David Horniak

Partner

Emaildavid.horniak@us.dlapiper.com

Call+1 202 799 4361

Washington, DC

About

David Horniak litigates complex, high-stakes business disputes at trial, in arbitration, and on appeal. His clients range from Fortune 500 corporations to individuals and startups, and he has successfully represented them in a broad range of matters involving commercial and government contracts, advertising, privacy, real estate, patents, tax, securities, probate, and criminal defense. David has defended some of the largest law firms in the United States against legal malpractice claims, is a national thought-leader on defense of mass arbitrations, and has significant experience defending clients in federal and state government investigations.

David is also frequently called on to provide advice and counsel outside of the litigation context. David is an appointed member of the District of Columbia’s Committee on the Unauthorized Practice of Law, and he draws from that experience to advise law firms on alternative business structures. He also advises clients on transactions involving commercial and consumer-facing contracts.

The common theme in David's practice is his approach: a close partnership with his clients to find creative and lasting solutions to their most challenging problems. As reported by The Legal 500 United States, clients describe him as "easily accessible" and "respectful," someone who "quickly responds to client inquiries with direct and helpful communication." He was named to the "Rising Stars" list for Washington, DC in the 2014 through 2019 editions of Super Lawyers.

Born in California and raised in Minnesota, David graduated with honors from Dartmouth College, where he studied computer science, rowed varsity crew, and was selected Academic All-Ivy in the 2002 and 2003 seasons. After college, he managed operations for a distribution company in the Chicago area. David received his J.D. from the University of Michigan Law School, where he graduated magna cum laude, was a member of the Order of the Coif, and served as an editor of the Michigan Law Review. Following law school, David clerked in Seattle for Judge Ronald M. Gould of the US Court of Appeals for the Ninth Circuit before entering private practice. He lives in the District of Columbia with his wife and three sons.

Areas of FocusConsumer Goods, Food and Retail Financial Services Life Sciences Technology Intellectual Property Litigation, Arbitration and Investigations

Bar admissionsCaliforniaDistrict of Columbia

CourtsSupreme Court of the United StatesUnited States Court of Appeals for the First CircuitUnited States Court of Appeals for the Second CircuitUnited States Court of Appeals for the Ninth CircuitUnited States Court of Appeals for the Tenth CircuitUnited States Court of Appeals for the District of Columbia CircuitUnited States District Court for the District of ColumbiaUnited States District Court for the Northern District of CaliforniaUnited States District Court for the Central District of CaliforniaUnited States District Court for the Southern District of CaliforniaUnited States District Court for the Eastern District of MichiganUnited States Tax Court

EXPERIENCE

Business and Commercial Litigation

Trial counsel for one of the world's largest food companies in a billion-dollar business acquisition dispute
Trial counsel for a branded pharmaceutical company in a patent-infringement dispute
Trial counsel for a public technology company in an eight-figure government contract dispute
Trial counsel for a major financial services firm in a nine-figure breach-of-contract dispute
Defense of international banks against claims alleging violations of the federal Anti-Terrorism Act
Defense of numerous national consumer-facing businesses in mass arbitrations alleging e-commerce practices violate federal and state privacy laws
Defense of numerous class action lawsuits against international human and pet food manufacturers alleging false advertising and unfair competition
Prosecution of numerous patent infringement claims, and defense of numerous patent invalidity challenges, on behalf of international branded pharmaceutical companies
Defense of multiple global law firms against allegations of legal malpractice

Government Investigations and Litigation

Defense of the chairman of an investment firm in a Department of Justice (DOJ) criminal tax investigation
Representation of the chief executive of a global auto industry manufacturer in a DOJ criminal fraud investigation
Representation of a trader at an international bank in a Securities and Exchange Commission (SEC) securities fraud investigation
Prosecution of, on behalf of multiple clients, petitions in US Tax Court challenging tax deficiencies asserted by the Internal Revenue Service (IRS)
Representation of testifying witnesses in multiple federal criminal prosecutions
Defense of multiple clients in investigations by state attorneys general
Prosecution of an individual's successful appeal from a conviction for second-degree assault
Representation of an individual in the US Supreme Court in an appeal addressing the constitutionality of DNA swabbing at the time of the arrest

Awards

Justice Seymour Simon Award, (2025)
Rising Star, Washington, DC, Super Lawyers, (2014 – 2019)

Pro Bono

David has an active pro bono practice. Currently, David supervises several cases handled by fellows of the DC Affordable Law Firm and numerous AKD Partners associates on a variety of family law matters.

Education

J.D., University of Michigan Law School
magna cum laude
Order of the Coif
Contributing Editor, Michigan Law Review

A.B., Computer Science, Dartmouth College
cum laude

Bylines

Co-author, "Comparing 5 Administrators' Mass Arbitration Procedures," Law 360, August 2024
Co-author, "4 Ways Businesses Can Address Threat of Mass Arbitration," Law 360, June 2024
Co-author, "'SPAC' Clients Pose Unique Risks for Law Firms: Lessons Learned from Defending Lawyers in Malpractice Cases," CNA, November 2021

Seminars

Speaker, "Food and Beverage Litigation – Recent Trends, Issues and Challenges Explored," October 2020
Speaker, "Inequitable Conduct After Therasense," (2018)

Media Mentions