DAVID B. EZRA
Mediator | Alternative Dispute Resolution Expert
As a shareholder in Berger Kahn’s South Orange County office, David Ezra has successfully represented clients involved in insurance and employment litigation for over 25 years. David excels at helping parties find common ground and is known for achieving settlements in even the most challenging circumstances in a cost-effective and time-efficient manner. Armed with extensive liability insurance coverage knowledge, decades of litigation experience, and innovative problem-solving strategies, David is dedicated to collaborating with parties to resolve even the most complex cases.
After earning his J.D. from the University of Southern California in 1990 (Order of the Coif, Top 3%) where he served as editor of the Southern California Law Review, David completed his mediation training and certification in 2005 through UC Irvine’s Conflict Management and the Use Of Alternative Dispute Resolution Program. He currently holds an executive leadership position for the Orange County Bar Association, serving as the 2018 Chair for the Alternative Dispute Resolution section. He also serves as a volunteer arbitrator for the Orange County Bar Association’s mandatory attorney fee arbitration program, demonstrating his dedication to alternative dispute resolution not only in business, but as a way of giving back to the community.
David has been recognized for his years of hard work and dedication, including being named Best Lawyers 2018 and 2016 Insurance Litigation "Lawyer of the Year" for Southern California. He has also been included in the list of Best Lawyers of America from 2015 to present, Super Lawyer's list of "Top 100" Southern California Super Lawyers from 2013 to present and "Top 50" Orange County Super Lawyers from 2010 to present. Additionally, David has been recognized as one of Orange County's "Top 5" Attorneys in Insurance and/or Employment law by OC Metro magazine.
Since co-founding Innovative Dispute Resolution (IDR) in 2005, David has launched his own mediation and arbitration practice, David Ezra Mediations, where he mediates a wide range of complex disputes related to employment and labor, insurance, business, defamation, construction, personal injury, professional liability, finance, bankruptcy, and more. Although David Ezra Mediations is based in Orange County, David extends his services to all areas of California. He also offers his services as an expert witness in connection with insurance litigation (see David Ezra Expert Witness).
Beyond his litigation and mediation work, David writes and speaks extensively on mediation, insurance, employment and other related aspects of law, having most recently published the mediation article “The Mediator’s Nightmare” (as featured in the Orange County Bar Association publication, OC Lawyer). In his free time, David explores his interest in baseball. In 2008, he published a book on baseball and steroids, Asterisk: Home Runs, Steroids, and the Rush to Judgment (Triumph Books; Foreword by Mike Schmidt).
APPELLATE DECISIONS
David has significant appellate experience, obtaining many published and unpublished decisions, including:
Hayward v. Superior Court, 2 Cal.App.5th 10 (2016)
Underwriters of Interest Subscribing to Policy No. A15274001 v. ProBuilders Specialty Ins. Co., 241 Cal.App.4th 721 (2015)
Liberty Mut. Fire Ins. Co. v. Central Garden & Pet Co., 2013 Cal.App.Unpub. LEXIS 6245
Farmers Ins. Exch. v. Kim, 2013 Cal.App.Unpub. LEXIS 2309
Lomes v. Hartford Financial Services Group, 88 Cal.App.4th 127 (2001)
Continental Casualty Co. v. Superior Court (Paragon), 92 Cal.App.4th 430 (2001)
Padilla Construction Co., Inc. v. Transportation Ins. Co.,150 Cal.App.4th 984 (2007)
Molski v. Evergreen Dynasty Corp., 500 F.3d 1047 (9th Cir. 2007)
Equus Prods. v. Truck Ins. Exch., B185357, 2006 Cal. App. Unpub. LEXIS 10082 (Ct. App. Nov. 6, 2006)
PUBLISHED WORKS
David writes and speaks extensively on a variety of legal topics. Some of David’s publications include:
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Reaching for Understanding: Mediating Employment Disputes With Small Business Owners by David Ezra, Orange County Lawyer, July 2016
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Fraud and Collusion Defenses Can be Risky, Los Angeles Daily Journal, November 2015.
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“The Mediator’s Nightmare: Am I the Most Unreasonable Party’s Advocate?” by David Ezra, Orange County Lawyer, August 2015.
