ALUMNUS SPOTLIGHT

David Melaugh

General Counsel, Element Biosciences

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Computing a Career in Law

For David Melaugh, it all started in elementary school. “I had a teacher who would give us word problems in math. When you solved them, you got points that you could eventually exchange for candy.” When David gave an answer the teacher deemed incorrect, he would attempt to argue his point to change her mind. “There were times when I felt my answer was just as right as somebody else’s because I had seen the question in a different way. In her frustration she told me, ‘You should think about becoming a lawyer.’" Currently the general counsel for San Diego-based Element Biosciences, David thanks her for setting him on his current path. “She obviously saw something in me.” His journey to the bar was somewhat circuitous, taking him from computers, to law school, to MoFo, then Apple, and finally to his current position. “I’ve always liked the concept of representing a client and translating what may be complex material into something a judge and jury will understand, so I guess my teacher was right.” An Early Start in Tech While growing up in the Bay Area, David considered possible careers and leaned toward one field in particular. “Both of my parents were computer programmers, so we had a lot of gadgets and computers around the house,” he said. “I realized many years later that the reason all the note paper we used in our house had holes in it was because it was mainframe computing punch cards my mother had brought home.” The Melaughs acquired a Commodore 64, one of the first home computers introduced in the early 1980s, and from there David learned early programming languages. “I knew how to program in BASIC before I was 10 and could also use Pascal. For a kid like me, that was cool. If you asked me when I was quite young what I wanted to do, it was to follow in their footsteps to computer programming.”

I’m much more involved on the business side . . . which I find fascinating. Being in the room where these discussions happen and sometimes contributing substantively to them are some of the best parts about this job.

In high school, David entered student government and politics and got involved in debate, which kindled his passion for arguing a point. He moved on to Dartmouth and then Harvard Law. After a clerkship in New York, he returned home and took a position in MoFo’s San Francisco office in October 2001. He worked there for 10 years, becoming a partner in 2010. Continuing his love of computing and gadgetry, David left MoFo for a client, Apple, where he ran the company’s intellectual property litigation team. The “smartphone wars” took David around the world, litigating against over 300 opponents in 13 countries, taking over 50 cases to jury trial or ITC hearing. He worked at Apple 11 years and enjoyed every minute of it. Taking on New Challenges That said, David was eager for new challenges. In that spirit, David joined Element Biosciences in 2021 as its general counsel. The 300-employee life sciences company designed and manufactures an instrument that sequences genomic material. David manages a small team of six. He works at the San Diego headquarters one week per month and then remotely at his home in the Bay Area the remainder of the time. “It’s really a job where you’re wearing lots of hats,” he said. “We do everything from developing our intellectual property portfolio, to handling legal issues around HR, to acquiring a company, to drafting up the waiver form for local school kids to visit our lab.” Element’s genome sequencing instrument is made with hundreds of parts from suppliers, which necessitates what David says is “a lot of contract review.” It’s sold to universities, governments, and private companies and has recently been marketed in Europe and China. “All of this involves more contracts and negotiations that we need to be involved in, so it’s a bustling environment,” he said. As Element’s business grows internationally, so does the complexity of the regulatory and tax environment. “We’ve got to make sure we’re able to launch in each market appropriately and expand our corporate structure as needed by establishing subsidiaries in those countries that require it.” David considers himself as more of a litigator than corporate lawyer, but he’s pleased with his role. “I’m much more involved on the business side, helping develop strategy for the company as a whole, which I find fascinating. Being in the room where these discussions happen and sometimes contributing substantively to them are some of the best parts about this job.”

Element has the potential to be truly impactful to human health and wellbeing. Understanding genomic information is critical to everything from disease risk and mitigation to the development of better crops and livestock. Bringing to market a device that makes research more accessible and more accurate is intensely rewarding.

Approaching a New Industry With his interest in computers and technology, David felt at home with many of his MoFo clients and at Apple. “Even though my education wasn’t in computer science, I was familiar with the work they did and the products they created, which helped me represent them.” Entering biotech, though, was a bit of a shock. “I’ve had to do a lot to get up to speed in this industry. I’ve gone back to school, taking classes through UC San Diego in organic chemistry, genomic sequencing, and regulatory affairs to get more up to speed. Most of the people I work with have Ph.D.s and, though I’ll never reach their level, at least I’m better able to understand the science.” Once he grasped the basics, David realized a fundamental truth to working in technology. “So many areas have a combination of disciplines to make a product work. Here at Element, for example, we’re dealing with biochemistry, but also software, fluidics, robotics, and optics, among other topics,” he said. David also found working in biotech to be similar to his previous work with MoFo clients and Apple. “When you’re constructing a patent portfolio the technology may be different, but it’s the same core strategy. You want to protect what you believe are your genuine innovations.” David draws a lot of personal satisfaction from his new position and company. Element has the potential to be truly impactful to human health and wellbeing. Understanding genomic information is critical to everything from disease risk and mitigation to the development of better crops and

livestock. Bringing to market a device that makes research more accessible and more accurate is intensely rewarding.” Leaning on His MoFo Experience David fondly remembers his time at MoFo as a learning experience. “You’re diving into all of these different clients with different issues, and they come from a range of industries. Some are startups, some are well established, so you’re becoming more agile and developing the skills you need as you move through your career.” In particular, the diversity of issues he encountered there meant he had to be able to pick up new cases and issues and technology quickly, a skill that sticks with him still. David credits Michael Jacobs as a significant mentor during his time at MoFo and in particular remembers a case he worked on with Michael that helped shape his view of the job. “One of my last cases with the firm was a trademark litigation case for Autodesk. We were in last-minute negotiations when I volunteered as the scribe,” he said. “I realized I was able to influence the direction of the negotiations and the direction of the eventual deal in a very powerful way for our client simply by writing things in a certain way. It gave me a lifelong lesson that in any contract, the more control you can take over the drafting process, the more likely you are to secure the best deal for your client.” Outside of work, he enjoys time with his wife and three daughters, and he’s still in touch with the interests he had growing up. “I’m always looking forward to the next big gadget, and I’m fascinated by the technology I get to be part of every day at my job.”

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