Daniel B. Asimow

In the technology space, Daniel 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.

In the pharmaceutical space, he represented 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

His copyright work has involved a variety of different types of claims, including obtaining summary judgment in a “look and feel” software copyright case, upholding on appeal a verdict obtained by the Marvin Gaye estate in a dispute over the copying of Gaye’s iconic song “Got to Give It Up,” and prevailing in an appeal regarding the royalties payable to Eminem’s publisher for digital downloads.

In past years 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.

Daniel's pro bono practice includes representation of plaintiffs in Doe v. Noem, in which the Court recently granted a preliminary injunction against the early termination of immigration parole for approximately 450,000 Haitians, Cubans, Nicaraguans and Venezuelans. In 2017 he represented plaintiffs in S.A. v. Trump, in which the District Court entered a preliminary injunction finding that the Trump Administration’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.

Daniel 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.