Allen Matkins Leck Gamble Mallory & Natsis LLPManaging Partner

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About Mr. David Leon Osias

Mr. David Leon Osias is a lawyer practicing bankruptcy & creditors' rights, water rights & resources, business law and 4 other areas of law. David received a B.S. degree from University of California, Davis, and has been licensed for 47 years. David practices at Allen Matkins Leck Gamble Mallory & Natsis LLP in San Diego, CA.

Awards

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Services

Areas of Law

  • Business Law
  • Other 6
    • Bankruptcy & Creditors' Rights
    • Water Rights & Resources
    • Real Property Law
    • Creditor's Rights
    • Land Use & Zoning
    • Environmental and Natural Resources

Practice Details

  • Firm Information
    Position
    Managing Partner
    Firm Name
    Allen Matkins Leck Gamble Mallory & Natsis LLP

Experience

  • Bar Admission & Memberships
    Admissions
    1979, California
    Ninth Circuit Court of Appeals
    U.S. District Court, Southern District of California
    U.S. District Court, Central District of California
    U.S. District Court, Northern District of California
    U.S. District Court, Eastern District of California
    Bar Fellowship

    · American Bankruptcy Institute

    · American Bar Association, Business Law Section

    · California Bankruptcy Forum, past president and director

    · San Diego Bankruptcy Forum, founding member and past president

    · San Diego County Bar Association

    · American Bar Association, Section on Environment, Natural Resources & Water

    · Federal Bar Association

    · Colorado River Water Users Association

    Accolades

    · Named one of San Diego's Top 10 Lawyers for 2011 by the San Diego Daily Transcript

    · Awarded Turnaround Management Association's Transaction of the Year- Large Turnaround Award (2011)

    · Selected for inclusion in San Diego Super Lawyers (2007-2012)

    · Named the Best Lawyers' San Diego Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law "Lawyer of the Year" (2013)

    · Selected for inclusion in The Best Lawyers in America in the fields of Bankruptcy and Creditor Debtor Rights/Insolvency and Reorganization Law, and Litigation - Bankruptcy (1995 - 2013)

    Education

    David received his B.S. from the University of California, Davis, where he graduated with honors and obtained his J.D. from University of California, Berkeley, School of Law at Boalt Hall.

    Publications

    Press & Media

    10/25/2012, Allen Matkins: 'Outstanding' team yields success
    David L. Osias and Amy Wintersheimer Findley in The Daily Transcript

    9/18/2012, San Diego in Elite Company
    David L. Osias in Real Estate Bisnow San Diego

    7/19/2012, 61 Allen Matkins Attorneys Named Among Super Lawyers 2012 and Rising Stars 2012
    More Than 40 Percent of Firm's Partners Make the List

    12/7/2011, Court Supports San Diego Water Transfer
    David Osias in San Diego Union-Tribune

    10/19/2011, David Osias and David Zaro Receive Turnaround Management Association's Highest Honor
    Attorneys Recognized for Transaction of the Year - Large Turnaround of Sunwest Management

    9/19/2011, Allen Matkins Attorneys Named in 2012 Edition of The Best Lawyers In America®

    7/27/2011, 60 Allen Matkins Attorneys named among Super Lawyers 2011 and Rising Stars 2011

    7/20/2011, Jeffrey Chine, Ray Gliner and David Osias named among Top Attorneys 2011
    Jeffrey A. Chine, Ray B. Gliner, David L. Osias in The Daily Transcript

    3/16/2011, Allen Matkins Elects David Osias as New Managing Partner
    Bankruptcy and Water Rights Attorney Succeeds Brian Leck as Leader

    8/16/2010, Allen Matkins Attorneys Named in 2011 Edition of The Best Lawyers In America

    7/19/2010, 63 Allen Matkins Attorneys Named Among Super Lawyers 2010 and Rising Stars 2010

    11/18/2009, David Osias of Allen Matkins to be Inducted as Fellow of American College of Bankruptcy
    Chair of Firm's Bankruptcy & Creditors' Rights Practice Joins Prestigious Group of Approximately 650 Fellows

    8/19/2009, Allen Matkins Attorneys Named in 2010 Edition of The Best Lawyers In America

    7/14/2009, 57 Allen Matkins Attorneys Named Among Super Lawyers 2009 and Rising Stars 2009

    10/8/2008, Allen Matkins Attorneys Named in 2009 Edition of The Best Lawyers In America

