David H. Thompson

Thompson

David H. Thompson

Managing Partner | dthompson@cooperkirk.com
1523 New Hampshire Ave., N.W.
Washington, DC 20036
Phone: (202) 220-9659 | Fax: (202) 220-9601

 

David Thompson is the Managing Partner of Cooper & Kirk and joined the firm at its founding. Mr. Thompson has extensive trial and appellate experience in a wide range of matters and has secured victories worth billions of dollars. Mr. Thompson was awarded an A.B. degree, magna cum laude, from Harvard University in 1991, where he was elected to Phi Beta Kappa. In 1994, Mr. Thompson received a J.D. degree, cum laude, from Harvard Law School.

In commercial matters, Mr. Thompson has had significant trial experience in litigating large claims for plaintiffs and defendants. Serving as the de facto general counsel to several private companies, Mr. Thompson has developed significant practical business experience, which allows him to be extremely effective in litigating commercial disputes. He led the firm’s trial team that won a $205 million verdict in AmBase Corp. v. United States. More broadly, Mr. Thompson has prepared complex damage analyses in antitrust, securities, and breach of contract cases. In connection with these matters, Mr. Thompson has taken hundreds of depositions of members of Congress, senior executives, expert witnesses, high ranking government and university officials, employees, and union leaders.

Mr. Thompson also has extensive experience in constitutional litigation. Mr. Thompson has litigated numerous cases involving freedom of speech, civil rights, voting rights, takings of property, Second Amendment, and separation of powers issues.

Mr. Thompson has also served as an adjunct faculty member at Georgetown University Law Center and a visiting professor at the University of Georgia Law School’s DC campus. The class he taught most recently is Lawyering in Public, a course focusing on how to litigate high profile cases. He is also a frequent speaker on trial tactics and has served as an expert witness. Several major law firms have hired Mr. Thompson to represent their firms.

Selected commercial litigation experience:

Breach of contract:

  • AmBase Corp. v. United States, 100 Fed.Cl. 548: conducted three month trial in breach of contract case resulting in $205 million verdict. On appeal, the case settled for $180 million dollars.
  • Harbinger v. United States: successfully represented hedge fund in multibillion-dollar litigation involving spectrum licensing rights.
  • 216 Jamaica Ave., LLC v. S&R Playhouse Realty Co., 540 F.3d 433 (6th Cir.): successfully represented New York real estate company in breach of contract case involving major property in Cleveland. The case is one of several gold clause cases Mr. Thompson has prosecuted.
  • Lea v. United States: represents the auditor of Arkansas in a suit seeking $160 million of damage for breach of contract concerning US savings bonds.
  • Citizens Federal Bank v. United States: conducted two week trial culminating in $18 million verdict. Successfully defended the verdict on appeal.
  • Represented large charitable entity in dispute with investment manager. The case resulted in a nine figure settlement.
  • Represents real estate investor in a suit seeking over $120 million in damage in connection with construction of tallest residential building in the world.

Administrative:

  • Fairholme v. FHFA: represents large institutional investors in suits challenging the nationalization of Fannie Mae and Freddie Mac under the APA, Takings Clause, and relevant contracts.
  • Ford Motor Co. v. United States, 286 F.3d 1335 (Fed. Cir.): represented Ford Motor Company in successful trial and appellate litigation relating to dispute over customs duties.
  • Community Financial Services Association v. FDIC: challenge to Operation Chokepoint under both the due process clause and the APA. The district court denied the government’s motion to dismiss, and the case is proceeding into discovery of the government.
  • Susquehanna International Group v. SEC: APA challenge to the Options Clearing Corporation’s capitalization plans.
  • Represented members of Congress in challenge to CFPB.
  • Represented the Black Chamber of Commerce in challenge to Department of Labor regulations.
  • EEOC v. Northern Contractors of New Jersey: represented state affiliate of Sheet Metal Workers International and successfully vacated district court’s attempted expansion of a system of racial quotas and preferences.

Antitrust:

  • Novell, Inc. v. Microsoft Corp., (4th Cir.): represented Novell in a multi-billion dollar antitrust lawsuit against Microsoft. Appealed the district court’s dismissal of the suit, and the Fourth Circuit reversed and reinstated the case.
  • Spectrum Stores, Inc. v. CITGO Petroleum Corp., 632 F.3d 998 (5th Cir.): represented gasoline wholesalers in antitrust suit against CITGO.
  • Jung v. Association of American Medical Colleges, (D.C. Cir.): represented doctors in antitrust challenge to monopsony imposed by national residency match program.

Class action:

  • Bonner v. OPM: named to executive committee of class action on behalf of 21 million current and former government employees whose personal information was inadequately safeguarded.
  • In re Volkswagen Clean Diesel Cases: named interim lead counsel in Eastern District of Virginia in suit relating to Volkwagen’s fraudulent emissions representations.
  • Shank v. Health Care Services, Inc.: represent class in suit on behalf of patients denied access to cure for hepatitis C in violation of their contractual rights.

Employment litigation:

  • Represented plaintiffs and defendants in numerous cases involving race, gender, age, and pregnancy discrimination.
  • Represented numerous senior executives in severance negotiations.

Internal investigations:

  • Led internal investigation for major corporate client.
  • Represented senior official at the World Bank in high profile internal investigation.
  • Represented former staffer to Tom DeLay in investigation.
  • Counseled high ranking DOJ official in internal investigation.

