Cozen O’Connor: Shimkin, David A.

David A. Shimkin

Member

Los Angeles

(213) 892-7988

(213) 892-7999

David A. Shimkin focuses his litigation practice on representing clients in the hospitality, construction, and transportation fields, including trucking companies involved in interstate and intrastate claims.  He is experienced in the defense of cases involving alleged food contamination, and has also defended restaurant clients in dram shop/liquor liability matters in multiple jurisdictions.  David also has extensive experience in defending class actions and handling toxic exposure and contamination cases involving both property damage and bodily injury claims. David has also handled fire damage cases.  He has also defended errors and omissions and professional liability claims brought against officers of closely held and public companies, accountants, and other professionals. He has also defended intellectual property and trade secret claims.  David was an adjunct professor at New York Law School and sits on the board of a major nonprofit organization.

David started his career as an assistant district attorney in the Bronx, where he argued appeals, including in the U.S. Court of Appeals for the Second Circuit. He also tried misdemeanor and felony cases. More recently, he has tried civil cases in both state and federal courts.

David was a John Kluge Scholar as an undergraduate at Columbia University. He earned his law degree from Cornell Law School, where he was a general editor of the Cornell Journal of Law and Public Policy, and received a certificate of specialization in Public Law.

David was chosen as a 2013 Rising Star by the New York Law Journal. The panel reviewed more than 200 nominations of young lawyers who have established a record of accomplishments and demonstrated that they are top contributors to the practice of law as well as to their communities. David was among the 44 attorneys with the highest ratings.

Experience

News

Calif. Builders Strategize Ahead Of 2020 Solar Panel Rules

January 11, 2019

David Shimkin, a member in the firm's Commercial Litigation Department, was quoted in Law360's article, "Calif. Builders Strategize Ahead Of 2020 Solar Panel Rules."

David A. Shimkin Selected as Cozen O’Connor’s Fellow with The Leadership Council on Legal Diversity

June 15, 2016

As a 2016-17 Fellow, David will participate in targeted leadership training events with the other member fellows throughout the program year.

David Shimkin Discusses Landmark Twitter Decision in SHRM Online

January 15, 2015

In an article titled "Subpoena Will Unmask Company's Anonymous Critics on Twitter," David Shimkin, a member of Cozen O'Connor's Commercial Litigation Department, discusses a recent federal decision that authorized defamation defendants to subpoena Twitter for the identities of anonymous posters. The historic underpinnings of the right to anonymous speech "have a long history," David said, but the right "is not absolute."

David Shimkin Recognized as a “2013 Rising Star” by the New York Law Journal

May 31, 2013

An esteemed panel of attorneys selected David, a member of the Litigation Section, for the annual list, which honors a select group of attorneys under 45 years of age.

Publications

Member Attorney Spotlight: Wanji Walcott [Diversity Matters in the Legal Profession]

August 20, 2018

David Shimkin, a member of the firm's Commercial Litigation Department, authored, "Member Attorney Spotlight: Wanji Walcott," a piece on Wanji Walcott, SVP and General Counsel of PayPal.

Ninth Circuit Brings Clarity to Made in the USA Labeling [Food Recall Monitor Blog]

May 16, 2018

Thanks to the California legislature and the Ninth Circuit’s recent unpublished opinion in Fitzpatrick v. Tyson Foods, food manufacturers and distributors in California can label their products “Made in the USA,” even if the products contain certain percentages of foreign-made ingredients or...

Experts, Hearsay, and the ‘Sanchez’ Case

October 02, 2017

David Shimkin, member of Cozen O'Connor's Commercial Litigation Department, authored, "Experts, Hearsay, and the ‘Sanchez’ Case" for California Lawyer.

California consumers and food manufacturers await key government rules on food labeling. [Food Recall Monitor Blog]

September 01, 2017

The Food and Drug Administration (FDA) and the United States Department of Agriculture (USDA) are expected to soon issue new regulations regarding the advertising and labeling of food products.  California manufacturers will have to make sure that they not only do not run afoul of those new rules,...

California Consumers and Food Manufacturers Await Key Government Rules on Food Labeling

July 01, 2017

David Shimikin, a member of the firm's Commercial Litigation Department, published "California Consumers and Food Manufactures Await Key Government Rules on Food Labeling," in the California Minority Counsel Program Diversity Matters Newsletter.

Waiting for the FDA is the Hardest Part, California Federal Judge Rules [Food Recall Monitor Blog]

December 20, 2016

What it means for food to be “natural” has become a topic of contentious debate, and the Food and Drug Administration (“FDA”) entered the fray earlier this year, requesting comments on use of the term on food labeling. Some courts, including the U.S. Court of Appeals for the Ninth Circuit, have...