    8/13/2008, 44 Allen Matkins Attorneys Named Among Super Lawyers 2008 and Rising Stars 2008

    9/24/2007, Allen Matkins Attorneys Named in 2008 Edition of The Best Lawyers In America

    9/17/2007, Allen Matkins Attorneys Named Among Super Lawyers

    Article

    2/1/2011, Fourth District Holds Regional Water Quality Control Board Has No Duty to Revise Basin Plan during Triennial Review and May Base Water Quality Objectives on "Potential" Beneficial Uses
    By Jan S. Driscoll and David L. Osias in California Water Law & Policy Reporter

    11/1/2010, Metropolitan Water District Disputes Imperial Irrigation District's Proposal to Use Imperial's Colorado River Entitlement Water for QSA Salton Sea Mitigation
    By Jan S. Driscoll and David L. Osias in California Water Law & Policy Reporter

    10/1/2010, Vote on California's Safe, Clean and Reliable Drinking Water Supply Act of 2010 Postponed Until November 6, 2012
    By Jan S. Driscoll and David L. Osias in California Water Law & Policy Reporter

    8/1/2010, Fourth District Holds Statutory Criteria for Water Supply Assessments Are Not Ambiguous - Proposed Open-Air Composting Facility is a "Project"
    By Jan S. Driscoll and David L. Osias in California Water Law & Policy Reporter

    8/1/2010, Update on SWRCB Hearings That Could Affect Riparian and Pre-1914 Rights in the Delta
    By Jan S. Driscoll and David L. Osias in California Water Law & Policy Reporter

    7/1/2008, 43 C.F.R. Part 417 Does Not Authorize Federal Agency Adjudication of IID Beneficial Use of Colorado River Water
    By David L. Osias, co-author, in West Northwest Journal of Environmental Law & Policy

    8/15/2005, Where's the Water Land-Use Projects Are Now Inextricably Linked To Water Resources
    By David Osias in The Recorder

    8/1/1997, Trustee Elections: The Myth of Creditor Control
    By David L. Osias in National Association of Bankruptcy Trustees

    Events

    9/10/2012, View From the Top 2012
    The Beverly Hilton
    9876 Wilshire Boulevard
    Beverly Hills, California
    Speakers: Anton N. Natsis, David L. Osias, Frederick L. Allenand John M. Tipton

    4/19/2012 - 4/20/2012, California Water 2012: The Impacts of Recent Litigation and Regulation on Water Law Principles and Practice
    Hotel Nikko
    222 Mason Street
    San Francisco, California
    Speakers: Jan S. Driscoll and David L. Osias

    3/1/2012 - 3/2/2012, QSA Redux: Where Are We Now? How Did We Get Here? Where Are We Going?
    14th Annual Conference Law of the Colorado River
    Planet Hollywood
    3667 Las Vegas Blvd. South
    Las Vegas, Nevada
    Speakers: David L. Osias

    9/12/2011, View From the Top 2011
    The Beverly Hilton
    Beverly Hills, California
    Speakers: Anton N. Natsis, David L. Osias, Frederick L. Allenand John M. Tipton

    6/13/2011 - 6/14/2011, California Water Law & Policy Spring Conference
    San Francisco, California
    Speakers: Jan S. Driscoll and David L. Osias

    5/20/2011 - 5/22/2011, California Bankruptcy Forum Annual Conference
    Squaw Valley, California
    Speakers: David L. Osias

    5/2/2011 - 5/3/2011, Priming California's Water Market Pump
    Property and Environment Research Center
    Stanford University
    Speakers: David L. Osias

    3/24/2011 - 3/25/2011, Navigating Uncertain Waters
    Doubletree Hotel
    Sacramento, California
    Speakers: David L. Osias

    10/21/2010 - 10/24/2010, Environmental Law Conference 2010 at Yosemite
    Tenaya Lodge at Yosemite
    Fish Camp, California
    Speakers: David L. Osias

    6/11/2008, Bankruptcy Issues for Civil Litigators
    Federal Bar Association, San Diego
    Speakers: David L. Osias

    5/16/2008 - 5/18/2008, Internet Ponzi's: The Good, the Bad and the Ugly
    California Bankruptcy Forum Annual Conference
    Indian Wells, California
    Speakers: David L. Osias

    2/22/2008, Whose Bankruptcy Case Is It Anyway?
    American Bankruptcy Institute Western Conference
    Los Angeles, California
    Speakers: David L. Osias

