Daniel Asimow's practice focuses on representing companies in antitrust and other complex disputes.

In 2016, he was again recognized as one of the Top 100 Lawyers in California by the Daily Journal. 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. In 2015, he represented the Golden State Warriors in secured the dismissal of an antitrust suit alleging that the Warriors and Ticketmaster had monopolized the market for secondary ticketing services for Warriors games. Mr. Asimow currently represents a major pharmaceutical company in the first case within the Ninth Circuit to address the application of the Supreme Court's Actavis decision to pharmaceutical reverse payment settlements as well as a leading technology company in an antitrust class action addressing purported restrictions on employee recruiting.

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.

Experience

  • 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.

Recognition

Northern California Super Lawyers
(2007, 2010-2018)
Euromoney's Expert Guides
Competition and Antitrust (2016, 2018)
Daily Journal
"Top 100 Lawyers in California" (2011, 2016)
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Credentials

Education
  • JD, University of California, Berkeley, School of Law, 1992, Thelen Marrin Prize recipient (first in class)
  • AB, Harvard University, 1988, magna cum laude
Admissions
  • California
  • California State Courts
  • US Court of Appeals for the Ninth Circuit
Clerkships
  • United States Court of Appeals, Second Circuit, The Honorable Jon O. Newman
Activities
  • American Bar Association, Antitrust Section

  • Association of Business Trial Lawyers, Board Member

  • State Bar of California

Overview

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