Licensed in both California and Texas, David Baker is a partner with the prestigious California law firm of Weintraub | Tobin in the firm’s Newport Beach office.  The firm has been an essential part of the California business and legal community since 1852 and David has been a practicing attorney since 1987.

David’s practice includes litigation and transactional work with an emphasis on intellectual property, business, and real property. In more than 20 years of practice, his legal experience has included a substantial amount of work in the areas of trademarks, copyrights, trade secrets, computer software development, licensing, distribution agreements and protocols, franchising, publisher’s rights, real property development and construction defects, homeowner’s associations, product liability, wrongful death and personal injury defense, and executive compensation and employment rights. David represents multi-national corporations, small and mid-size businesses, computer software companies, magazine publishers, real property owners and developers, and individual clients on a myriad of issues.

David has tried numerous cases before the California state superior courts and the Federal courts and has argued appeals before the California state appellate courts. He has successfully represented clients in more than 100 arbitrations and an equal number of mediations.

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Representative Matters

  • David represents the leading developer and provider of Student Information Software to public and private school districts in the state of California.
  • He represents numerous action sports and apparel companies and manages their trademark portfolios throughout the world.
  • He represents one of the leading software manufacturers specializing in entertainment center and hotel resort and restaurant management.
  • He represents the largest, privately owned airsoft retailer in the United States.
  • He represented one of the largest residential communities in California in a contentious and highly publicized Federal Court action over trademark rights resulting in a very favorable settlement for his client.
  • He represented the widow of a president and CEO in litigation with her husband’s corporation over intellectual property and real property rights resulting in a judgment and a later settlement worth more than $3.2 million in her favor.
  • He represented a well-known gate operator manufacturer in multiple lawsuits against competitors whose designs infringed on his client’s trade rights and forced the competitors to change their designs to avoid infringement.
  • He represented the retiring president and CEO of a major telephone directory in negotiating and securing a retirement package worth in excess of $12 million.
  • He represented a building contractor in a construction defect trial and subsequent bad faith action against his insurer resulting in a net $1.2 million judgment for his client.
  • He tried a significant products liability case against Mercedes-Benz in binding arbitration and obtained a defense verdict for his client.


  • California State Bar
  • Texas State Bar
  • 9th Circuit Court of Appeals
  • U.S. District Court for the Central District of California
  • U.S. District Court for the Northern District of California
  • U.S. District Court for the Southern District of California


  • University of San Diego School of Law, San Diego, California, J.D., 1987
  • University of San Diego, Masters Program, International Relations, cum laude
  • University of Southern California, B.A., 1983, cum laude
  • University of Kent, Canterbury, England, 1983, University Diploma with Honors

Publications/Speaking Engagements

  • Mr. Baker is a frequent contributor to numerous legal and business publications and his legal articles have appeared in the Los Angeles Daily Journal, The Orange County Business Journal, OC Metro and The Orange County Register as well as many popular and trade publications, including Transworld Business.
  • Mr. Baker is a popular speaker who has made presentations and sat on panels at San Diego Comic-Con, the Action Sports Retailers Show (ASR), the Agenda Show, and the Orange County Marketing Association.
  • Mr. Baker also frequently contributes articles to popular publications such as Military History magazine, Military Heritage magazine, Wheels & Tracks magazine, North & South magazine, and many others.


  • California State Bar Association
  • Orange County Bar Association
  • American Bar Association
  • International Trademark Association (INTA)
  • Civil War Trust
  • The Nature Conservancy

Community Involvement

  • American Civil War Society, 71st Pennsylvania Volunteer Infantry
  • Roughnecks Airsoft Infantry Detachment
  • American Youth Soccer Organization (coach, referee, and Board member)
  • Orange County Lacrosse (coach, Board member)