David Kempen

Associate

Overview

David Kempen is a litigation associate in Crowell & Moring LLP’s San Francisco office with a practice concentrated on tort, personal injury, and complex commercial litigation. He represents corporate clients in high-stakes disputes in both state and federal courts.

David has significant experience defending against product liability claims, including cases involving design defects and failure-to-warn allegations for manufacturers of consumer and industrial products. He regularly handles litigation involving serious personal injury and wrongful death claims for corporate clients in the manufacturing, retail, and logistics sectors.

In his commercial litigation practice, David represents companies in disputes arising from contract breaches, labor and employment matters, and union-related litigation. His approach is practical and business-minded, focusing on efficient resolution and risk mitigation.

David previously clerked for the Hon. Charles R. Breyer, U.S. District Court for the Northern District of California, and the Hon. Sean P. Dabel, Superior Court of San Mateo County.

Career & Education

    • University of California, Hastings College of the Law, J.D., magna cum laude, 2022
    • Hofstra University, B.S., 2017
    • University of California, Hastings College of the Law, J.D., magna cum laude, 2022
    • Hofstra University, B.S., 2017
    • California
    • California
    • Judicial Law Clerk, Hon. Charles R. Breyer, U.S. District Court for the Northern District of California, 2022
    • Judicial Law Clerk, Hon. Sean P. Dabel, Superior Court of San Mateo County, California, 2021
    • Judicial Law Clerk, Hon. Charles R. Breyer, U.S. District Court for the Northern District of California, 2022
    • Judicial Law Clerk, Hon. Sean P. Dabel, Superior Court of San Mateo County, California, 2021

David's Insights

Client Alert | 6 min read | 07.07.26

Special Master Denies Motion to Exclude MMRs and Brand Sponsors from "Associated Entity" Definition under NCAA House Settlement; CSC Updates Enforcement Policy

As schools, athletes, and other entities continue to navigate the boundaries of the House Settlement (In Re College Athlete NIL Litigation, No. 4:20-cv-03919-CW), at least one recent decision made clear a court’s position on what qualifies as an Associated Entity under the settlement. As noted previously, the College Sports Commission (CSC) sent out a rules reminder in January regarding Associated Entities. Under the House Settlement, these entities include those...

Representative Matters

  • Served as second-chair counsel representing a leading power tool manufacturer, defeating claims that the products were defectively designed and inadequately warned.
  • Defended a logistics company in wrongful death matter, achieving a favorable outcome.
  • Represented a national grocery store in premises liability actions involving catastrophic injuries.

David's Insights

Client Alert | 6 min read | 07.07.26

Special Master Denies Motion to Exclude MMRs and Brand Sponsors from "Associated Entity" Definition under NCAA House Settlement; CSC Updates Enforcement Policy

As schools, athletes, and other entities continue to navigate the boundaries of the House Settlement (In Re College Athlete NIL Litigation, No. 4:20-cv-03919-CW), at least one recent decision made clear a court’s position on what qualifies as an Associated Entity under the settlement. As noted previously, the College Sports Commission (CSC) sent out a rules reminder in January regarding Associated Entities. Under the House Settlement, these entities include those...

David's Insights

Client Alert | 6 min read | 07.07.26

Special Master Denies Motion to Exclude MMRs and Brand Sponsors from "Associated Entity" Definition under NCAA House Settlement; CSC Updates Enforcement Policy

As schools, athletes, and other entities continue to navigate the boundaries of the House Settlement (In Re College Athlete NIL Litigation, No. 4:20-cv-03919-CW), at least one recent decision made clear a court’s position on what qualifies as an Associated Entity under the settlement. As noted previously, the College Sports Commission (CSC) sent out a rules reminder in January regarding Associated Entities. Under the House Settlement, these entities include those...