Over the past 33 years of practice, licensed in California (in 2003) and Arizona (since 1976), he has appeared in numerous state and federal courts as well as administrative agencies in Arizona and pro hac vice in several other jurisdictions. He is also an experienced Wills, Trusts, and Estate Planning attorney
MAJOR ACCOMPLISHMENTS
Member of Bar in both California and Arizona. Won a $650,000 jury verdict in Monterey County Superior Court (2002) in a dispute between key distributors and a network marketing company over wrongful termination. Within the past few years, has litigated two cases brought by the FTC and the California Attorney General relating to the issue of "internal consumption" by distributors as that relates to regulators' claims that the MLMs involved in those cases were illegal pyramids. Recently authored an article for Working at Home magazine on that issue.
Has been a Co-Founder, Director, Shareholder, and Officer of two network marketing companies, and a key distributor in others. Served as In-House Counsel for a Florida network marketing company for whom he coordinated a team of litigators in California while assisting the company and its principals in defending the regulatory attack of that company in the Superior Court of California.
Since 1976, in Arizona, and as of 2003, in California, he has been licensed to practice before all state courts and select United States District Courts in California and Arizona, and before the Ninth Circuit Court of Appeals since 1979. Became a Member of the United States Supreme Court Bar in 1984. Has appeared along with local counsel in the United States District Court for the Northern District of Maryland pro hac vice (for the particular case) and in the United States Court of Appeals on matters which were initiated by the Federal Trade Commission against clients. He has also appeared in the United States District Courts for the Districts of Northern District of Texas, for the Northern and Central Districts of California, and for Nevada and Maryland on MLM litigation matters.
Featured as a Speaker at the inaugural Distributor Rights Association (DRA) convention in Las Vegas, March 12th-14th, 2004. He participated as a Speaker at the DSA's February, 2003 Forum on MLM Legal Issues in Long Beach, California.
Conducted DSA legal issues seminar in Long Beach in 2/03
As a speaker, presented information on the DRA's Distributor Bill of Rights to the Network Marketing Business Journal's Seminar ,"Getting Started," which was primarily for the benefit of new network marketing businesses, and as a member of a panel discussion with other noted network marketing legal experts, spoke on the FTC's published plans to further regulate the MLM industry with a "7 day waiting period," etc. in October, 2007 in Dallas, TX and in October, 2006 in Irivne, California; David spoke on the FTC's stand on MLM "internal consumption" to the MLMIA membership at its annual meeting in Newport Beach, California in 2002; appeared on the Lawyer's Panel at the April, 2004 MLMIA Corporate Conference where he discussed honoring the businesses built by distributors such that the distributors can sell their businesses at a time of their choosing, or will them to their heirs.
David has written numerous articles on the network marketing industry as it intersects with legal issues, especially as they pertain to the wrongful termination of key distributors. (See, Library)
Unsuccessful candidate for Arizona Attorney General in 1990.
Co-Founder and senior partner in Richards and Eisenstein, Tucson,
Arizona 1986-1990--supervised staff of 50 employees and 20 lawyers
Served as Hearing Officer for Director of Arizona Department of Health Services on multiple occasions during period of 1978 through 1996 on numerous issues including certificates of need and licensure of hospitals, nursing homes, and other providers licensed by the State of Arizona Department of Health Services. Co-founded and served as President of Residential Treatment Centers, Inc., 1985, which as a converted dude ranch in the foothills of Tucson, Arizona, became an award winning residential treatment facility for women with addictions to drugs and/or alcohol.
Adjunct Professor, Northern Arizona University, 1983, teaching health law.
EDUCATION
Juris Doctor in Law from University of Arizona College of Law, GPA:
3.2, Tucson, AZ (1976); graduated with distinction in the top 17% of law school class
Bachelor of Arts in Political Science from University of Arizona,
GPA: 3.65, Tucson AZ (1973) Graduated with highest distinction as a member in the scholastic honor societies of Phi Beta Kappa and Phi Kappa Phi
