David Barnes
Senior Associate Litigation, Arbitration, and Employment
Languages
English
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Overview
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Experience
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Credentials
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Insights and events
David Barnes concentrates his practice on consumer product and environmental litigation and regulatory compliance. He advises clients on complex scientific and technical issues involving food and drug law, advertising, and consumer protection, with a particular focus on unique California laws and regulations. He has counseled and defended clients in hundreds of matters involving established California laws such as Proposition 65, while also advising clients on new California-specific laws like the Cleaning Product Right to Know Act and Senate Bill 343 (Environmental Advertising).
David represents clients in both federal and state courts, and before federal and state agencies including the Environmental Protection Agency, Occupational Safety and Health Administration, and California Department of Toxic Substances Control. His litigation experience includes arguing a criminal sentencing hearing in the Northern District of California, deposing both expert and fact witnesses, and drafting successful demurrers and motions for summary judgment in Proposition 65 matters. Before joining Hogan Lovells, David served as first chair prosecutor in a federal criminal matter while interning at the Yosemite National Park Legal Office. He obtained a conviction that was ultimately upheld by the Ninth Circuit Court of Appeals.
David also maintains an active pro bono practice. In 2022, he obtained grants of asylum for his client and her children as lead counsel in a contested merits hearing in the San Francisco Immigration Court. He was honored with the Lawyers’ Committee for Civil Rights of the San Francisco Bay Area’s 2023 Father Cuchulain Moriarty Award for asylum advocacy. His pro bono experience also includes representing a class of individuals in Section 1983 lawsuits against several St. Louis municipalities alleging that they engaged in unconstitutional debtors’ prison practices to coerce payments of unpaid fines from traffic tickets and other minor ordinance violations.
Representative experience
Represented hundreds of companies ranging from food manufacturers to personal care companies concerning allegations that their products require Proposition 65 warnings.*
Represented the California Chamber of Commerce in First Amendment challenge to Proposition 65 warning requirement for acrylamide in food.*
Advised numerous consumer product companies on compliance with state-specific ingredient disclosure laws and federal and state greenwashing laws.*
Represented large multinational conglomerate company in negotiations with California Department of Toxic Substances Control concerning groundwater contamination at multiple landfill sites.*
Represented multiple suppliers and retailers in California District Attorney environmental and consumer product enforcement actions.*
Represented defendant in white collar proceedings in Northern District of California and argued criminal sentencing hearing.*
Represented Napa County election coalition in case challenging ballot language regarding measure to restrict development in Napa County.*
Obtained grants of asylum for pro bono client and her children as lead counsel in contested merits hearing in San Francisco Immigration Court.*
Obtained conviction as lead prosecutor in federal criminal case in the Eastern District of California while interning at Yosemite National Park’s Prosecution Office.*
*Matter handled prior to joining Hogan Lovells.
Credentials
- J.D., Stanford Law School, 2017
- B.A., Kent State University, summa cum laude, 2012
- California
- U.S. Court of Appeals, Ninth Circuit
- U.S. District Court, Central District of California
- U.S. District Court, Eastern District of California
- U.S. District Court, Northern District of California
- Member, Bar Association of San Francisco
- Vice President and Founding Member, Kent State University Bay Area Alumni Association