    1/26/2008, Adjudicating Water Rights: the Reasonable Use Doctrine and Climate Change
    Water Law Symposium
    Hastings College of Law
    Speakers: David L. Osias

    11/13/2007, Water Supply Issues
    Urban Land Institute
    San Diego, California
    Speakers: David L. Osias

    1/27/2007, All-American Canal Litigation
    University of California, Boalt Hall Water Law Symposium
    Berkeley, California
    Speakers: David L. Osias

    1/25/2007, Internet Ponzis and Other Frauds
    San Diego Bankruptcy Forum
    San Diego, California
    Speakers: David L. Osias

    1/12/2007, Water Supplies in the West
    United States Geological Service Regional Headquarters
    San Diego, California
    Speakers: David L. Osias

    1/8/2007, Internet Frauds: The Good, the Bad and the Ugly
    Colorado Bar Association, National CLE Conference
    Snowmass, Colorado
    Speakers: David L. Osias

    10/20/2006, Water Supply Issues
    Urban Land Institute National Annual Conference
    Denver, Colorado
    Speakers: David L. Osias

    9/15/2006, Cross-Border Groundwater Issues
    American Groundwater Trust Annual Conference
    Santa Monica, California
    Speakers: David L. Osias

    4/6/2006 - 4/7/2006, Water Supply Issues
    CLE International
    San Francisco, California
    Speakers: David L. Osias

    10/11/2005, Municipal Bankruptcies
    League of Women Voters/SDSU School of Public Policy Forum
    San Diego, California
    Speakers: David L. Osias

    6/10/2004, Water Marketing
    Northwest Water Marketing Seminar
    Portland, Oregon
    Speakers: David L. Osias

    3/19/2004, Water Marketing
    California Water Marketing Seminar
    Sacramento, California
    Speakers: David L. Osias

    9/1/2002, Preferential Transfers
    National Association of Bankruptcy Trustees Annual Conference
    Monterey, California
    Speakers: David L. Osias

    2/9/2002, Cutting Edge Developments in Bankruptcy Law
    Continuing Education of the Bar
    San Diego, California
    Speakers: David L. Osias

    6/16/2001, Use of Expert Witnesses
    Association of Insolvency and Restructuring Advisors Conference
    Newport Beach, California
    Speakers: David L. Osias

    Bankruptcy

    David is the senior member of the firm's Bankruptcy & Creditors' Rights Department. He is widely recognized as an authority on creditor and debtor rights in out-of-court workouts and restructurings, federal and state-court receiverships, and reorganization and liquidation bankruptcy proceedings. David has represented a broad range of clients with respect to debtor-creditor matters. Creditor clients are typically secured lenders and landlords, while debtor clients have encompassed a diverse spectrum of business enterprises. David has also represented bankruptcy trustees and examiners, as well as official creditors committees. He has served as the court-appointed examiner in a multi-million dollar bankruptcy case, and has been designated as an expert witness in a variety of cases. David has also represented federal equity receivers in numerous cases throughout California, Washington and Oregon involving more than $1.6 billion in fraudulent investments.

    David is a 2010 inductee as a Fellow in the American College of Bankruptcy, and was an attorney representative for the Southern District of California to the Ninth Circuit Judicial Conference for 1997-1999. He is a past president and director of the California Bankruptcy Forum and a founding member and past president of the San Diego Bankruptcy Forum. He is also a member of the American Bankruptcy Institute, Turnaround Management Association, and the Section of Business Law of the American Bar Association. David also serves on the panel of bankruptcy mediators for the Southern District of California. David is a frequent lecturer at debtor-creditor industry conferences.

    Bankruptcy & Creditors' Rights Conference Attendance

    · California Bankruptcy Forum Annual Conferences - Regular attendee at annual statewide conference of bankruptcy judges, attorneys and others practicing in the area.

    · National Conference of Bankruptcy Judges Annual Meetings - Regular attendee at national conference for bankruptcy judges, attorneys, and other professionals in the area.

    · American College of Bankruptcy annual conference - Regular attendee at annual conference of American College of Bankruptcy Fellows.

    Representative Bankruptcy & Creditors' Rights Matters

    SEC Receivership Cases

    · SEC v. v. Sunwest Management, et al., U.S. District Court, District of Oregon. U.S. District Court, District of Oregon. Represented the Court-appointed receiver in this case, commenced in 2009, involving $300 million of defrauded investors in connection with a senior living and real estate development company.