Intellectual property:

  • Expert Choice, Inc. v. Gartner, Inc., (D. Conn.): represented software developer in suit for copyright infringement. After extensive discovery of defendant, the case settled.
  • A&M Records, Inc. v. Napster, Inc., 239 F.3d 1004 (9th Cir.): successfully represented Recording Industry of America in its efforts to shut down Napster.
  • Represents private equity firm in trade secrets case involving more than $200 million of damages.
  • Represented software company in infringement suit against major university. After defeating motion to dismiss, the case promptly settled.
  • Represented private equity firm in evaluating litigation financing investment in major IP suit.

RICO:

  • Safe Streets v. Alternative Holistic Healing (D. Colo.): represents individual Coloradans whose property has been injured by the recreational marijuana industry. The suit seeks damages and an injunction to stop the sale of marijuana in Colorado since such conduct violates federal law and RICO.

Securities Litigation:

  • Advised numerous clients in matters before the SEC and state securities agencies.
  • Lesser v. Quadramed Corp., No. 00-606-A (E.D. Va.): successfully represented shareholder in securities fraud case under Rule 10b-5. Defeated motion to dismiss and the case settled quickly thereafter.

Torts:

  • Represented victim of Hamas bombing in suit against financial institution that facilitated the terror attack.

Whistleblower litigation:

  • United States ex rel. Thompson v. Columbia /HCA Healthcare Corp., 125 F.3d 899 (5th Cir.): represented whistleblower in qui tam matter that resulted in a $252 million settlement.

Selected constitutional litigation:

First Amendment:

  • McConnell v. FEC: challenged McCain-Feingold legislation’s ban on speech in the immediate run-up to elections in both the district court and in the Supreme Court.
  • United States Chamber of Commerce v. Washington State: represented the Chamber in challenge to Washington State’s public disclosure laws before state Supreme Court.
  • Successfully obtained mandamus order on First Amendment grounds to prevent the disclosure of internal campaign communications.
  • Represented members of Congress in defense of a cross memorial in an Establishment Clause challenge.
  • Advises numerous clients on election law, speech, advertising, and defamation issues.

Second Amendment:

  • Represents the National Rifle Association and individuals in cases around the country implicating the right to keep and bear arms. Litigated cases in the Second, Fourth, Fifth, Sixth, Seventh, Ninth, Tenth, and Eleventh and DC Circuits and related district courts, as well as numerous state courts.
  • Represents the Pink Pistols, an organization advocating on behalf of sexual minorities, in challenge to D.C.’s ban on carriage of firearms. Successfully obtained preliminary injunction of the ban.
  • Privacy rights: represents residents of Putnam County in suit challenging New York’s mandatory disclosure regime of pistol permit holders.

Fifth Amendment:

  • Represented numerous clients in takings claims in the Court of Federal Claims, including AmBase Corporation ($205 million verdict).
  • Represents Fairholme Funds and WR Berkley in suit challenging nationalization of Fannie Mae and Freddie Mac.
  • Drafted numerous white papers demonstrating that proposed legislation runs afoul of the Takings Clause.

Civil Rights:

  • Duke Lacrosse: represented 38 members of the 2006 Duke lacrosse team in litigation against Duke University. After defeating Duke’s motion to dismiss and completing extensive fact discovery, the case settled.
  • Affirmative Action: successfully defended California’s Proposition 209, which eliminated affirmative action in education and contracting. Defended similar law in Michigan before the Sixth Circuit and United States Supreme Court.
  • School desegregation: successfully represented East Baton Rouge School District in litigation ending federal judicial supervision of the district.
  • Conducted two week trial on behalf of official proponents of California’s Proposition 8 which restored the traditional definition of marriage.

Election law:

  • Johnson v. Governor of Florida, 377 F.3d 1163 (11th Cir.): successfully defended Florida’s law disenfranchising convicted felons in trial court and on appeal.
  • Howell v. McAuliffe: successfully represented Speaker of the House in Virginia in overturning mass clemency order of governor.
  • Successfully represented candidate for state attorney general in ethics investigation and related civil litigation. All charges and claims were dismissed.

Separation of Powers:

  • Clinton v. City of New York, 524 U.S. 417): successfully challenged the Line Item Veto Act.
  • Glavin v. Clinton: successfully challenged the Clinton Administration’s efforts to conduct a statistical sample as part of the census rather than an actual enumeration of the population.
  • Submitted numerous amicus briefs on behalf of Members of Congress on separation of powers issues.
  • Analyzed Appointment Clause issues in numerous contexts.

Due Process:

  • Retained by the Justices of the West Virginia Supreme Court and successfully defended against due process challenge to the state’s handling of asbestos litigation.
  • Successfully challenged Illinois’ system of background checks for carrying firearms that provided no notice or opportunity to be heard to those whose applications were denied.
  • Challenged the Obama Administration’s Operation Choke Point as a violation of due process.
  • Prepared white paper analyzing due process implications of forcing the people of Puerto Rico to vote on a referendum containing a false description of Commonwealth status.

National security:

  • Represented John Ashcroft in connection with his testimony on DOJ’s “torture memos” before the House Judiciary Committee.

Commerce Clause:

  • Coors Brewing Company v. Calderon, (D.C. Cir.): successfully represented Governor of the Commonwealth of Puerto Rico, in a challenge to Puerto Rico’s graduated beer tax regime.
  • Advised numerous clients on matters related to the Dormant Commerce Clause.

Practice Focus
Administrative Litigation
Antitrust
Class Actions
Commercial Litigation
Constitutional Litigation
Election Law
Employment Litigation
Government Contracts Litigation
Qui Tam
State Representation
Trial Practice

Education
J. D., Harvard Law School in 1994 (cum laude)
A.B., Harvard College in 1991 (magna cum laude), Phi Beta Kappa

Bar Admissions
District of Columbia
New York

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