After 37 years of practice as a trial attorney representing both plaintiff and defense interests, coupled with over 24 years mediating and arbitrating, ABOTA member, David M. Karen brings a wealth of sophisticated civil litigation and trial experience. His 1997 USDC Central District Wrongful Termination verdict recovering $1.6M in unvested stock options (Fleming v. Parametric) was affirmed by the 9th Circuit on appeal and his Failure to Warn litigation (Riera/Himes v. Somatics) testing the scope of the Learned Intermediary doctrine resulted in new law before the California Supreme Court. Having participated as lead trial counsel in almost every type of civil litigation dispute over his career, his experience includes real estate, construction, medical and legal negligence claims, personal injury, product liability, and wrongful death matters. He has now been engaged in over 1000 matters as a neutral. David is now available as a full-time Mediator and Arbitrator, exclusively with Judicate West.
Having begun his mediation career in 1999 as a panelist with the LA Superior Court, he has consistently grown his private mediation practice. Acting as pro tem settlement judge handling MSCs with the Ventura Superior Court in beginning in 2002, he met the Honorable David W. Long (Ret.), and his career as a well-respected, balanced neutral has continued to gain a steady following. In 2014 he formally joined forces with Judge Long, taking over the helm of Creative Dispute Resolution (CDR), one of Ventura County's most active ADR providers, continuing the expansion of mediation excellence originally established by a veteran mediator, Paul Fritz, Esq. in 1986.
With an undergraduate degree in Business Administration and Accounting, David is adept with the financial aspects involved in virtually any and all civil litigation matters. He was the Senior managing partner of his own firm (DK Law Group), representing plaintiffs, self-insureds, and carrier-represented defendants throughout his career. His business acumen and broad-based trial experience have allowed him to gain a unique and astute ability to keenly understand and manage the complex intricacies related to risk assessment and management in guiding his clientele, both as counsel and as a neutral.
Over the decades, he has been repeatedly described as being a creative, engaging, and a savvy mediator. As a result of his upbeat personality and balanced representation of interests throughout his legal career, David has developed the unique ability to both communicate and garner the trust of both parties and counsel in helping guide matters to resolution.
David states: I am a real believer in transparency in all dialogue. When all the hype gets stripped away, the decision-makers can understand others' perspectives through deft communication toward achieving shared goals and transformation happens. While every mediation is different, the personalities and the genuine needs of the parties, when finally exposed, help create avenues for meeting the needs of the parties. There is not much in life that brings more professional satisfaction than helping others find meaningful closure.
- Personal Injury
- Premises Liability
- Products Liability
- Real Estate Disputes
- Business/Contractual Matters
- Construction Defect
- Employment and Wrongful Termination
- Government Liability
- Professional Negligence (Medical and Legal)
Mr. Karen's interests include tennis, golf, travel and theater. He's an active United States Tennis Association player, has hit on the red clay in Monte Carlo, watched Rafa Nadal at the French Open, Roger Federer at the U.S. Open, and has played with the Bryan Brothers for charity. His favorite theater experiences include seeing Hamilton and Witness for the Prosecution in London. His bucket list items that remain are to see the pros play at Wimbledon, get to the Australian Open and hopes to set foot at Augusta to see the Masters.
- Neutral, Judicate West (2020-Present)
- Mediator, Arbitrator (1999-Present)
- ADR Panelist, Los Angeles Superior Court (1999-2010)
- Settlement Pro Tem, Ventura County Superior Court (2002-2015)
- Mediator, Arbitrator, 11th Hour Mediation (1999-2015)
- Senior Managing Partner, DK Law Group (2011-Present)
- Law Offices of David M. Karen (1997-2011)
- Lovretovich & Karen (1989-1997)
- Goldstone & Lovretovich (1985-1988)
- Risley & Goor (1983-1985)
- J.D., Loyola Law School (1984)
- B. S., California State University, Northridge (1981)
- Mediation Training, Pepperdine University School of Law/Straus Institute for Dispute Resolution (Mediating the Litigated Case, 2000; Employment, Medical Malpractice, Personal Injury Advanced Mediation Training, 2003; Advanced Mediation Training, 2004; Improvised Mediation, 2007; Preventing Bad Settlement Decisions and Impasse, 2012)
- Mr. Karen has been the Chair of the ADR committee, Ventura County Bar Association since 2013
- Moderated numerous MCLE seminars for various plaintiff and defense groups
- Founder, DKLG/CDR Internship Program, Mock Trial Participants, 2014-present
A.D.A.
