David A. Wilson

Practices

• Business Litigation
• White-Collar Criminal / Internal Investigations

Professional Experience

David is partner-in-charge of the Washington D.C. office and a partner in the firm's Business Litigation practice group. He focuses his practice on complex civil litigation, internal and government investigations, and securities enforcement matters.

David has represented clients in investigations conducted by the Securities and Exchange Commission congressional committees, and various federal agencies. He has led and been involved in many internal corporate investigations, including audit committee and special committee investigations.

David also has extensive experience litigating cases in both state and federal courts in many jurisdictions, before administrative agencies, and in domestic and international arbitration forums. His recent trials have involved trade secret claims, breaches of license agreements, cancellation of a software joint venture development and marketing agreement, and the termination of an exclusive software distribution contract.

Prior to private practice, David worked for Congressman James Jeffords of Vermont and for the Coalition of Northeastern Governors. He also served as a law clerk to the Honorable Mark L. Wolf of the United States District Court for the District of Massachusetts.

David is admitted to practice in the District of Columbia, Maryland and Massachusetts, as well as in numerous federal district and circuit courts.

Education

• Georgetown University Law Center, J.D., 1988, cum laude, Articles Editor, Georgetown Law Journal
• Harvard University, A.B., 1980, cum laude

• Investigations and Enforcement
• Represented audit committee of large multinational company in investigation of allegations of improper payments to foreign officials
• Represented an official of a Japanese auto parts company in a price-fixing investigation
• Represented manufacturer in grand jury investigation of pricing of extruded rubber thread
• Represented employees of chemical company in criminal investigation of alleged cartel activity
• Represented special committee of independent directors of public telecommunications company in investigation of allegations of improper vendor payments and accounting irregularities
• Represented audit committee of a Fortune 100 manufacturer in conducting internal investigation of accounting practices and negotiating no-penalty resolution with the SEC
• Represented hedge fund accused of market manipulation in the trading of shares of issuers involved in merger negotiations
• On behalf of special committee of the board, conducted investigation of stock option granting practices at large health insurance company on behalf of special committee of the board
• Represented pharmaceutical company in investigation by congressional committee of NIH grant-making practices
• Represented industry consulting firm in congressional investigation of alleged "science for sale"  in industry-funded studies on health effects
• Business Litigation
• Obtained $5.2 million verdict on behalf of software licensor after 3-week jury trial on claims of unpaid license fees
• In two cases representing plaintiffs alleging misappropriation of trade secrets and breaches of confidentiality agreements, obtained settlements after the start of trial in which defendants agreed to cease certain business operations
• Prevailed on motion to dismiss derivative claims based on allegations of backdated stock options against CEO of software company
• Represented real estate development company in multi-party litigation alleging that sale of a company that owned land on which developer had development rights constituted breach of contractual provisions providing for right of first offer
• Represented public utility in action to void a deed restriction that limited the density of development on parcel of land that utility sought to sell to a developer of offices and condominiums
  
  

• Co-author, "The Roles of General Counsel and Chief Compliance Officers" · Corporate Compliance Insight, January 2011
• "Leveling the Anti-Corruption Playing Field" · International Trade and Securities Law360, July 19, 2010
• "Changes Continue in SEC Enforcement: New Initiatives to Encourage Cooperation by Individuals" · Thompson Hine LLP Bulletin, February 2010
• "Managing FCPA Risk Through Due Diligence" · Thompson Hine LLP Bulletin, December 2009
• Co-author, "Evolution of Occupational Fraud – Breaking the Cycle" · SRR Journal, Fall 2009
• Co-author, "Disclosure Obligations Under the Federal Securities Laws in Government Investigations" · The Business Lawyer, August 2009
• "SEC Provides Guidance on 'Ordinary Course of Business' Exception of Rule 13d1-(b)" · Thompson Hine LLP Bulletin, July 2009
• "Does Your Rule 10b5-1 Plan Protect You From Insider Trading Charges?" · Thompson Hine LLP Bulletin, July 2009
• "Increased SEC Enforcement - Are You Prepared?" · Thompson Hine LLP Bulletin, April 2009
• "Top Ten Things to Do When Faced with an Informal Inquiry or Subpoena from the SEC's Enforcement Division" · Thompson Hine LLP Bulletin, December 2008
• Co-author, "Left Hanging – New Report Shows Need to Clear Up SEC Backlog" · Legal Times, October 2007
• "Independence Day: It remains to be seen whether public company reforms will influence state-law fiduciary duty standards" · The Deal, April 2004
• "Guidance on Guidance: A Litigator's Perspective on Regulation FD" · Washington Business Journal, December 2000
• "Keeping the Secret in Trade Secrets" · Potomac High Tech Journal, October 2000
• "Outsider Trading – Morality and the Law of Securities Fraud" · Georgetown Law Journal, 1988

• "Challenges and Risks of Anti-Corruption Compliance Reviews", Stratford Publications Webinar, October 2011
• "Managing FCPA Risk Associated with Mergers & Acquisitions", Marcus Evans Conferences, June 2010
• "Risk Challenges for Boards in an Enhanced Enforcement Environment", Society of Corporate Secretaries and Governance Professionals, March 2010
• Moderator, "Dealing With and Overcoming Challenges Associated With Internal & External Investigations", Sustainable FCPA Compliance, marcus evans conferences, September 2009
• "Top Ten Things To Do In Response to an SEC Inquiry or Subpoena", Central Ohio Compliance Association; Columbus, Ohio, February 2009
• "Disclosure of Internal and Government Investigations", IQPC Conference; Washington, DC, January 2008
• "Case Closed: SEC's Case Backlog and the Corrosive Effect of Unresolved Investigations", Webcast, December 2007

• Recognized as a "Smart Lawyer" by SmartCEO Magazine, November 2008