David D. Cross is a partner in the Global Antitrust Practice. He is a trial lawyer with extensive experience in antitrust and other complex business litigation, including intellectual property, health care, securities, and general commercial litigation. Mr. Cross was recognized in 2014 as a “Rising Star” in Competition Law by Law360. He represents both plaintiffs and defendants in federal and state proceedings, including in class actions, as well as arbitration. His antitrust specialties include single-firm conduct (e.g., monopolization) and price-fixing litigation.
Mr. Cross has represented some of the world's leading companies in antitrust litigation, including CSX Transportation, DuPont, General Electric, Hyatt Hotels Corporation, Oracle Corporation, and Sumitomo Electric. He recently served as lead trial counsel for DuPont against monopolization counterclaims brought by Kolon Industries. On the eve of trial, the Eastern District of Virginia granted summary judgment for DuPont and dismissed the claims with prejudice. The Fourth Circuit affirmed the dismissal on appeal.
Mr. Cross also has extensive experience advising clients on matters regarding electronically stored information (ESI). His experience includes developing comprehensive litigation readiness plans, handling all aspects of electronic discovery in complex litigation, and prosecuting and defending spoliation claims. He was one of the lead attorneys responsible for the litigation that produced the groundbreaking e-discovery decision Hopson v. City of Baltimore, 232. F.R.D. 228 (D. Md. 2005), which gave rise to Fed. R. Evid. 502.
Mr. Cross is a member of the American Bar Association's Sections of Antitrust and Litigation. He is a former member of the Board of Directors of the American Mock Trial Association (AMTA), which is a nonprofit organization that organizes intercollegiate mock trial competitions around the country. He continues to assist AMTA with its activities.
Mr. Cross clerked for the Honorable Michael B. Mukasey, former Chief Judge of the Southern District of New York and U.S. Attorney General. Mr. Cross is admitted to practice in New York, the District of Columbia, U.S. Supreme Court, U.S. District Court for the District of Maryland, U.S. District Court for the District of Columbia, U.S. District Court for the Eastern District of Michigan, U.S. Court of Appeals for the Fourth Circuit, and U.S. Court of Appeals for the D.C. Circuit.
Representative Transactions (Includes Prior Law Firm Experience)
- Representation of global auto parts manufacturer in defense of multi-district class actions that resulted from the U.S. Department of Justice's largest ever criminal investigation, involving allegations of price-fixing for certain auto parts.
- Representation of a Class I railroad in defense of multi-district class action litigation alleging conspiracy to fix fuel surcharge prices.
- Representation of one of the largest producers of eggs in the U.S. in defense of multi-district class action and related state litigation alleging conspiracy to fix egg prices.
- Representation of a Fortune 100 energy and technology company as plaintiff to recover damages resulting from conspiracy to fix prices of household appliance components.
- Representation of a major international hotel chain in defense of multi-district class action litigation alleging conspiracy to fix hotel room rates. The court dismissed all claims against the client.
- Representation as special discovery counsel of a top-ranked university and professor in a dispute with a pharmaceutical company over control of a promising prostate cancer treatment drug. The client prevailed at trial.
- Representation as special discovery counsel for a Fortune 500 company involving civil fraud claims. At trial, the jury returned a verdict for the client on all claims.
- Representation of a Fortune 100 company ¾ one of the oldest and leading scientific innovators ¾ as a counterclaim defendant in a case alleging monopolization involving para-aramid products. The court granted summary judgment for the client on all claims on the eve of trial.
- Representation of a Fortune 500 technology company and other large commercial purchasers of dynamic random access memory (DRAM) as opt-outs in multi-district class action litigation to recover damages resulting from price-fixing cartel among certain DRAM suppliers. The litigation obtained favorable settlements up to the eve of trial.
- Representation of Enron Creditors Recovery Corporation (ECRC) in bankruptcy litigation against two international financial institutions arising from the collapse of Enron Corporation in 2001. The litigation settled on the eve of trial, with settlements for ECRC valued at nearly $6 billion.
- Representation of Fortune 500 imaging company in patent infringement action involving process for virtual proofing of digital print jobs. The case settled on confidential terms.
- Representation of a large international biotechnology company in dispute pertaining to the licensing of proprietary human genome data and technology. The case settled on confidential terms after trial began.
- Representation of leading disc-drive maker in patent infringement action as respondent before the U.S. ITC and as defendant in parallel action in federal district court. The cases settled on confidential terms on the eve of trial.
- Representation of international licensing companies as complainants in patent infringement action before the ITC regarding color televisions and display monitors. The case settled on confidential terms after the close of trial.
- Representation of a Fortune 100 communications company in software licensing dispute. The case settled on confidential terms on the eve of trial.
- Representation of one of the largest U.S. franchise lenders as a defendant in a multi-district litigation against claims for securities fraud arising from alleged misrepresentations in the company's private placement offerings for securitized loans. The case settled on confidential terms before trial.
- Representation of a litigation trust established on behalf of the former bondholders of a bankrupt company in an action against the former controlling shareholder and certain former officers and directors for breaches of fiduciary duty and theft of trade secrets. The litigation trust recovered $400 million in a settlement shortly before trial.