David S. Rosenbaum

As a trial attorney, David provides defense litigation in the areas of Trusts and Will Disputes Employment, Breach of Contract, Personal Injury Defense (CGL, Homeowners, Automobile policies), and Public Entity Defense (Dangerous Condition, Policy Officer Liability).

David acts as personal counsel and Cumis counsel when your personal assets are at risk because you either have no or insufficient insurance coverage. David also acts as plaintiff counsel in Financial Elder Abuse cases. David provides business counseling for selection of an appropriate entity and employment counseling for employers.

David’s experience, practicing since 1991, with 23 jury trials, 300+ arbitrations, 300+ mediations and 10 appeals, has taught him that trial by jury is at times a necessity, but he prides himself on realizing his clients’ goals in the most efficient and cost-effective ways possible.


Start-up, Emerging and Publicly Held Corporations | Insurance Company Policy Holders | General and Sub-contractors | Public Entities | Non-Profit Organizations | Individuals | Employers | Trustees/Executors

Current Positions

Managing shareholder at McDowall Cotter | Former President Association of Defense Counsel in Northern California and Nevada

Professional Summary

David is also a writer and educator. He has authored and frequently speaks to fellow attorneys, insurance companies, and industry trade groups a variety of topics and titles such as:

Personal Injury Defense Topics

  • Analyzing Liens in Personal Injury Cases
  • Medicare Mandatory Insurer Reporting
  • The Mystery of Medicare Uncovered (an analysis of the Medicare Secondary Payor Statute and Electronic Reporting)
  • Proving the Value of Present and Future Medical Bills Under Howell and Corenbaum: How to Establish “Negotiated Rate Differentials” in Medicare, Kaiser, and Other Lien Cases
  • Personal Injury for Paralegals in California
  • The Future of Discovery – Ethically Mining the Web for Evidentiary Gold
  • Rosenbaum, D. (2015, Summer). Kaiser Health Plans: Is Planiff’s Real Measure of Recovery Zero Dollars? Defense Comment.

Business Operations and Planning Topics

  • Why All Successful Businesses Need a Written Business Plan and How to Make One
  • Improving Office Efficiency – A Process Based Approach to Operations and Implementation of a Technology Platform
  • Strategic Use of Technology to Raise Revenues in the Law Office
  • Optimizing the Modern Law Firm
  • Law Office in Your Pocket – Apps that Allow You to Practice Law Anywhere You Want, Without Lugging all that Paper Around
  • The Virtual Law Office

Employment Law Topics

  • Social Media, Computers and Mobile Technology — Traps for the Unwary
  • Rest and Meal Breaks in Light of Brinker
  • How do we Avoid the Wage and Hour Lawsuit — Non-exempt, Lunch and Rest Breaks, Record Keeping
  • Employee Handbooks – Does our Business Need One?
  • So He “won’t be back,” How to be an Employer Terminator
  • Protecting your Best Kept Trade Secrets! Customer & Vendor Lists, Processes & Technology
  • Independent Contractor or Employee; Exempt or Non-Exempt? Those are the Questions (Employer Problems with misclassified workers)

Estate Litigation Topics

  • Current Trends in Estate Litigation

Since 2007 David has been on the Board of Directors for the Association of Defense Counsel, Northern California, and Nevada. He is also active in local public service organizations, having served on the Board of Directors as Secretary to San Mateo County’s StarVista, from which he was the 2006 recipient of the Silver Barbell Award, “In recognition of the extraordinary contributions in helping to make a tangible difference to the thousands of low-income and at-risk youth and families served in the San Mateo County area.”

David received his B.A. at the University of Oregon and his law degree at Santa Clara University School of Law. In addition to his native English, he speaks Italian, French, and Greek.