David E. Landau

Of Counsel

  • David E. Landau
  • Phone: +1 215 979 1230

    David E. Landau - LinkedIn Import to Address Book

  • Duane Morris LLP
    30 South 17th Street
    Philadelphia, PA 19103-4196
    USA

David E. Landau's diverse clients range from technology companies to healthcare providers to cannabis industry companies. He provides comprehensive counseling on a range of issues focusing on trade secrets, intellectual property, employment, early stage business issues as well as regulatory and governmental affairs. A seasoned trial lawyer, David has handled non-competition, trade secret, trademark, employment and complex business cases, many of which have tried to verdict.

Along with his law practice, David is involved in politics and public service. He served on the transition teams of Pennsylvania Governor Tom Wolf and City of Chester Mayor Thaddeus Kirkland. He is Chairman Emeritus of the Delaware County Democratic Party, one of the largest Democratic Parties in Pennsylvania and served as Chairman from 2010-2018. David also advises candidates on the federal, state and local level. In 1984, he served as Deputy Campaign Manager and Issues Director for a Presidential campaign. 

Early in his career, David was National Staff Counsel of the American Civil Liberties Union in Washington, D.C. where he handled major civil liberties and civil rights litigation and represented the ACLU before Congress on legislative issues. David has testified more than 30 times on constitutional issues before various congressional committees. 

Areas of Practice

  • Intellectual Property Litigation
  • Employment Litigation
  • Commercial Litigation
  • Regulatory

Representative Matters

    Cannabis

  • Advising national manufacturer of CBD products on labeling and packaging regulations.

  • Advising a national hemp grower and CBD processing company on corporate organization, governance and regulatory matters as well as handling an acquisition.

  • Representative to the American Trade Association for Cannabis and Hemp (ATACH) for which the firm is national law partner.

  • Filed an amicus brief in the 9th Circuit on behalf of ATACH in Big Sky Scientific v. Idaho State Police et al. on the issue of whether, in light of the passage of the 2018 Farm Bill, a hemp cultivator in one state may lawfully ship cultivated hemp to a processor in another state.

  • Advised two Pennsylvania cannabis companies, who sought to affiliate with a Pennsylvania medical school and acute care hospital for purposes of conducting clinical research under the provisions of the PA medical marijuana act, on corporate organizational matters, financing, regulatory matters and licensing.

    • Trade Secrets and Intellectual Property

  • Obtained summary judgment and then affirmance on appeal in the Third Circuit for AcademyOne, Inc., a Pennsylvania-based internet company, on novel issues relating to claims under the Computer Fraud and Abuse Act, the Lanham Act and RICO. Collegesource, Inc. v. AcademyOne, Inc., 2011 U.S. Dist. LEXIS 43684 (E.D. Pa. Apr. 22, 2011); 2012 U.S. Dist. LEXIS 153197 (E.D. Pa. Oct. 25, 2012); affirmed, 2015 U.S. App. LEXIS 1845 (3d Cir. Feb. 5, 2015).

  • Winning a defense verdict after a jury trial on behalf of a web site design company in an action brought by a competitor for misappropriation of trade secrets and copyright infringement.

  • Successful defense of a software manufacturer in an action brought by its former Indian distributor for misappropriation of trade secrets and violation of the Computer Fraud and Abuse Act among other claims.

  • Winning a jury verdict on behalf of a plaintiff provider of websites, and Internet services in a copyright infringement and tortious interference with contract action against a competing company.

  • Winning a defense verdict after a four-week jury trial on behalf of an importer of close-out goods in an action brought by a major international manufacturer of sporting goods for trademark and copyright infringement.

  • Obtained a judgment after trial that a software vendor did not have any intellectual property interests in an independent system operator's invention of multiple-bank branding on a single automatic teller machine (ATM). Judgment affirmed on appeal.

  • Defense of a major international energy company in a $100 million misappropriation of trade secrets case involving energy management technology that settled in the middle of a jury trial.

  • Obtained a preliminary injunction on behalf of a provider medical supplies and equipment to non-acute health centers against a former director of sales and three former sales people for violation of the Pennsylvania Uniform Trade Secrets Act.

  • Successfully defending a remanufacturer of industrial machines for newspaper production in a patent infringement and breach of patent license arbitration.

  • Winning a patent infringement judgment on behalf of the manufacturer of residential rain gutters.