    · SEC v. v. Plus Money, Inc. et al., U.S. District Court, Southern District of California. U.S. District Court, Southern District of California. Represented the Court-appointed receiver in this case, commenced in 2008, involving $45 million of defrauded investors in connection with an investment advisory firm.

    · SEC v. v. Robert Louis Carver, Lincoln Funds, et al., U.S. District Court, Central District of California. U.S. District Court, Central District of California. Represented the Court-appointed receiver in this case, commenced in 2008, involving $24 million of defrauded investors in connection with a hedge fund.

    · SEC v. v. Medical Capital Holdings, Inc., et al., U.S. District Court, Central District of California. U.S. District Court, Central District of California. Represented the Court-appointed receiver in this case, commenced in 2009, involving $1.7 billion of defrauded investors in connection with a company primarily involved in factoring medical receivables.

    · SEC v. v. Tuco Trading, LLC, U.S. District Court, Southern District of California. U.S. District Court, Southern District of California. Represented the Court-appointed receiver in this case, commenced in 2008, involving $10 million of defrauded investors in connection with an unregistered day trading firm.

    · SEC v. v. Charis Johnson, Lifeclicks, LLC, 12DailyPro, U.S. District Court, Central District of California. Lifeclicks, LLC, 12DailyPro, U.S. District Court, Central District of California. Represented the Court-appointed receiver in this case, commenced in 2006, involving $500 million of defrauded investors in connection with an Internet auto-surfing program.

    · SEC v. v. Learn Waterhouse, et al., U.S. District Court, Southern District of California. U.S. District Court, Southern District of California. Represented the Court-appointed receiver in this case, commenced in 2004, involving $90 million of defrauded investors in connection with a prime bank investment scheme.

    · SEC v. v. Capital Consultants, LLC, U.S. District Court, Portland. LLC, U.S. District Court, Portland. Represented the Court-appointed receiver in this case, commenced in 2000, involving $922 million of defrauded investors in connection with an investment advisory firm.

    Representative Bankruptcy & Creditors' Rights Clients

    Representative Creditor Clients

    · Secured real estate lender with shopping mall as collateral

    · Secured lender with golf course as collateral

    · Secured lender with hotel as collateral

    · Mechanics lien holder as creditor of toll road

    · Shopping center owner regarding bankruptcy of adjoining hotel and casino

    · Shopping center owner regarding bankruptcy of tenant

    · Office building owner regarding bankruptcy of tenant

    Representative Debtor Clients

    · Nutraceutical company

    · Web-based shopping search engine

    · Biotechnology company

    · Wholesale and retail golf club manufacturer

    · Golf course developer

    · Residential subdivision developer

    · Accredited private university

    · Low-income tax credit apartment partnership

    Creditor Committee Clients

    · Served as OCC member for business-to-business e-commerce company

    · Represented OCC in bankruptcy of golf course and subdivision developer

    · Represented OCC in bankruptcy of manufacturing facility for airplane parts

    · Represented OCC in bankruptcy of Las Vegas hotel and casino

    Water Rights

    David is the senior member of the firm's Water Resources Practice Group and has substantial expertise and experience in a variety of water rights, water supply, and water resources issues. He has appeared on behalf of clients before state and federal courts and the California State Water Resources Control Board, and numerous local public agencies and has handled significant matters involving the Colorado River, groundwater adjudications, and agriculture to urban water transfers. David has represented a broad range of clients including real estate developers, power plant developers, and agricultural and industrial users regarding surface appropriative and riparian rights, groundwater rights, entitlements under state and federal water contracts, reasonable use, waste and conservation, water reclamation, and the sale, lease and transfer of water and water rights. David has represented clients throughout California, including the Counties of Imperial, San Diego, Los Angeles, Orange, Riverside, San Bernardino, Kern, Alameda, Monterey and Inyo, and in the State of Nevada.

    David has represented several power-plant developers with regard to water supply issues including water rights and acquisition analysis for a solar power plant in the Mojave basin; water rights analysis and due diligence regarding a potential hydroelectric power plant acquisition in Northern California; water supply due diligence for reclaimed tertiary-treated water in the South San Francisco Bay area for two natural gas-fueled power plants; water supply due diligence and negotiations for two natural gas-fueled power plant sites in the Northern San Joaquin Valley; and a water rights analysis for a natural gas-fueled power plant adjacent to the Colorado River.

