David Lerch

Overview

David Lerch is an associate in O’Hagan Meyer’s San Francisco office and a member of the Commercial & Business Litigation practice group. He brings extensive experience in federal and state civil litigation, including a clerkship with the U.S. District Court for the Central District of California.

David has successfully handled complex commercial litigation matters across multiple firms, achieving favorable outcomes in cases involving consumer protection, insurance coverage, workers’ compensation, and antitrust claims. He has argued in the California Court of Appeal, U.S. District Court, and California Superior Court, and has first-chaired 30(b)(6) depositions in national class action litigation. He has also mediated numerous insurance disputes to resolution.

Previously, as agency counsel for a federal government agency, David litigated numerous cases in District Court including the Freedom of Information Act (FOIA), the Privacy Act, and Social Security Act claims, and also litigated a complex national matter involving parallel administrative, civil, criminal, and Congressional investigations.

Based in San Francisco, David enjoys skiing, traveling, tennis, hiking, and water sports in his free time.

Publications

• Author, “Extraterritorial Predatory Pricing Litigation – An Efficient Enforcement Mechanism for Supplemental Tariff Enforcement?” ABA Antitrust Committee Articles, July 8, 2025
• Author, “Fourth Circuit Concludes That ‘No Ink to Paper’ No-Poach Agreement Tolled Statute of Limitations in Scharpf v. General Dynamics Corporation,” No. 24-1465 (4th Cir. 2025), California Lawyers Association Antitrust and Consumer Protection Section July 2025 E-Briefs,  July 2025
• Author,“District Court Grants Epic Games’ Motion to Enforce Injunction and Issues Referral to the United States Attorney Regarding Criminal Contempt,” California Lawyers Association Antitrust and Consumer Protection Section June 2025 E-Briefs, June 2025
• Author, “Ninth Circuit affirms District Court Order Concluding that Cartwright Act and UCL Claims against Qualcomm based upon Tying and Exclusive Dealing Failed - Key v. Qualcomm, Ninth Circuit No. 23-3354, Dkt No. 44.1,” California Lawyers Association Antitrust and Consumer Protection Section April 2025 E-Briefs, Feb. 25, 2025

Professional

• Committee Member, American Bar Association, Antitrust Division Civil Practice and Procedure 
• Committee Member, California Lawyer’s Association, E-Brief