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David Mattern focuses on complex litigation and intellectual property matters. He counsels technology companies in suits concerning copyright law and the DMCA, suits implicating Section 230, and in suits relating to cybersecurity. David has extensive experience defending clients in a wide range of matters at the trial and appellate level in state and federal courts.

David has represented clients at trial and appeal in courts across the country. David has particular expertise in copyright law and platform defenses, including representing platforms in copyright litigation and rate court disputes, and in defending platforms in suits related to user content and content moderation under the DMCA and Section 230. His experience extends to a wide range of subject areas, including False Claims Act litigation, product liability litigation, professional liability litigation, and many other types of business litigation.

David devotes a significant amount of time to pro bono civil rights litigation. Recent successful representations include obtaining reversal of a grant of qualified immunity to prison officials in a suit brought under Section 1983 in a case he argued in the Ninth Circuit, and in obtaining a reversal of a grant of summary judgment to prison officials on exhaustion under the PLRA in a case he argued in the Seventh Circuit. 

Full Bio

Credentials

J.D., Columbia University School of Law, James Kent Scholar

B.A., Case Western Reserve University, Magna Cum Laude

District of Columbia

New York

U.S. Court of Appeals for the D.C. Circuit

U.S. Court of Appeals for the Eleventh Circuit

U.S. Court of Appeals for the Fifth Circuit

U.S. Court of Appeals for the Ninth Circuit

U.S. Court of Appeals for the Second Circuit

U.S. Court of Appeals for the Seventh Circuit

U.S. Court of Appeals for the Sixth Circuit

U.S. Court of Appeals for the Third Circuit

Judicial Clerk, Chief Judge R. Guy Cole, U.S. Court of Appeals for the Sixth Circuit

Matters

Web V (2020). Represents Google in a rate-setting proceeding before the Copyright Royalty Board to determine the rates non-interactive streaming services pay record labels

Downtown v. Peloton (2019). Represents Peloton Interactive, Inc. in suit brought by music publishers in SDNY

Phonorecords III (2017). Represented Google before the Copyright Royalty Board in a proceeding to set the royalty rates paid to publishers for interactive streaming.

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Matters

Web V (2020). Represents Google in a rate-setting proceeding before the Copyright Royalty Board to determine the rates non-interactive streaming services pay record labels

Downtown v. Peloton (2019). Represents Peloton Interactive, Inc. in suit brought by music publishers in SDNY

Phonorecords III (2017). Represented Google before the Copyright Royalty Board in a proceeding to set the royalty rates paid to publishers for interactive streaming.

Pandora v. BMI (2015). Member of trial team representing Pandora against Broadcast Music, Inc. in rate court proceeding under antitrust consent decree to determine public performance royalties for Pandora’s internet radio service.

Represented AT&T in False Claims Act suits in state and federal court in California and Nevada. Successfully obtained dismissal of a federal suit in California and a state suit in Nevada.

Represented one of the world's largest banks in a DOJ investigation alleging fraud in the sale of mortgage-backed securities.

Represented one of the largest American car companies in a DOJ and NHTSA investigation regarding the timeliness of a recall.

Defended the big four accounting firms in suits alleging auditor and tax accountant malpractice.

Matters

Web V (2020). Represents Google in a rate-setting proceeding before the Copyright Royalty Board to determine the rates non-interactive streaming services pay record labels

Downtown v. Peloton (2019). Represents Peloton Interactive, Inc. in suit brought by music publishers in SDNY

Phonorecords III (2017). Represented Google before the Copyright Royalty Board in a proceeding to set the royalty rates paid to publishers for interactive streaming.

See more

Close

Matters

Web V (2020). Represents Google in a rate-setting proceeding before the Copyright Royalty Board to determine the rates non-interactive streaming services pay record labels

Downtown v. Peloton (2019). Represents Peloton Interactive, Inc. in suit brought by music publishers in SDNY

Phonorecords III (2017). Represented Google before the Copyright Royalty Board in a proceeding to set the royalty rates paid to publishers for interactive streaming.

Pandora v. BMI (2015). Member of trial team representing Pandora against Broadcast Music, Inc. in rate court proceeding under antitrust consent decree to determine public performance royalties for Pandora’s internet radio service.

Represented AT&T in False Claims Act suits in state and federal court in California and Nevada. Successfully obtained dismissal of a federal suit in California and a state suit in Nevada.

Represented one of the world's largest banks in a DOJ investigation alleging fraud in the sale of mortgage-backed securities.

Represented one of the largest American car companies in a DOJ and NHTSA investigation regarding the timeliness of a recall.

Defended the big four accounting firms in suits alleging auditor and tax accountant malpractice.

Credentials

J.D., Columbia University School of Law, James Kent Scholar

B.A., Case Western Reserve University, Magna Cum Laude

District of Columbia

New York

U.S. Court of Appeals for the D.C. Circuit

U.S. Court of Appeals for the Eleventh Circuit

U.S. Court of Appeals for the Fifth Circuit

U.S. Court of Appeals for the Ninth Circuit

U.S. Court of Appeals for the Second Circuit

U.S. Court of Appeals for the Seventh Circuit

U.S. Court of Appeals for the Sixth Circuit

U.S. Court of Appeals for the Third Circuit

Judicial Clerk, Chief Judge R. Guy Cole, U.S. Court of Appeals for the Sixth Circuit