Overview

David has 27 years of experience representing a wide array of businesses and individuals in complex civil litigation, internal and government investigations, and securities enforcement matters. He also helps companies design and implement programs for international anticorruption compliance. His clients look to him as a trusted advisor who understands their businesses and looks for not only the legal, but the practical solution to problems. 

David has represented clients in dozens of investigations conducted by the Securities and Exchange Commission, congressional committees, and various federal agencies, including the U.S. Department of Justice. He has led and been involved in many internal corporate investigations, including audit committee and special committee investigations. David’s skill at building trusting, professional relationships with clients and regulators alike has proven to result in effective representations and outcomes.

David is also an experienced trial lawyer with more than 100 cases under his belt in state and federal courts all over the country, before administrative agencies, and in domestic and international arbitration forums. His recent trials have involved insider trading allegations, theft of trade secret claims, breach of license allegations, cancellation of a software joint venture development and marketing agreement, and the termination of an exclusive software distribution contract.

An early adopter of matter budgeting and legal project management principles, David uses Thompson Hine’s proprietary SmartPaTH® tools to provide predictability and transparency to clients in even the most complex and difficult matters.  His collaborative and value-based approach to working with clients has led to long-lasting friendships that endure beyond the end of an engagement.

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 U.S. District Court for the District of Massachusetts.

David is admitted to practice in numerous federal district and circuit courts.

Experience
Securities and Shareholder Matters
  • Won dismissal of securities fraud claims alleging failure to disclose scheme to avoid import duties and faulty internal controls against CFO of publicly traded company. Rahman v. Kid Brands, 736 F.3d 237 (3d Cir. 2013).
  • Defeated SEC’s 10b-5 claim after three-week insider trading jury trial.  Liability on lesser charge limited to disgorgement of profits after SEC sought penalty and officer/director bar. SEC v. Jacobs, No. 1:13:cv-01289-SO (N.D. Ohio December 3, 2014).
  • Conducted an internal investigation on behalf of special committee of the board of a bank holding company into derivative shareholder's allegations concerning bank's exposure to subprime loan portfolio.  Result of investigation was dismissal of shareholder’s claims.  See Caston v. Hoaglin, No. 2:08-cv—200 (S.D. Ohio September 23, 2009).
  • Represented the audit committee of a Fortune 100 manufacturer in conducting internal investigation of accounting practices and negotiating no-penalty resolution with the SEC.
  • Represented special committee of the board of an insurance company in internal and SEC investigations of stock option backdating allegations.  See SEC Litigation Release No. 20836 (December 22, 2008).
  • Represented hedge fund accused by SEC of market manipulation in the trading of shares of issuers involved in merger negotiations.  SEC Administrative Proceeding Release No. 34-60351 (July 21, 2009).
  • Prevailed in motions to dismiss securities fraud and derivative claims against CEO of software company based on allegations of backdated stock options and other accounting irregularities.
  • Represented individuals, including public company officers, in insider trading investigations, none of whom were charged.
Bribery and Corruption Allegations
  • Conducted post-acquisition due diligence for major multinational telecommunications company’s purchase of satellite communications provider with extensive presence in Africa and Asia.
  • Represented audit committee of large multinational company in investigation of allegations of improper payments in Eastern Europe.
  • Represented energy supply company in internal investigation of whistleblower complaint concerning alleged favors to Chinese customs officials.
  • Represented special committee of independent directors of public telecommunications company in investigation of allegations of improper vendor payments and accounting irregularities.
  • Conducted anti-corruption training seminars and developed internal policies for several publicly traded companies.
Antitrust
  • Negotiated antitrust immunity for an official of a Japanese auto parts company in a DOJ price-fixing investigation.
  • Represented a manufacturer in grand jury investigation of pricing of extruded rubber thread. No charges brought.
  • Represented employees of chemical company in criminal investigation of alleged cartel activity. No clients charged.
Congressional Investigations
  • Represented an Obama administration official in investigation by U.S. House Committee on Oversight & Government Reform into Department of Energy Loan Guaranty Program.
  • Represented pharmaceutical company in investigation by congressional committee of NIH grant-making practices.
  • Represented consulting firm investigation of alleged "science-for-sale" in industry-funded studies on health effects of certain drugs and chemicals.
Contract and Business Tort Litigation
  • Prevailed in defense of a solar energy company in arbitrated claims alleging entitlement to commissions for commercial solar projects.
  • Obtained $5.2 million verdict on behalf of software licensor after a three-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.
  • Represented a 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 a 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.
Publications
Presentations
  • "Implementing Audits to Bolster Effective FCPA Compliance Programs," Strafford Publications Webinar, July 2016
  • "FCPA Compliance Audits" webinar, Clear Law Institute, October 2015
  • "Foreign Corrupt Practices Act Compliance Audits," Strafford Publications Webinar, October 2012
  • "Challenges and Risks of Anti-Corruption Compliance Reviews," Strafford Publications Webinar, October 2011
  • "Managing FCPA Risk Associated with Mergers & Acquisitions," Marcus Evans Conferences, June 2010
Distinctions
  • Litigation Star by Benchmark Litigation, 2015, 2016
  • Washington, D.C. Super Lawyer in Business Litigation 2013-2015
  • Recognized as a 'Smart Lawyer' by SmartCEO Magazine, November 2008
Professional and Civic
  • District of Columbia Bar
  • Board Member, Pact, Inc., non-profit international NGO
NewsEvents