David A. Ernst

Shareholder, Portland Office

Direct Dial: 503.499.4634
Fax: 503.295.0915
dave.ernst@bullivant.com



Practice Areas

Industries

Bar/Court Admissions

Admitted to Oregon Bar, 1985
Admitted to U.S. District Court, District of Oregon, 1985
Admitted to Washington Bar, 1990
Admitted to U.S. District Court, Western District of Washington, 1990

Education

  • Lewis & Clark Law School - J.D., cum laude, 1985
  • Oregon State University - B.S., with honors, 1982

Experience

David Ernst chairs the firm's Food & Beverage Industry Group and devotes a substantial portion of his practice to litigation issues unique to the food and beverage industry. He represents national restaurant clients, food manufacturers, and distributors in outbreak and contamination claims throughout the United States. Mr. Ernst has handled over 1,000 cases arising from foodborne illness outbreaks over the last fifteen years, including E.coli, Hepatitis A, and Salmonella claims (including the 2007 peanut butter outbreak). He has also represented the food and beverage industry in class action litigation. David is a frequent author and speaker on food safety and liability issues. He has been recognized as a premier litigator by Chambers USA: America's Leading Lawyers for Business; the publication described him as having "developed an impressive national reputation in food outbreak disputes."

David works with clients locally on employment litigation and abuse litigation for non-profit institutions. He has tried over 40 jury trials and is a member of the American Board of Trial Advocates.

Representative Matters:

  • Coordinating counsel for West Coast beef processor in 2007 national E. coli O157:H7 outbreak, resulting in dozens of claims.
  • Counsel for produce distributor in 2006 E. coli outbreak in Utah resulting in numerous significant claims.
  • National coordinating counsel for restaurant chain associated with a 2006 E. coli O157:H7 outbreak in the Midwest.
  • National coordinating counsel for Chi Chi's restaurant chain in 2003 Hepatitis A outbreak in Pennsylvania.This was the largest Hepatitis A outbreak in U.S. history and resulted in over 600 claims.
  • Counsel for peanut butter manufacturer in national salmonella outbreak in 2007.
  • Since 1990, counsel for national restaurant chains in numerous high profile foodborne illness cases throughout the United States.
  • Numerous engagements for restaurant chains, food manufacturers and distributors on food safety risk management, policy development and food outbreak response plans.
David Ernst

Professional/Civic Involvement

David's recent professional and civic involvement includes the following:

  • Chair, Business for Culture & the Arts Board of Directors (2009-2011)
  • Chair, Classroom Law Project Board of Directors (2010-2011)
  • Board of Directors, Classroom Law Project (2005-present)
  • Firm President/Managing Shareholder, Bullivant Houser Bailey PC (2006-2009)
  • Board of Directors, Bullivant Houser Bailey PC (2006-2009 and 1997-2002)
  • Shareholder-in-Charge, Portland office, Bullivant Houser Bailey PC (2002-2005)
  • Board of Directors, Northwest Business for Culture and the Arts (2006-present)
  • Co-chair, Portland Managing Partners Roundtable (2007-2008)
  • Fellow, Litigation Counsel of America
  • Member, American Board of Trial Advocates
  • Board of Directors, Multnomah Bar Foundation (2005-2007)
  • Program Co-Chair, Second Annual DRI Conference on Food Liability, Chicago, Illinois (2006)
  • Program Chair, First Annual DRI Conference on Food Liability, St. Louis, MO (2005)
  • Board of Directors, Multnomah Bar Association (2005-2009)
  • Board of Visitors, Lewis and Clark Law School (2003-present)
  • Chair, Ninth Circuit Lawyer Representatives, Oregon (2001)

Awards and Honors

  • Named as one of Oregon's top commercial litigators by Chambers USA: America's Leading Lawyers for Business (2010, 2009, 2008, 2007, 2005)
  • Selected for inclusion in Oregon Super Lawyers (Personal Injury Defense: Products -- 2009, 2008, 2007, 2006)
  • AV®, Peer Review Rated by Martindale-Hubbell

Publications & Presentations

Mr. Ernst has authored over one hundred speeches and articles for national, regional and local business, legal and industry groups. His recent presentations include:

2009 Presentations

  • "U.S. Food Safety Legal Issues: Import/Export Liability," China International Food Safety and Quality Conference 2009, Beijing, China (November 4-5, 2009)
  • "Long-Term Health Problems Associated with Food-Borne Illness and How They Shape the Handling of Your Case From Start to Finish," American Conference Institute's 3rd National Forum on Food-Borne Illness Litigation, Chicago, IL (October 26-27, 2009)

2008 Presentations

  • "Advanced Strategies for Assessing, Managing and Defending Claims of Food Contamination," Food-Borne Illness Litigation Conference, Scottsdale, Arizona (December 4-5, 2008)
  • "Food Safety Challenges & Opportunities: The Legal Perspective," Horizons Food Safety Conference 2008, Charlotte, North Carolina (August 26, 2008)
  • "Defense Presentation to a Jury in a Food Liability Case," Defense Research Institute Food Liability Seminar: Defending the Industry, Chicago, Illinois (May 9, 2008)
  • "The Intersection of Law and Epidemiology: Theory v. Practice," Grocery Manufacturers Association/Food Products Association 2008 Food Claims and Litigation Conference, New Orleans, Louisiana (February 19-21, 2008)
2007 Presentations
  • "Ensuring Quality," The Foods of Oregon Educational Symposium, Portland, Oregon (September 29, 2007)
  • "Preparing Food Scientists for the Legal Aspects of a Crisis," International Association for Food Protection Annual Meeting, Lake Buena Vista, Florida (July 11, 2007)
  • "Lessons Learned: How a Foodborne Outbreak Impacts the Restaurant Industry," National Restaurant Association, Quality Assurance Executive Study Group Meeting, Denver, Colorado (April 24-26, 2007)
2006 Presentations
  • Speaker, "How the Restaurant Industry Can Survive an Outbreak," National Council of Chain Restaurants Annual Membership Meeting, Oak Brook, Illinois (2006)
  • Speaker, "Food & Beverage Industry Litigation - A View from the Trenches," Marriott Claims Services National Conference, Marriott Camelback Resort, Scottsdale, Arizona (2006)
  • Speaker, "Minimizing Litigation Risks During Food Product Development," Institute of Food Technologists Knowledge and Learning Center Program: Food Laws & Regulations, San Diego, California (2006)

2006 Articles

  • "When customers become ill, it's time for legal protections," Portland Business Journal (2006)
2005 Presentations
  • Speaker, "Surviving an Outbreak," Northwest Food Service Show, Portland, Oregon (2005)
  • Speaker, "How to Survive an Outbreak," Food Liability – Law, Science and Risk Management, Defense Research Institute, St. Louis, Missouri (2005)
  • Speaker, "Liability Issues Relating to the Sale of Food and Beverage," Retail and Hospitality Liability Conference, LexisNexis Mealey's, Las Vegas, Nevada (2005)
  • Speaker, "When All Hell Breaks Loose: Responding to Crisis," Wall Street Forum – Mass Tort Litigation, LexisNexis Mealey's, New York, New York (2005)
  • Speaker, "Litigating Claims Involving Food Liability Issues," Foodborne Illness Liability Teleconference, LexisNexis Mealey's (2005)

Articles

Firm News

Press Coverage

Audio Clips