    David has served as an Editor, California Water Law & Policy Reporter, since 2010.

    Water Resource Conference Attendance

    · Colorado River Water Users Association Annual Conference, Las Vegas - Regular attendee at two-day annual conference of lawyers, engineers and other professionals involved with the Colorado River.

    · Colorado River Symposium, Santa Fe - Regular invited attendee to bi-annual conference to discuss current issues affecting the Colorado River.

    · Hoover Institute/Property and Environmental Research Center (May 2011) - One of three invited lawyers at a two-day meeting of six economics and water law professors (Stanford, Berkeley, Hastings, Lewis & Clark, Montana St.) and two Ph.d. candidates (UC Santa Barbara Bren School) on "Priming California's Water Market Pump: A Workshop For Policy Entrepreneurs."

    · California Clean Innovation Conference, UC San Diego (May 2011) - Participant in one-day annual conference on clean technology.

    · 28th Annual Executive Briefing by Water Education Foundation, Sacramento (March 2011) - Speaker on a panel on Colorado River issues and attended the two-day water conference.

    · California State Bar, Environmental Law Section 2010 Environmental Law Conference, Yosemite (October 2010) - Speaker on a panel dealing with Colorado River issues, and attendance at two-day conference.

    · Water Resources Law Forum (June 2010) - One of only 40 professionals from across the United States invited to participate in a think tank forum focused on water issues and identifying solutions confronting the United States.

    · Investing in Water Conference (November 2007) - Three-day conference in New York City involving the financial sector's interest in global investment opportunities in water focused niches.

    · ULI Conference - Attendee at conference in Los Angeles on water supply issues.

    Representative Water Resource Matters

    · Aquaculture Company. Represented aquaculture operation in connection with Coachella Valley groundwater rights and transfers.

    · Developers

    - Represented residential developers throughout California regarding Water Supply Assessments.

    - Represented developer in groundwater rights due diligence in the Desert Hot Springs area of Riverside County.

    - Represented developer regarding groundwater rights and well agreement with local water district near Lake Arrowhead, San Bernardino County.

    - Represented developer of a new subdivision in groundwater adjudication in Antelope Valley.

    - Represented developer regarding water connection fees in Riverside County.

    - Represented developer to obtain approval of residential project in the City of Marina on former Fort Ord.

    - Represented residential developer in Mammoth Lakes, California, regarding groundwater and surface water rights and related water use.

    - Represented residential development joint venture with respect to development and implementation of Otay Water District-imposed water connection allocation program.

    · Farmers

    - Represented investors in due diligence on groundwater bank in ranch property.

    - Represented client in obtaining groundwater conditional use permit in Imperial County.

    - Represented client in due diligence for water storage project.

    · Golf Course Owners and Developers

    - Represented golf course owner regarding reclaimed water purchase and use.

    - Represented client in water rights analysis regarding riparian water rights.

    - Represented golf course developer in groundwater analysis regarding golf course/residential development.

    - Represented hotel/golf course developer in surface and groundwater rights analysis.

    · Irrigation District. Represented largest irrigation district in the United States in connection with Colorado River rights and water transfer issues.

    · Landfill Developer. Represented landfill developer in analysis of groundwater and surface water rights for proposed landfill operation in San Diego County, California

    · Nursery Owner. Represented nursery owner in groundwater and surface water supply assessment for conversion of land into residential development.

    · Power Plant Developer. Represented power plant developer with respect to numerous water rights due diligence and power plant siting issues in California including water rights reviews, water supply transfers, and reclaimed water issues.

    · Ranch Owner. Represented large cattle ranch owner in Central Valley regarding water issues for conversion of portion of ranch into new residential subdivision.

    · Sand and Aggregate Companies

    - Represented asphalt company in Riverside County with respect to analysis of groundwater rights and representation in Mojave River adjudication proceedings.

    - Represented sand mining joint venture with respect to analysis of surface and groundwater rights relative to the Sweetwater River and the Sweetwater Authority's water rights, and representation before the County Planning Commission with respect to renewal of special use permit.

  • Education & Certifications
    Law School
    University of California, Berkeley, School of Law at Boalt Hall
    J.D.
    Other Education
    University of California, Davis
    B.S.
    with honors

Mr. David Leon Osias

Managing Partner at Allen Matkins Leck Gamble Mallory & Natsis LLP
Not yet reviewed

501 West Broadway, 15th Fl.San Diego, CA 92101-3541U.S.A.

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