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“Writing a ‘Winning’ Mediation Brief” by David Ezra, Mediate.com
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"Taking A Pregnant Pause: Potential Pitfalls In Applying The Business Judgment Rule And The Mixed Motive Defense In Employment Cases," Orange County Lawyer, October 2014
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"What You May Not Know About Uninsured Motorist Claims," Claims Journal, August 2014
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"Mastering the Blue Ridge Settlement Reservation of Rights" by David Ezra
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"Year-End Insurance Tips for the Small Business Owner" by David Ezra, Avvo Legal Advice
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"Beware 'Fraud and Collusion' Defense in Bad Faith Cases" by David Ezra, Los Angeles Daily Journal, November 2015
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“Making Sense of California’s Accident Requirement in Liability Insurance Policies" – Part 1 and Part 2 by David Ezra, FC & S Legal, two-part article, Sept. and Oct./Nov. 2014
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"Loose Lips Sink Ships: Panel Counsel and Confidentiality" by David Ezra, Los Angeles Daily Journal, September 2013
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"Lease Insurance Clauses: Who and What Do They Protect?" featuring guest speaker David Ezra, CRE Radio, April 2013
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"Expert Employment Law Attorneys' Year End Review on California Wage and Hour Cases" by David Ezra and Erin Ezra, Market Wired
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Asterisk: Home Runs, Steroids, and the Rush to Judgment (Triumph Books (2008) (Foreword by Mike Schmidt)).
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"How Presley Homes Has Changed the Duty to Defend," Los Angeles Lawyer, April 2003
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‘Get Your Ashes Out of My Living Room!': Controlling Tobacco Smoke in Multi-Unit Residential Housing, 54 Rutgers Law Review 135-189 (2001)
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"Shedding New Light on the Cumis Doctrine," The Recorder, October, 1998
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Sticks and Stones Can Break My Bones But Tobacco Smoke Can Kill Me: Can We Protect Children From Parents that Smoke?, 13 St. Louis University Public Law Review 547-590 (1994)
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Separate But Not Equal: Gender Specific Dress Codes and Employment Discrimination," 3 Western State University Journal of Law 119-144 (1994)
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'Get Off Your Butts': The Employer’s Right to Regulate Employee Smoking, 60 Tennessee Law Review 905-955 (1993)
EDUCATION
University of California, Irvine, Certification in Conflict Management and Alternative Dispute Resolution (2005)
University of Southern California School of Law (JD, 1990)
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Editor, Southern California Law Review
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Order of the Coif
California State University, Fullerton, with honors (BA, 1987)
ADMITTED TO PRACTICE
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California
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U.S. District Court, Northern, Central and Southern Districts of California
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U.S. Court of Appeals, Ninth Circuit
Orange County Bar Association, Chair, Alternative Dispute Resolution Section, 2018
Orange County Bar Association, Secretary/Treasurer, Alternative Dispute Resolution Section, 2016
Orange County Bar Association, Member
MEMBERSHIPS
DISTINCTIONS
AV® Preeminent™ Peer Review Rated – Martindale-Hubbell
AV® Preeminent™ Peer Review Rated – Martindale-Hubbell in Alternative Dispute Resolution
“America’s Top 100 Attorneys” Lifetime Achievement Honor
Best Lawyers Recognition
Best Lawyers 2019 – Insurance Litigation “Lawyer of the Year” in Southern California
Best Lawyers 2018 – Insurance Litigation “Lawyer of the Year” in Southern California
Best Lawyers 2016 – Insurance Litigation “Lawyer of the Year” in Southern California
Best Lawyers of America 2019 Southern California – Commercial Litigation, Insurance Law and Litigation
Best Lawyers of America 2018 Southern California – Commercial Litigation, Insurance Law and Litigation
Best Lawyers of America 2017 Southern California – Commercial Litigation, Insurance Law and Litigation
Best Lawyers of America 2016 Southern California – Commercial Litigation, Insurance Law and Litigation
Best Lawyers of America 2015 Southern California – Commercial Litigation
OC Metro Recognition
Top 5 Orange County Attorneys in Insurance Law, OC Metro Magazine, 2012
Top 5 Orange County Attorneys in Insurance Law, OC Metro Magazine, 2011
Top 5 Orange County Attorneys in Insurance Law and Employment Law, OC Metro Magazine, 2010
