Terra Law San Jose California

(408) 299-1200
Contact us online

Attorney Profile

David B. Draper Attorney David D Draper

Attorney at Law

San Jose, California

Phone: (408) 299-1205

Fax: (408) 998-4895

Email: Email David

David Draper has over 35 years of legal experience as a trial lawyer, litigator and business attorney representing a broad range of clients from Fortune 500 companies to mid-size and small businesses to individuals in a wide variety of commercial and business disputes in the state and federal courts. Mr. Draper has tried over 100 cases to judgment and has significant jury trial experience.

Mr. Draper has held Martindale Hubble’s highest peer rating of AV for over 18 years, has been selected as a California Super Lawyer since 2011, and has recently been selected to the Litigation Counsel of America, a national society of trial lawyers whose membership is limited to less than one half of one percent of all American lawyers.

Mr. Draper has personally handled the following legal matters:

  • Successfully defended foreign based corporate clients against a $7.5 million alter ego claim in a federal court jury trial
  • Successfully defended a billion dollar computer equipment distributor against trade secret misappropriation claims in a state court jury trial convincing the jury that the other side was the one that maliciously stole our client’s trade secrets
  • Obtained, and collected, a $3.9 million judgment plus attorneys fees for a worldwide resort developer for construction damages to its nine building complex in the Sonoma Valley
  • Resolved over $180,000,000 in surety bond liabilities over a three year period for an insurance company in liquidation, recovering over $54,000,000 in assets and learning more about waste water treatment plants than I ever thought possible
  • Defended an $18,000,000 UCC contract dispute for a major Silicon Valley semi-conductor manufacturer
  • Defended a large environmental equipment manufacturer in a toxic tort action with 498 plaintiffs, avoiding any client liability in a multi-million dollar settlement in Southern California
  • Represented the leading hotel franchisor in the United States in over two dozen cases including trials, license and franchise disputes, receiverships, trademark infringement and de-identification proceedings throughout California
  • Tried a $550,000 Chapter 11 non-dischargeability action to judgment
  • Obtained a $456,000 state court judgment and $120,000 in attorney’s fees in the successful defense of a nationwide bank on alleged fraud claims
  • Negotiated a $35,000,000 reorganization of five hotels after the failure of the largest REIT in California
  • Performed the due diligence inspections and title work for a major bank’s $40,000,000 acquisition of 36 branch locations throughout California
  • Negotiated and closed a $20 million workout for the Central Valley’s largest savings and loan
  • Represented a state guaranty agency in a class action which settled in the client’s favor for over $120,000,000
  • Successfully mediated a family dispute involving over $40,000,000 in assets in the United States, Singapore and Taiwan
  • Obtained a jury verdict for punitive damages for fraud against a Bay Area contractor in an investment dispute over a luxury condominium in Puerta Vallarta, Mexico
  • Completed a six week jury trial in Los Angeles County that settled after verdict

Represented hundreds of individual clients in their real estate and business disputes making sure that the legal system was available to them economically and efficiently, just like they were a Fortune 500 client.

Personal History

Mr. Draper was born and raised in central Massachusetts, (yes that makes him a Red Sox fan, a Patriots fan, a former shareholder in the Celtics, and a Boston Bruins fan). He graduated from the University of Connecticut School of Business in 1978 and was a member of the UConn football team for four years (middle guard) earning Academic All American Honors in 1976. Mr. Draper received his J.D. in 1982 from Gonzaga University School of Law in Spokane, playing hockey on the school’s near semi-professional club team, and earned his LL.M. in taxation and international business from McGeorge School of Law in Sacramento and the University of Salzburg in Salzburg, Austria.

After completing the Bar and an internship with one of Scotland’s most prestigious solicitors, Mr. Draper returned to California and began his legal career with Ropers, Majeski, Kohn, Bentley, Wagner and Kane practicing law with the firm for the next 20 years. In 2002 Mr. Draper joined with his current partners to expand and develop Terra Law LLP.

Mr. Draper is active in the dispute resolution programs of the local courts in settlement conferences in San Mateo County and Santa Clara County since 1989 and has been a speaker on nationwide panels for the past 20 years discussing the development and best practices in electronic discovery.

Areas of Practice

Real Estate
Uniform Commercial Code Disputes
Construction Defects, Owners, Contractors
Employment Law,
Partnership Disputes
Unfair Business Practices, Intentional Interference, Fraud
Insurance Disputes
Creditor Bankruptcy,
Trade Secret Litigation,

Litigation Percentage

95% of Practice Devoted to Litigation

Bar Admissions

California, 1983
U.S. District Court Northern District of California, 1984
U.S. District Court Eastern District of California, 1987
U.S. District Court Central District of California, 1987
U.S. District Court Southern District of California, 1988
U.S. Claims Court, 1990
U.S. Court of Appeals 9th Circuit, 1997
U.S. Supreme Court, 2000


McGeorge School of Law, University of the Pacific, Sacramento, California
LL.M., Master of Law(s) – 1983
Major: Taxation
Major: International Business
University of Salzburg, Faculty of Law, Salzburg, Austria
Gonzaga University School of Law, Spokane, Washington
J.D., Doctor of Jurisprudence – 1982
University of Connecticut, Storrs, Connecticut
B.S., Bachelor of Science – 1978


Effects of Bankruptcy Procedure on Mass Tort Litigation, California Consumer Attorney’s Association
Risk Management, Hospitality Management and Law Institute
Discovery and Procedure for Electronic Discovery of Computer Documents and Records

Honors and Awards

Received Martindale Hubble’s highest AV rating from judges and opponents since 2001
Super Lawyer, 2010 – Present

Professional Associations and Memberships

California Bar Association, Member
Santa Clara Bar Association, Member
San Mateo County Bar Association, Member