- Mediated a partnership dispute in a veterinary practice involving claims of breach of contract, breach of fiduciary duty, and misclassification of a partner as an independent contractor.
Contractual
- Mediated a dispute over a materials storage agreement involving allegations of breach due to failure to comply with contractual terms.
- Mediated a family business dispute among heirs involving allegations of statutory and fiduciary duty breaches.
- Mediated commercial dispute between hemp producer and farmer over contract to cultivate and harvest 80+ acres for CBD production, involving breach of contract and multi-million dollar counterclaims for failure to meet industry standards.
Fraud/Misrepresentation
- Mediated dispute involving misrepresentation and fraud claims arising from the sale of a business.
Construction Defects
- Mediated a case in which the owners sought $1 million in damages due to alleged poor construction by the general contractor.
Pregnancy Discrimination
- Mediated a highly contested wrongful termination dispute involving claims of pregnancy discrimination, workplace harassment, retaliation, denial of pregnancy disability leave, and failure to accommodate.
Wage and Hour
- Mediated a misclassification dispute brought by a former employee involving claims of unpaid overtime and contested liability.
Wrongful Term & Discrimination
- Mediated a wrongful termination and discrimination case involving allegations of harassment and discriminatory treatment based on a medical condition.
- Mediated a California Fair Employment and Housing Act (FEHA) dispute involving claims of retaliation, failure to accommodate, and wrongful termination.
Regulatory
- Mediated a declaratory relief action involving claims for injunctive and equitable relief, as well as monetary damages related to the impact of reclassification on a retirement plan.
IP Trade Secrets
- Mediated a dispute in which a general contractor sued a homeowners association (HOA) for misappropriation of trade secrets involving proprietary plumbing methodology.
Estates/Trusts
- Mediated a trust property dispute involving a contested life estate claim by ten heirs.
Probate
- Mediated a trust distribution dispute involving seven family members, with allegations of undue influence.
Legal
- Mediated a legal malpractice dispute involving an uninsured attorney, with contested issues of breach and damages.
Breach Of Contract
- Mediated a specific performance action in which the plaintiff sought to compel the defendant to complete repairs and close escrow.
- Mediated a dispute involving alleged breach of fiduciary duties and violations of the Homeowner's Bill of Rights (HBOR) related to a loan modification.
- Mediated a dispute arising from a marital settlement agreement concerning a promissory note secured by a deed of trust.
Buy/Sell
- Mediated real estate sale dispute involving contested liquidated damages and commission terms.
Real Estate Land Use
- Mediated land use dispute involving easement rights.
Real Property
- Mediated ownership dispute involving a lis pendens claim.
Elder Abuse
- Mediated elder abuse case involving a 95-year-old plaintiff alleging negligence and abuse by a 24-hour caregiving firm.
General Negligence
- Mediated personal injury case—plaintiff alleged rotator cuff tear from fall triggered by barking dog; liability disputed.
Personal Injury
- Mediated injury case—independent contractor injured when unsecured framing collapsed due to general contractor’s alleged negligence.
- Mediated a case involving a minor's mental health misrepresentation with negligence based claims and coverage issues.
PI Auto
- Mediated personal injury case—plaintiff seriously injured after being struck by a municipally operated truck.
- Mediated auto collision case with disputed liability and injuries.
Premises Liability
- Mediated premises liability case—plaintiff sustained multiple cervical disc herniations from falling display product in commercial warehouse.
- Mediated slip-and-fall case at warehouse—disputed notice and extent of injuries.
Product Liability
- Mediated industrial injury case—plaintiff’s hand severed by mixer; liability disputed.
Toxic Torts
- Mediated a personal injury case with issues of toxic mold in the plaintiff's residence. Reached a settlement.
