David Barnes | San Francisco | Hogan Lovells

David Barnes

Senior Associate Litigation, Arbitration, and Employment

Languages

English, French

barnes-david

David Barnes
barnes-david
  • Overview
  • Experience
  • Credentials
  • Insights and events

David Barnes is a litigator and regulatory attorney who concentrates his practice on complex consumer product and environmental matters. He has counseled and represented clients in hundreds of matters involving established California laws such as Proposition 65, while also advising clients on developing environmental laws such as California’s Senate Bill 343 (Environmental Advertising) and Senate Bill 54 (Extended Producer Responsibility).

David represents clients in both federal and state courts. In state court, he has obtained the dismissal of more than 50 matters brought under California Proposition 65 on the basis that private enforcers’ pre-suit notices did not comply with the requirements of the implementing regulations, including the dismissal of 40 related cases via a successful motion for judgment on the pleadings he authored.  In federal court, he has represented two plaintiffs who obtained preliminary injunctions against Proposition 65 warnings for acrylamide on First Amendment grounds.  Before joining Hogan Lovells and while in law school, 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.

Representative experience

Obtained the dismissal of 40 related Proposition 65 actions for alleged exposures to acryalmide on the grounds that  pre-suit notices did not strictly comply with regulatory requirements.

Represented the Personal Care Products Council in obtaining a preliminary injunction against Proposition 65 warnings for titanium dioxide in cosmetics on First Amendment grounds.

Advise consumer product companies and trade associations regarding Extended Producer Responsibility programs in California (SB54 and SB343) and other states, including preparing regulatory comments.

Obtained grants of asylum for pro bono client and her children as lead counsel in contested merits hearing in San Francisco Immigration Court.*

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.*

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 conviction as lead prosecutor in federal criminal case in the Eastern District of California while interning at Yosemite National Park’s Prosecution Office.*

Defended multiple food companies in Proposition 65 matters for which notices of violation were withdrawn in the pre-litigiation stage.

*Matter handled prior to joining Hogan Lovells.

Credentials

Education
  • J.D., Stanford Law School, 2017
  • B.A., Kent State University, summa cum laude, 2012
Bar admissions and qualifications
  • California
Court admissions
  • 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
Memberships
  • Member, Bar Association of San Francisco
  • Vice President and Founding Member, Kent State University Bay Area Alumni Association

Recognition

Recipient of the Father Cuchulain Moriarty Award for Asylum Advocacy

Lawyers Committee for Civil Rights of the San Francisco Bay Area

2023
Emerging Leader Initiative

Environmental Law Institute

2019