Courts: We Hear No Suit Based on Cyber Crime Before its Time [Cyber Law Monitor Blog]

June 23, 2016

Two recent decisions out of the U.S. District Court for the District of Maryland illustrate the difficulty that cyber breach victims can have in establishing standing to sue. In both cases, the court dismissed the cyber breach suits for lack of standing because the plaintiffs had not yet...

Insider Trading Hack was Cinematic in Scope [Cyber Law Monitor Blog]

September 08, 2015

The U.S. Department of Justice announced indictments in Brooklyn and New Jersey last month of 32 people for fraudulently obtaining inside information and then using that knowledge to make millions in the market, in the “largest scheme of its kind ever prosecuted.”  The inside information was taken...

Lanham Act Claims Are Not Precluded by Compliance with the FDCA [Food Recall Monitor Blog]

August 19, 2014

In POM Wonderful LLC v. Coca-Cola Co., (June 12, 2014), the U.S. Supreme Court confirmed that companies can bring unfair competition actions under the Lanham Act even when their competitors have complied with the Federal Food, Drug, and Cosmetic Act (FDCA). The upshot of the decision is that food...

It’s a Dirty World: Internet and Email Users Must be Careful About What they Post and Send [Law.com]

August 18, 2014

In an article titled ''It’s a Dirty World: Internet and Email users Must be Careful About What they Post and Send,'' David Shimkin, a member of Cozen O’Connor’s Commercial Litigation Department, discusses how courts continue to immunize Internet and email users from defamation liability as long as they do not ''materially contribute'' to the alleged defamation that they host, post, or send.

Liability for Marketing Claims in California [Cozen O’Connor Whitepaper]

November 25, 2013

Does a company expose itself to liability in California when it boasts that its products are the “safest in the business?” The answer will depend on whether courts will consider that statement to be a misleading claim or mere advertising puffery.

The Continuing Viability of Assumption of Risk Defense [New York Law Journal]

April 15, 2013

David Shimkin and Paul Zola co-authored an article that appeared in the April 15, 2013 edition of the New York Law Journal. The article, titled, "The Continuing Viability of the Assumption of Risk Defense," David and Paul discusses recent developments in sports liability case law. Legal intern Gregory Knight assisted in the preparation of the article.

Pitcher Struck by Batted Ball Assumed Risk of Injury [Commercial Litigation Group White Paper]

July 21, 2012

The article discusses Products Liability in the realm of NCAA baseball, specifically the surge in cases brought against bat manufacturers since the NCAA permitted the use of aluminum bats in 1974. David Shimkin and Paul Zola address the doctrine of ''assumption of risk'' amidst the increased danger of aluminum bats.

Evidence of Immigration Status May Be Precluded [New York Law Journal]

May 21, 2012

Evidence of Immigration Status May Be Precluded - New York Law Journal - With his dissent in Angamarca v. New York City Partnership Housing Development Fund, Inc., et al., Justice Peter Tom of the Appellate Division, First Department took issue with the majority’s upholding of the preclusion of evidence of an undocumented alien’s plans to return to his country after trial. Plaintiffs are authorized under CPLR § 4111 to seek an itemized verdict of special damages that may include an award for future medical expenses.

The Effect of Co-workers’ Actions in Scaffold Law Cases [The Defense Association of New York]

December 01, 2007

The Effect of Co-workers’ Actions in Scaffold Law Cases - The Defense Association of New York - The superseding actions of a third party have long been recognized in negligence cases as breaking the link between a defendant’s conduct and a plaintiff’s injury. The defense is also available when defending Labor Law § 240(1) claims, and Labor Law attorneys should keep this in mind.

Events & Seminars

Past Events

Latino Food Symposium 2018

August 20, 2018 - Los Angeles, CA

Bisnow: The Future of SoCal

November 15, 2016 - Los Angeles, CA

Critical Issues in Litigation – 2016

November 03, 2016 - New York, NY

Critical Issues in Litigation – 2015

May 20, 2015 - New York, NY

Cozen O'Connor's 2013 New York Litigation Seminar

February 12, 2013 - New York, NY

Education

  • Cornell Law School, J.D., 1997
  • Columbia University, B.A., 1993
  • California
  • New Jersey
  • New York
  • U.S. Supreme Court
  • U.S. Court of Appeals for the Second Circuit
  • U.S. District Court -- Central District of California
  • U.S. District Court -- Eastern District of New York
  • U.S. District Court -- Southern District of New York
  • Hispanic National Bar Association