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)
Mr. Cross was outside counsel for E. I. Du Pont De Nemours and Company in the Dupont v. Kolon Industries case that was named “2015 Global Dispute of the Year: U.S. Litigation” by The American Lawyer Global Legal Awards.
Mr. Cross was named a "Rising Star" in Competition Law from Law360 2014.
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