Daniel Asimow's practice focuses on representing companies in antitrust and other complex disputes.
He has been recognized twice by the Daily Journal as one of the Top 100 Lawyers in California. His recent matters include representation of the Oakland Raiders in antitrust litigation initiated by the City of Oakland concerning the Raiders' relocation to Las Vegas. Mr. Asimow successfully argued the Raiders' motion to dismiss in July 2019. He was similarly successful in 2015 in a matter for the Golden State Warriors, who were sued for allegedly monopolizing the market for secondary ticketing services for Warriors games. Mr. Asimow secured a dismissal on the basis of the plaintiff's inadequate market definition.
In the pharmaceutical space, he presently represents Bristol-Myers Squibb in a wide-ranging antitrust case that challenged the licensing practices involved in combination antiretroviral therapy. He recently concluded representation of another major pharmaceutical company in the first case within the Ninth Circuit to address the application of the Supreme Court's Actavis decision to reverse payment settlements.
In the technology space, Mr. Asimow was part of a team that secured the dismissal in 2018 of an antitrust case that alleged an unlawful no-poach agreement between two competitors. He has represented technology companies in a wide variety of antitrust matters, as both plaintiff and defendant, including cases alleging monopolization of aftermarkets, unlawful tying (both of products and technologies), exclusive dealing, and price fixing.
Mr. Asimow's practice spans both trials and appeals. He has tried to verdict cases involving technology licensing, alleged monopolization of the electrical grid, retail price scanning, and the publicity rights of retired Major League Baseball players. In 2009-2011, he represented Datel Design and Development, an independent developer of video game accessories in wide-ranging antitrust, copyright, trademark, DMCA, and patent litigation against Microsoft. The case presented novel issues concerning the application of antitrust laws to product design changes affecting compatibility.
His appellate work includes F.B.T. Productions v. Aftermath Records, a ground-breaking Ninth Circuit case that addressed the application of traditional recording agreements to new methods of licensed distribution. He also successfully represented the heirs of Marvin Gaye in the Ninth Circuit in a matter concerning copyright infringement by the hit song Blurred Lines.
Mr. Asimow's pro bono practice includes representation of plaintiffs in S.A. v. Trump, in which the District Court recently entered a preliminary injunction finding that the Government's termination of the Obama-era Central American Minors Program was likely unlawful and requiring the Department of Homeland Security to resume processing the travel applications of over 2,700 minors in Central America.
Mr. Asimow has substantial additional experience in antitrust, copyright, and trademark litigation, as well as class action, partnership and private client service disputes. He provides antitrust counseling to a variety of clients in different industries and has twice taught the primary introductory antitrust course at the University of California, Berkeley, School of Law.
- Manufacturer of USB flash drives in multi-week jury trial concerning alleged breach of patent license agreement.
- PG&E in successful defense at trial of a Sherman Act Section 2 alleging monopolization of electrical transmission claim asserted within bankruptcy proceedings.
- Successfully defended at trial claims asserted by a class of retired baseball players alleging misuse of their names and likenesses.
- Major retailer in successful defense at trial of unfair competition claim concerning alleged pricing inaccuracies.
Antitrust (2012, 2016, 2021)
- JD, University of California, Berkeley, School of Law, 1992, Thelen Marrin Prize recipient (first in class)
- AB, Harvard University, 1988, magna cum laude
- California State Courts
- US Court of Appeals for the Ninth Circuit
- United States Court of Appeals, Second Circuit, The Honorable Jon O. Newman
American Bar Association, Antitrust Section
Association of Business Trial Lawyers, Board Member
State Bar of California