and 2015).
  • Quoted in "Apple, Google, Intel, Adobe Anti-Poaching Settlement Gets June Hearing," eWeek.com (May 28, 2014).

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