David Douglass

David L. Douglass is Managing Partner of the Washington, D.C. office and a partner in the Government Contracts, Investigations & International Trade Practice Group. For more than two decades David has drawn on his prosecutorial and trial experience to advise and represent life sciences companies, healthcare providers, payers and government contractors on compliance and risk management, defense of government investigations, litigation and, of course, trial.

He has represented numerous companies and individuals in criminal and civil, False Claims Act (whistleblower), investigations and litigation. David has been lead trial counsel in federal courts, including Washington, D.C., Maryland, Virginia, North Carolina, Indianapolis and New York. In 2006 he successfully defended the first False Claims Act lawsuit brought against a private contractor, CusterBattles LLC, for work performed for the Coalition Provisional Authority. He was the past Chair of the ABA Health Law Section.

A substantial part of his practice consists of drawing upon his experience to strengthen his clients’ compliance and risk management programs. In an era of unprecedented scrutiny by regulatory agencies, enforcement officials and potential whistleblowers, compliance and litigation risk management plans are an integral part of a sound business plan.

By working closely with his clients to understand their risks, needs, resources and objectives, David helps them develop and implement practical risk management measures designed to reduce the risk of civil and criminal liability as well as the business disruption that can result from an investigation.

Even the best risk management plan cannot completely prevent investigations and litigation, however. When they do occur David draws upon his experience as a former prosecutor and experienced trial attorney to diagnose the nature of the investigation, triage the immediate needs and develop a sound litigation plan based on the company’s resources, needs and business objectives.

David is a Fellow of the American College of Trial Lawyers. The College is composed of the best of the trial bar from the United States and Canada. Fellowship is extended by invitation only and only after careful investigation to those experienced trial lawyers who have mastered the art of advocacy and whose professional careers have been marked by the highest standards of ethical conduct, professionalism, civility and collegiality.

Membership in the College cannot exceed one percent of the total lawyer population of any state or province. David has led two high-profile government investigations. In 1994, he served as executive director of the White House Security Review, which resulted in the closing of Pennsylvania Avenue in front of the White House.

In 1993 he served as assistant director of the Treasury Department’s investigation of the raid on the David Koresh compound in Waco, Texas. David served as DOJ Trial Attorney, the Civil Rights Division, Criminal Section. Prior to that he was an Assistant United States Attorney for the District of Massachusetts.

David has taught Advanced Evidence as an adjunct professor at the George Washington University Law School and Trial Advocacy at Harvard Law School. He has written and lectured on government enforcement issues as they affect healthcare providers, pharmaceutical companies and medical device manufacturers.

David currently serves on the Advisory Board of the Institute for Inclusion in the Legal Profession, an organization comprised of corporations, law firms and attorneys devoted to driving real progress toward creating a more inclusive legal profession through comprehensive outreach and original programming to replace barriers with bridges between legal, judicial, professional, educational and governmental institutions.

He previously served on the board of Appleseed Foundation, a nonprofit network of 17 public interest justice centers in the United States and Mexico dedicated to building a society in which opportunities are genuine, access to the law is universal and equal, and government advances the public interest.

Education:

• J.D., Harvard Law School, 1985, cum laude
• B.A., Yale University, 1981

Admissions:

• District of Columbia
• Massachusetts
• U.S. Court of Federal Claims