Education

The Pennsylvania State University

B.A., English and Philosophy,

University of Missouri School of Journalism

M.A., Journalism and Mass Communication, 2006

Sandra Day O'Connor College of Law

J.D.,

Bar Admission

Arizona

David N. Ferrucci

Member

Overview

David Ferrucci focuses his practice on commercial litigation, intellectual property law, First Amendment/media litigation, and appellate advocacy. Mr. Ferrucci represents clients in matters involving breach of contract claims, unfair competition claims, racketeering defense, defamation and libel defense, and various intellectual property matters, including trademark and trade dress infringement claims.

Mr. Ferrucci has a national media and First Amendment litigation practice, having litigated claims on behalf of individuals and entities in Georgia, Illinois, and Arizona. He has represented both companies and public entities facing First Amendment claims or issues; individuals and businesses seeking to manage and protect their online reputations; and citizens targeted by so-called “SLAPP” lawsuits arising out of their public petitioning activities.

Prominent Assignments

Represented municipality in zoning dispute involving First Amendment issues that was ultimately resolved by the Arizona Supreme Court.

Currently leads defense of national publisher of public records in putative class action lawsuit.

Routinely handles defamation actions for both companies and individuals.

Successfully defended of author of a website critical of a multinational corporation against claims for racketeering and trademark infringement. Prevailed on summary judgment and successfully defended the lower court’s decision on appeal in the Ninth Circuit.

Represented manufacturer of parody products in various lawsuits involving claims for trademark and trade dress infringement.

Routinely represents both employers and employees in unfair competition cases, specifically cases involving non-competition and/or anti-solicitation provisions.

Professional Involvement

  • State Bar of Arizona
    • Intellectual Property Section Executive Council Member
  • Admitted to practice in the Supreme Court of Arizona
  • Admitted to practice in the United States District Court, District of Arizona 
  • Admitted to practice in the United States Court of Appeals, Ninth Circuit

Publications/Presentations

  • Co-Author with David G. Bray, Top 3 Unanswered Questions in Arizona Non-Compete Law, Arizona Attorney, September 2012.
  • Co-Author with Gary L. Birnbaum, Proposition 207, Condemnation Summit, October 19, 2012
  • Co-Author with Gary L. Birnbaum, The Relationship of the Attorney and the Expert Appraisal Witness, Condemnation Summit, May 4, 2012