Business clients value Dave's experience in civil and criminal trials, especially when it comes to antitrust, intellectual property and fraud cases.

Overview

David has successfully represented the firm's clients in civil and criminal trials, including antitrust, intellectual property, and fraud cases. He has been the lead counsel for clients in several cases consolidated for multidistrict litigation. In addition to business clients, he has represented the Federal Trade Commission in seeking a preliminary injunction to halt a hospital merger and the Kansas Attorney General before the Kansas Supreme Court.

Experience

Lead counsel for the Federal Trade Commission in its action to enjoin Inova Hospitals acquisition of Prince William Hospital in northern Virginia. Inova abandoned the acquisition after the first hearing. FTC v. Inova

Current defense of the former CEO of the country's largest milk cooperative in a series of antitrust class actions consolidated for pretrial proceedings and trial before the United States District Court for the Eastern District of Tennessee. In re Southeastern Milk Antitrust Litigation, MDL No. 1899

Current defense of an airline in an MDL action in the Eastern District of New York against claims of fixing the price of supplements for fuel and security for air cargo. In re Air Cargo Shipping Services Antitrust Litigation, MDL No. 1775

Current defense of a major, brand-name pharmaceutical manufacturer and two generic pharmaceutical manufacturers in a case brought on behalf of direct and indirect purchasers of the drug Cipro®, as well as third-party payors, claiming anticompetitive agreements. Summary judgment was granted in the MDL litigation, and the cases are currently on appeal before the Second and Federal Circuits. In re Ciproflaxin Hydrochloride Antitrust Litigation, MDL No. 1383

Defense of a major, brand-name pharmaceutical manufacturer in a case brought on behalf of direct and indirect purchasers, as well as third-party payors, alleging anticompetitive agreements regarding the drug Cardizem CD®. Obtained summary judgment in the District Court. In re Cardizem CD Antitrust Litigation, MDL No. 1278

Defense of a major pharmaceutical company that, along with a majority of the pharmaceutical manufacturers, was sued by retail pharmacies in both federal and state courts for alleged antitrust violations in determining the price of brand name prescription drugs. In re Brand Name Prescription Drugs Antitrust Litigation, MDL No. 997

Successful representation of the NCAA in trial brought by adidas alleging antitrust conspiracy. Obtained judgment for the NCAA at trial in the District of Kansas

Successful prosecution of antitrust case on behalf of road salt contractor against world-wide producer of salt

Obtained summary judgment for chlorine repackager alleged to have fixed the prices on chlorine in Alabama

News & Insights

News

Speaking Engagements

Dave has lectured and appeared on panels across the country, having made presentations at the ABA Antitrust Meeting, the New England Conference on Antitrust, the Southeastern Criminal Defense Seminar, and a number of others.

Recognitions

Recognitions

Listed in The Best Lawyers in America® for Antitrust, Intellectual Property, Bet-the-Company Litigation and Commercial Litigation

Ranked in Chambers USA: America’s Leading Business Lawyers as a “first-rank trial lawyer” in commercial litigation

Recognized in Missouri and Kansas Super Lawyers©  for Antitrust Litigation

Benchmark Litigation ranks Dave as a Local Litigation Star

Professional & Civic Activities

Professional & Civic Activities

Legal Services of Eastern Missouri, Board of Directors, 2017-2019

American Bar Association

The Missouri Bar

Legal Aid of Western Missouri, President, 1989-1991

Midwestern Innocence Project, President of Board

Admissions

  • Ohio, 1971 (inactive)
  • Maine, 1972 (inactive)
  • Missouri, 1978

Education

University of Michigan, J.D., 1971

  • University of Michigan Law Review, Editor

University of Missouri, A.B., 1966

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