  • Winning a defense judgment on behalf on an energy technology company in a breach of information technology contract arbitration.

    • Employment

  • Defense of a closely held national weight-loss company in a nine-year-long pattern-and-practice employment class action resting on sophisticated statistical analysis and complex expert testimony.

  • Defense of a company in a race discrimination and retaliation case that settled in the middle of a jury trial.

    • Other

  • Obtained a multimillion-dollar judgment against Prince, the artist, on behalf of a fragrance manufacturer for fraud in connection with the development of Prince's fragrance 3121.

  • Winning a jury verdict on behalf of a plaintiff in a Section 1983 civil rights action on a pro bono basis.

Admissions

  • Pennsylvania
  • U.S. Court of Appeals for the District of Columbia Circuit
  • U.S. Court of Appeals for the First Circuit
  • U.S. Court of Appeals for the Third Circuit
  • U.S. Court of Appeals for the Ninth Circuit
  • U.S. Court of Appeals for the Federal Circuit
  • U.S. District Court for the District of Columbia
  • U.S. District Court for the Eastern District of Pennsylvania
  • U.S. District Court for the Middle District of Pennsylvania
  • U.S. District Court for the Northern District of Illinois

Education

  • American University, Washington College of Law, J.D., 1978
  • Brown University, B.A., with honors, 1975

Experience

  • Duane Morris LLP
    - Partner, 2009-present
  • WolfBlock LLP
    - Partner, 1998- 2009
  • Hoyle, Morris Kerr
    - Partner, Associate, 1986-1998
  • American Civil Liberties Union
    - National Staff Counsel, 1978-1985

Professional Activities

  • American Trade Association for Cannabis and Hemp (ATACH) Task Force
  • American Bar Association
  • Philadelphia Bar Association
  • Delaware County Bar Association

Honors and Awards

  • Listed in The Best Lawyers in America, 2017-2024

  • Listed in Chambers USA: America's Leading Lawyers for Business, 2010-2016

  • Listed in Pennsylvania Super Lawyers

  • Selected as a Top-Rated Lawyer in Labor & Employment Law by Martindale-Hubbell and American Lawyer Media, 2013
  • Selected as a Top-Rated Lawyer in Intellectual Property Law by Martindale-Hubbell and American Lawyer Media, 2013
  • AV Preeminent® Peer Review Rated by Martindale-Hubbell®

Board Memberships

  • Family and Community Services of Delaware County
    - Board of Directors, 2002-2007
  • Jewish Federation of Delaware County
    - Board of Directors, Former Member
  • Congregation Ohev Shalom
    - Board of Directors, Former Member

Civic and Charitable Activities

  • Appointed to Governor Josh Shapiro's Transition Advisory Team on the Government Operations Committee
  • Delaware County, Pennsylvania, Democratic Party
    - Chairman, 2010-2018
  • Borough of Yeadon, Delaware County, Pennsylvania
    - Solicitor, 1992-1998
  • Nether Providence Township, Delaware County, Pennsylvania
    - Special Counsel, 1996-2000

Selected Publications

Selected Speaking Engagements

  • Panelist, "Has Bifurcation of the Cannabis Plant Lead to More Harm Than Good?" ASTM International Global Workshop, Webinar, October 22, 2020
  • Speaker, "Telephone Consumer Protection Act: What Cannabis Companies Need to Know," Duane Morris Webinar, September 29, 2020
  • Speaker, “Overview of New Federal Rules on Hemp Protection,” Duane Morris Cannabis Webinar Series, November 6, 2019
  • Quoted, "The Future of a Rising Industry: Pennsylvania Hemp Summit Highlights," Freedom Leaf, October 15, 2019

  • Moderator, "The Future of Retailing Hemp Products," The Pennsylvania Hemp Summit, Lancaster, Pennsylvania, October 8, 2019

  • American Trade Association of Cannabis and Hemp’s National Policy Conference, May 2019

  • American Trade Association of Cannabis and Hemp’s National Policy Conference’s Western Regional Cannabis Business Alliance Policy Conference, January 2019

  • Speaker, "Hot Topics for Healthcare Facilities and the Utilization of Medical Cannabis," Duane Morris Cannabis Webinar Series, October 2, 2018

  • Speaker, "PA Clinical Research Regulatory Framework," Affinity Bio Partners and Affinity Bioceuticals' Medical Cannabis Clinical Trial Symposium, Philadelphia, December 8, 2017