David Rapp-Kirshner

David Rapp-Kirshner is an associate in the Intellectual Property Litigation department at Goodwin, focusing on complex trade secret, copyright, and trademark disputes. He represents clients in high-stakes, bet-the-company litigation and provides strategic intellectual property counseling to companies across a range of industries and growth stages.

In addition to his billable work, David is active in Goodwin’s pro bono efforts with the Criminal Justice Act and the Last Prisoner Project, helping to secure the release of nonviolent cannabis-related offenders and advocate for broader prison reform.

David has represented a broad range of clients across industries in various intellectual property and commercial dispute litigations. Some his recent engagements include:

• Representing a defendant in a high-profile criminal trade secret and economic espionage prosecution in the Northern District of California. At trial, David cross-examined numerous key fact witnesses and one expert witness and argued several evidentiary motions. 
• Secured a preliminary injunction for a health-tech startup in a high-stakes trade secret dispute in the Northern District of California.
• Achieved a complete defense victory on behalf of a growth equity client in an earnout dispute in front of the AAA.
• Represented a leading website design startup company in copyright disputes across the country. 
• Represented a nationally recognized cannabis software company in a trademark infringement action filed in the District of Arizona.
• Represented a premium consumer goods startup in a design patent infringement action filed in the Northern District of California.
• Represented an international semiconductor manufacturer in patent infringement litigation.
• Represented a biotechnology company in a trade secret misappropriation case filed in the Northern District of California involving allosteric drug discovery.
• Represented a global investment firm in a trade secret misappropriation action involving blockchain technology.

In addition to his full-scale litigation and trial work, David also enjoys counseling companies of all sizes regarding copyright, trademark, privacy, and trade-secret matters:

• Representing online companies and websites in response to copyright infringement and Digital Millennium Copyright Act (DMCA) demands, and assisting those companies develop satisfactory DMCA policies and procedures.
• Protecting and enforcing copyright and trademarks for companies of all sizes; from nationally recognized brands to up-and-coming tech companies.
• Representing online companies and websites in response to California Invasion of Privacy Act (CIPA) demands and arbitrations.

Prior to joining Goodwin, David served as a legal extern at the United States Attorney’s Office for the Eastern District of New York in its civil litigation department.

David is actively involved in law school outreach and mentorship programs. He has given talks at the Berkeley School of Law and Stanford Law School and plays an active mentorship role in his alma mater’s (NYU School of Law) West Coast Connection program.

During law school, David was an executive editor on NYU Law’s Moot Court Board and was responsible for authoring, editing, and publishing their annual Moot Court Casebook. David was also involved in NYU Law’s Social Enterprise & Startup Law Group and their Rising Tide program, assisting local community entrepreneurs with legal services under the supervision of practicing attorneys.