David W. Marston Jr.

Partner

David W. Marston, Jr. is a partner in Morgan Lewis's Intellectual Property and Litigation practices and is a member of the firm's Class Action Working Group. His practice focuses on complex commercial issues, with particular emphasis on intellectual property litigation and class actions. Mr. Marston represents clients from a wide range of industries, including manufacturing, computer software and hardware, media, and information technology. He represents plaintiffs and defendants in federal and state court litigation and has also represented clients in international arbitrations. He handles all aspects of litigation from inception through trial and post-trial appeals.

In December 2010, Mr. Marston successfully defended a large multinational corporation before the American Arbitration Association against breach of contract claims over the exclusivity provision in a license agreement. The client recovered its full legal costs.

In September 2010, Mr. Marston successfully defeated certification and obtained summary judgment in a class action filed in the U.S. District Court of New Jersey for breach of express and implied warranties, breach of contract, unjust enrichment, and violations of the New Jersey Consumer Fraud Act.

He also prevailed in a multimillion-dollar arbitration before the Netherlands Arbitration Institute arising from the failure of U.S. private equity funds to consummate the purchase of manufacturing subsidiaries of a Swedish multinational corporation that were located in Italy, Japan, and the U.S.

After graduating from law school in 1999, Mr. Marston served as a law clerk to Judge Roderick R. McKelvie, U.S. District Judge for the District of Delaware. He served on active duty with the U.S. Coast Guard in Miami, Florida from 1993 to 1996.

Mr. Marston is admitted to practice in Pennsylvania and Delaware and before the U.S. Court of Appeals for the Federal Circuit; the U.S. Court of Appeals for the Third Circuit; the U.S. District Courts for the Eastern, Middle, and Western Districts of Pennsylvania; U.S. District Court for the District of Delaware; and the U.S. District Court for the Northern District of Illinois.