David Ogden

Wilmer Cutler Pickering Hale and Dorr LLP

$ $$$

Pennsylvania Avenue Northwest 1875
Washington 20006 DC US

A nationally recognized litigator and counselor with more than thirty years’ experience, David W. Ogden focuses his practice on complex disputes with serious financial implications. He served as the Deputy Attorney General of the United States from 2009 to 2010 and as Assistant Attorney General for the Civil Division, United States Department of Justice, from 1999 to 2001. Mr. Ogden is chair of the firm’s Government and Regulatory Litigation Group.

Principal areas of practice include:

  • civil litigation and government enforcement actions under regulatory regimes such as the False Claims Act, fair lending and other anti-discrimination laws, the antitrust or competition laws, securities laws, fraud, consumer protection, financial services, and environmental laws;
  • litigation to restrain the enforcement of federal or state statutes, including first amendment, federal preemption, Commerce Clause, equal protection, due process, and expropriation issues;
  • administrative law and other litigation involving defects in government regulations or other official actions;
  • development and advocacy of policy reforms relating to litigation and enforcement issues; and
  • Supreme Court and appellate litigation.

His clients have included leading companies in the pharmaceutical, petrochemical, technology, retail, insurance, defense, financial, manufacturing, airline, automotive, rail, media, entertainment, and government services industries, as well as major trade and professional associations, nonprofit foundations, and individuals.

Mr. Ogden served as the Deputy Attorney General of the United States from 2009 to 2010. In that position, he was the second ranking official of the United States Department of Justice and its chief operating officer, supervising the Justice Department’s 110,000 employees, almost $30 billion budget, and all of its components and operations.

Among the components reporting to Mr. Ogden were the Federal Bureau of Investigation and other law enforcement agencies, the 93 United States Attorneys Offices, and all of the Justice Department’s national litigating divisions including the Criminal Division, National Security Division, Civil Division, Civil Rights Division, Antitrust Division, Environment and Natural Resources Division, and Tax Division.

He led major Justice Department and Executive Branch initiatives addressing healthcare fraud, financial and mortgage fraud, international organized crime, Mexican drug cartels, immigration, international tax enforcement, the government’s compliance with criminal and civil discovery, and law enforcement in Indian Country. He worked regularly with the leaders of foreign justice and interior ministries on international disputes and national security and law enforcement matters.

Professional Activities :

  • Public Member, Administrative Conference of the United States, 2010-2016
  • Senior Fellow, Administrative Conference of the United States, 2016-present
  • Board Member, District of Columbia Bar Foundation, 2015-present
  • Member, Janet Reno Endowment National Advisory Committee, McCourt School of Public Policy, Georgetown University, 2016-present.

Experience :

  • Obtaining for a US petrochemical company judicial declarations that foreign judgments totaling more than $500 million are unenforceable in the United States
  • Successfully managing for US pharmaceutical and international petro-chemical companies high-stakes litigations in foreign courts raising issues of judicial corruption and investor-state protections
  • Representing an American company in litigation against a foreign state under the expropriation and commercial activities exceptions to the Foreign Sovereign Immunities Act
  • Successfully representing an international law firm in a civil racketeering suit brought by a former adversary in international arbitration
  • Representing corporate clients in investor-state arbitration under ICSID and UNCITRAL Rules
  • Representing defense, retail and entertainment industry clients in qui tam actions brought under the False Claims Act
  • Representing financial institutions in CFPB investigations under fair lending, RESPA, and other regulatory regimes

EDUCATION :

  • JD, Harvard Law School, 1981
  • BA, University of Pennsylvania, 1976

ADMISSIONS  : District of Columbia
CLERKSHIPS :

  • The Hon. Harry A. Blackmun, US Supreme Court, 1982 – 1983
  • The Hon. Abraham D. Sofaer, US District Court for the Southern District of New York, 1981 – 1982

GOVERNMENT EXPERIENCE:

  • Department of Defense, Office of the Secretary of Defense, Deputy General Counsel
  • Department of Defense, Office of the Secretary of Defense, Legal Counsel
  • Department of Justice, Office of the Attorney General, Chief of Staff and Counselor to Attorney General Janet Reno
  • Department of Justice, Office of the Deputy Attorney General, Deputy Attorney General
  • Department of Justice, Civil Division, Assistant Attorney General.

Cost

Rate : $$$$

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Pennsylvania Avenue Northwest 1875
Washington 20006 DC US
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Lina Stillman

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Broadway 42
New York 10004 NY US
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