Daveed A. Schwartz focuses his practice on antitrust and consumer class action litigation and counseling, and on representing clients responding to U.S. Department of Justice, Federal Trade Commission, and state Attorney General investigations. His experience includes both criminal and civil international cartel price fixing cases, and defending antitrust and consumer class actions in federal and state courts in California and elsewhere. Mr. Schwartz is a member of the Executive Committee of the State Bar of California's Antitrust and Unfair Competition Section.
Before joining the Firm, Mr. Schwartz was the Leader of the Antitrust & Trade Regulation Practice at Bullivant Houser Bailey PC and, before that, an antitrust and consumer class actions litigator with Pillsbury Winthrop Shaw Pittman LLP.
He also served with antitrust and consumer protection enforcement agencies, including with the Alaska Attorney General's Office as its chief antitrust and consumer protection litigator.
Mr. Schwartz's practice includes representing clients in matters relating to electronic payments law. He recently defended several major retailers and restaurant chains named in highly-publicized nationwide class actions alleging violations of the so-called "receipt truncation" provision of the Fair and Accurate Credit Transactions Act of 2003 (FACTA). Mr. Schwartz served as co-chair of a large nationwide FACTA defense counsel group.
In 2008, Mr. Schwartz defeated a motion for nationwide class certification in a FACTA case filed against one of the nation's largest retailers. He has also defended several clients in gift card class actions and in consumer class actions brought under California's Unfair Competition Law, False Advertising Law, and Consumers Legal Remedies Act. In 2006, Mr. Schwartz worked extensively on internal corporate investigations of alleged stock options backdating.
Mr. Schwartz has been a featured speaker and panelist at several California State Bar continuing legal education events. He co-authored the chapter titled, "Class Certification in Competition and Consumer Protection Cases" for California Antitrust & Unfair Competition Law (Third)(2003), and the 2005 supplement, published by the State Bar of California's Antitrust and Unfair Competition Law Section. He is also a peer reviewer for the chapter on California's Consumers Legal Remedies Act in California Antitrust & Unfair Competition Law (Fourth)(2009).
Education
- J.D., King Hall School of Law, 1994, University of California, Davis School of Law, 1994
- B.A., University of California, Berkeley, 1975
Bar Admissions
- California, 1998
- Alaska (inactive), 1994
Admitted To Practice
- U.S. Court of Appeals for the Ninth Circuit
Publications & Presentations
- Quoted in "Gift Cards a Bright Spot in Weak Economy," The Prepaid Press (July 2011)
- Panelist, "Unfair and Deceptive Acts and Practices, Third-Party Relationships, and Marketing: Regulatory and Compliance Considerations for Prepaid Cards," The American Conference Institute’s 4th Annual Forum on Prepaid Card Compliance, Washington, DC (June 2011)
- Panelist, "Preparing for Change: Top 5 Legal and Regulatory Developments Affecting Your Acquiring Business' Compliance in 2011," Electronic Transactions Association Annual Meeting and Expo, San Diego (May 2011)
- Panelist, "Legal Panel on Selected Compliance and Litigation Risks for Merchant Acquirers," Merchant Acquirers Committee 2011 Annual Conference, Las Vegas (April 2011)
- Panelist, American Bar Association Section of Antitrust Law 2011 Spring Meeting, “California’s Unfair Competition Law and the ‘No-Injury Class Action,’” Washington, DC (April 2011)
- Speaker, “Data Security Breach and Consumer Class Action Litigation Risks for ATM Owners and Operators,” ATM Industry Association 12th Annual Conference & Expo, Miami (February 2011)
- Moderator, "Standing and Class Certification in Unfair Competition Law Cases," The 20th Annual Golden State Antitrust and Unfair Competition Law Institute, San Francisco (October 2010)
- Speaker, "The ABC's of Antitrust Law, California's Unfair Competition Law, and California's Consumers Legal Remedies Act," State Bar of California 83rd Annual Meeting, Monterey (September 2010)
- Panelist, "Defending Legal Challenges to Prepaid and Gift Card Programs," The Prepaid Press Expo 2010, Las Vegas (August 2010)
- Speaker, "Antitrust Law and Trade Associations," ATM Industry Association, nationwide webinar (June 2010)
- Panelist, "End-to-End Encryption and Tokenization Technologies for Payment Card Transactions," Electronic Transactions Association Annual Meeting and Expo, Las Vegas (April 2010)
- Speaker, "Selected Litigation Risks for Merchant Acquirers," Merchant Acquirers Committee Conference 2010 Annual Conference, Las Vegas (March 2010)
- Author, "Kearns v. Ford Motor Co. and its Implications for Pleading Consumer Fraud Cases in Federal Court After Tobacco II," Spring 2010 edition of Competition, the Journal of the Antitrust and Unfair Competition Law Section of the State Bar of California
- Speaker, "Regulation E: How Upcoming Changes Relating to the Advertising and Sale of Gift Cards Could Affect Your Card and ATM Business," ATM Industry Association 11th Annual Conference & Expo, Miami (February 2010)
- Author, "Meyer v. Sprint Spectrum, L.P.: The California Supreme Court Toughens Standing Requirements Under the Consumers Legal Remedies Act"; Fall 2009 edition of Competition, the Journal of the Antitrust and Unfair Competition Law Section of the State Bar of California
- Moderator, "Tobacco II Cases," The 19th Annual Golden State Antitrust and Unfair Competition Law Institute, San Francisco (October 2009)
- Speaker, "A Primer on California Competition Law," State Bar of California 82nd Annual Meeting, San Diego (September 2009)
- Speaker, "Prepaid Card Management & Implementation Strategies: Gift Card Compliance and Legal Issues," Electronic Transactions Association Annual Meeting and Expo, Las Vegas (April 2009)
- Speaker, "The Future of Minimum Resale Price Maintenance: Navigating the Treacherous Uncharted Waters of a Post-Leegin World," State Bar of California 81st Annual Meeting, Monterey (September 2008)
- Speaker, "Compliance and Legislative Update: Prepaid and Gift Cards, FACTA, Payment Card Industry ("PCI") Data Security Standards, and Data Security," ATM Industry Association, New Orleans (February 2008)
- Speaker, "An Overview of Antitrust and Unfair Competition Law," State Bar of California Section Education Institute, San Diego (January 2008)
- Speaker, "FACTA, PCI and Data Security: Legislative and Litigation Trends," ATM Industry Association, Las Vegas (September 2007)
- Speaker, "The New Frontier? The Consumers Legal Remedies Act," State Bar of California Antitrust and Unfair Competition Law Conference, Los Angeles (May 2007)
- Speaker, "Compliance & Legal Issues for Stored Value Cards," ATM Industry Association, Scottsdale (September 2005)
Professional History
- Partner, Locke Lord LLP
- Shareholder, Bullivant Houser Bailey PC
- Senior Attorney, Pillsbury Winthrop Shaw Pittman LLP
- Assistant Attorney General (Antitrust / Consumer Protection), Alaska Attorney General’s Office
Professional Affiliations & Achievements
- Vice Chair, Unfair Competition Law Programs, State Bar of California Antitrust and Unfair Competition Law Section Executive Committee
- American Bar Association, Section of Antitrust Law
- ATM Industry Association
- Board Member-elect, UC Davis Law School Alumni Association Board of Directors (effective August 2011)
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