David C. Kistler

Biography

David Kistler, a partner in the Firm’s Commercial Litigation practice group and co-chair of its class action team, focuses his practice on:

  • class action defense
  • patent litigation
  • business disputes
  • chancery litigation
  • appeals

Dave has over 15 years’ experience serving as counsel in numerous high-stakes business litigations. The breadth of Dave’s experience includes work for publicly-traded and privately-held clients in industries such as pharmaceuticals, sports and entertainment, technology, retail, hospitality, and payment-processing, where he has successfully handled high-exposure class actions, patent litigation, business disputes and appeals.

Chambers USA recognizes Dave as an “up & coming” leader in litigation. Chambers notes that he “is building a reputation as a go-to commercial attorney within the state.” A “rising star at Blank Rome,” sources describe Dave as “developing a fine reputation in the market for class action defense work and strengths in appellate matters” and praise his “great strategic skills.”

Outside the Firm

Dave resides in Holmdel, New Jersey, with his wife Jennifer and their three children.

Related Services

Experience

Class Action Litigation

  • A publicly-traded global hospitality company and a prominent global restaurant chain, in putative consumer fraud class action lawsuit regarding the omission of drink prices from menus.
  • A publicly-traded global manufacturing company, in putative nationwide class action alleging multi-decade fraud on litigants and courts in asbestos litigations across the country.
  • A generic pharmaceutical company, in putative nationwide average wholesale price class action.
  • Private equity companies, in putative consumer fraud class action lawsuit regarding the disclosure of regulation changes that impacted a career college.
  • A publicly-traded internet advertising company and its individual directors and officers, in putative securities class action in which the plaintiffs/shareholders sought to enjoin a merger based upon purported disclosure inadequacies and other valuation-related issues with the merger.
  • A national chain of professional tanning salons, in putative nationwide consumer fraud class action lawsuit.
  • An international food company in several putative consumer fraud class action lawsuits.
  • A real estate company, in defending a putative class action complaint arising under the New Jersey Consumer Fraud Act, Truth-In-Renting Act and Civil Rights Act.
  • An NFL team and its head coach, in putative class action lawsuit arising out of the “Spygate” Investigation.
  • A real estate company, in defending a putative class action complaint arising out of a residential lease agreement provision.

Hatch-Waxman Litigation

  • Lead defense counsel for a generic pharmaceutical company, in a Hatch-Waxman litigation involving a generic version of palonosetron (ALOXI®).
  • Lead defense counsel for a generic pharmaceutical company, in a Hatch-Waxman litigation involving a generic version of lurasidone (LATUDA®).
  • Lead defense counsel for a generic pharmaceutical company, in a Hatch-Waxman litigation involving a generic version of pemetrexed (ALIMTA®).
  • Defense co-counsel for a generic pharmaceutical company, in a Hatch-Waxman litigation involving a generic version of aripiprazole (ABILIFY®).

Commercial and Corporate Litigation

  • A national home builder, in several actions involving issues of consumer fraud, legal and engineering malpractice and copyright law.
  • A prominent Republican White House Advisor, in defending ethics complaint relating to pay-to-play and other New Jersey regulations.
  • A publicly traded credit/debit card processing company, in simultaneous multi-jurisdictional litigation involving claims of, among other things, breach of contract, tortious interference with contractual and prospective business relationships, and patent infringement.
  • The Robertson Family, in a donor intent lawsuit against Princeton University arising out of the use of the $900 million Robertson Endowment in the New Jersey Chancery Division.
  • A manufacturer of nutritional and weight loss supplements, in defending claims of trademark infringement and false advertising.
  • A family-owned manufacturer of timepieces and related merchandise and several publicly traded retail companies, in defending claims of trademark infringement brought by individual holding the intellectual property rights relating to the cartoon character Felix the Cat.
  • A prominent New York real estate company, in defending breach of contract claims brought by former broker and prosecuting counterclaims for tortious interference with contract against former broker and his new company.
  • A publicly-traded oil company, in defending unfair competition, antitrust and “bad faith” claims by franchisee based on “unfair” pricing.
  • A publicly-traded company, in defending claims of tortious conduct and unfair competition designed to drive a competitor out of business.

News & Views

See all News and Views

Recognitions

  • 2011, General Litigation Department of the Year, First Finalist, New Jersey
  • 2013 and 2014, “Up & Coming Leader” in Litigation, listed in Chambers USA
  • 2013, New Jersey’s “New Leaders of the Bar,” listed in New Jersey Law Journal
  • 2010–2016, New Jersey “Rising Star" for Business Litigation, listed by Super Lawyers
  • 2017–2018, New Jersey “Super Lawyer” for Business Litigation, listed by Super Lawyers

Affiliations

Memberships

  • Association of the Federal Bar of the State of New Jersey
  • Mercer County Bar Association
  • Middlesex County Bar Association
  • New Jersey State Bar Association
  • New York State Bar Association
  • State of New Jersey Committee on Character
  • Third Circuit Bar Association
Professional Activities
  • Member, New Jersey Supreme Court's Committee on Character
  • Trustee, Association of the Federal Bar of the District of New Jersey

Credentials

Admissions

  • New Jersey
  • New York
  • United States Court of Appeals for the Federal Circuit
  • United States Court of Appeals for the Second Circuit
  • United States Court of Appeals for the Third Circuit
  • U.S. District Court - New Jersey
  • U.S. District Court - Southern District of New York
  • U.S. District Court - Eastern District of New York

Education

  • Seton Hall University School of Law, JD
  • University of Delaware, BA