Top 5 Orange County Attorneys in Employment Law, OC Metro Magazine, 2009
Super Lawyers Recognition
Top 100 Southern California Super Lawyers 2013-2018
Top 50 Orange County Southern California Super Lawyers 2010-2018
2019 Southern California Super Lawyers
2018 Southern California Super Lawyers
2017 Southern California Super Lawyers
2016 Southern California Super Lawyers
2015 Southern California Super Lawyers
2014 Southern California Super Lawyers
2013 Southern California Super Lawyers
2012 Southern California Super Lawyers
2011 Southern California Super Lawyers
2010 Southern California Super Lawyers
2009 Southern California Super Lawyers
2007 Southern California Super Lawyers
RECENT MEDIA COVERAGE
Best Lawyers – August 15, 2018
Best Lawyers – August 15, 2018
Berger Kahn Attends OCBA’s ADR Section July Meeting Featuring Retired Shareholder Lance LaBelle
Orange County Bar Association – August 6, 2018
Shareholder David Ezra to Chair ADR Section of the Orange County Bar Association for 2018
O.C. Bar Association – November 29, 2017
Best Lawyers – July 15, 2017
David Ezra Named as Best Lawyers 2018 Insurance Law “Lawyer of the Year” for Southern California
Best Lawyers – July 15, 2017
Orange County Attorney Journal – July 14, 2017
American Lawyer – April 19, 2017
Attorney Journal – February 20, 2017
Super Lawyers – January 20, 2017
Claims Journal – December 6, 2016
All Berger Kahn Shareholders Featured in 2016 Super Lawyers Business Edition
Super Lawyers – November 23, 2016
Attorney Journal Features Shareholders Steve Cohn and Dave Ezra for Best Lawyers Recognition
O.C. Attorney Journal – November 1, 2016
The National Law Journal Features Berger Kahn Attorneys in List of “Top Rated Lawyers”
National Law Journal – September 1, 2016
O.C. Attorney Journal – August 3, 2016
Orange County Lawyer – July 1, 2016
“America’s Top 100 Attorneys” Lifetime Achievement Honor Received by Berger Kahn Attorneys
America’s Top 100 – June 20, 2016
O.C. Attorney Journal – April 13, 2016
O.C. Bar Association – March 14, 2016
Wall Street Journal Features Berger Kahn as a 2016 “Top Ranked Law Firm”
Wall Street Journal – January 29, 2016
Super Lawyers – January 20, 2016
Shareholder David Ezra Rises to O.C. Bar Association Board Position for ADR Section
O.C. Bar Association – January 4, 2016
Shareholder David Ezra Featured in Avvo for “Year-End Insurance Tips for the Small Business Owner”
Avvo Legal Guides – January 4, 2016
HG Legal Resources Features Shareholder David Ezra for Small Business Owner Insurance Tips for 2016
HG Legal Resources – January 4, 2016
O.C. Attorney Journal – December 17, 2015
HG Legal Resources – December 17, 2015
Avvo Legal Guides – December 17, 2015
Daily Journal Features Principal Dave Ezra in “Fraud and Collusion Defenses Can be Risky”
Daily Journal – December 4, 2015
Los Angeles Times Features Berger Kahn Attorneys in List of “Top Rated Attorneys”
Los Angeles Times – October 14, 2015
O.C. Lawyer Magazine – October 14, 2015
Coast Magazine – October 1, 2015
Best Lawyers in America Recognizes Berger Kahn Shareholders to 2016 List
Best Lawyers of America – August 17, 2015
O.C. Lawyer Features Principal David Ezra in Mediation Column “The Mediator’s Nightmare…”
O.C. Lawyer – August 1, 2015
O.C. Bar Association Commends Berger Kahn Attorneys for Selection to Super Lawyers “Top” Lists
O.C. Bar Association – June 11, 2015
Claims Journal – January 2, 2015
Berger Kahn Celebrates 45th Anniversary as a Unique California Law Firm
January 2, 2015
Insurance Coverage Law Report – October 1, 2014
Orange County Attorney Journal – October 1, 2014
O.C. Lawyer – October 1, 2014
Orange County Register Metro – September 2, 2014
Los Angeles Times – September 1, 2014
National Law Journal – September 1, 2014
Claims Journal – August 26, 2014
Best Lawyers in America Recognizes Berger Kahn Managing Partner Craig Simon and Partner David Ezra
Best Lawyers in America – August 18, 2014
Principal Dave Ezra Featured in Mediate.com for “Writing a ‘Winning’ Mediation Brief”
Mediate.com – February 14, 2014
“Attorneys Pitch in During the Holidays” features Berger Kahn’s Charitable Efforts
Daily Journal – December 30, 2013
Daily Journal: Principal Dave Ezra on Appellate Review of Insurer-Appointed Defense Attorneys
Daily Journal- September 16, 2013
CRE Radio features Berger Kahn’s Dave Ezra on “Lease Insurance Clauses”
Commercial Real Estate Radio – April 26, 2013
ABC7 Los Angeles – February 21, 2013
Los Angeles Daily Journal – February 13, 2013
Column Featuring Principal Dave Ezra on Recent High-Profile Cycling Confession
Orange County Register – January 21, 2013
Lance Armstrong: Legally speaking, with David Ezra
Runners Network – January 20, 2013
Daily Journal: California employers rack up ‘wins’ in 2012 decisions
Los Angeles Daily Journal – December 19, 2012
Major Verdict Against Water District for Failure of Hydrants
CBS Money Watch – August 28, 2012
When is it Workplace Discrimination?
OC Metro – August 1, 2012
Expert Employment Law Attorneys’ Year End Review on California Wage and Hour Cases
Marketwire – December 26, 2011