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David H. Bamberger

David H. Bamberger

Partner
Co-Head, DC Litigation Practice
About

David Bamberger has been litigating for more than 35 years in federal and state courts around the country, as well as before arbitration panels. He devotes a substantial portion of his practice to litigating complex antitrust and trade regulation matters, including class action cases.

David has tried scores of cases, many of them jury trials, and has argued appeals in many appellate courts, including the Supreme Court of the United States. In addition to maintaining an active litigation practice, David also regularly counsels clients in a variety of industries on antitrust and trade regulation matters.

Bar admissionsDistrict of ColumbiaMaryland
CourtsUnited States District Court for the District of MarylandUnited States District Court for the District of ColumbiaUnited States District Court for the Eastern District of MichiganUnited States Court of Appeals for the First CircuitUnited States Court of Appeals for the Second CircuitUnited States Court of Appeals for the Fourth CircuitUnited States Court of Appeals for the Fifth CircuitUnited States Court of Appeals for the Sixth CircuitUnited States Court of Appeals for the Seventh CircuitUnited States Court of Appeals for the Eighth CircuitUnited States Court of Appeals for the Ninth CircuitUnited States Court of Appeals for the District of Columbia CircuitSupreme Court of the United States

EXPERIENCE

A representative sampling of the matters David has litigated in recent years includes:

  • Defeated FTC challenge to proposed merger on behalf of global provider of contract sterilization services
  • Obtained summary judgment for major health care staffing company in federal court litigation involving claims of unreasonable restraints of trade and attempted monopolization
  • Obtained dismissal of antitrust claims against global supplier of spices and seasonings in multi-district litigation
  • Obtained dismissal for major health care staffing company in federal court litigation involving Sherman Act and FCA claims
  • Represented numerous franchisors in various industries in connection with investigations of alleged "no-poaching" restrictions
  • Obtained dismissal for nationwide franchisor in the pizza delivery business in federal court litigation alleging "no-poaching" antitrust violations
  • Obtained summary judgment for major Japanese manufacturer of heavy equipment in federal court litigation alleging Sherman Act boycott claims
  • Represented leading international air carrier in federal court multi-district litigation alleging price fixing in regard to passenger fares
  • Obtained summary judgment on all claims for major distributor of swimming pool products in federal court multi-district litigation alleging monopolization and attempted monopolization
  • Represented Japanese manufacturer of resistors in federal antitrust litigation alleging price fixing
  • Obtained dismissal of all claims for surety bond issuer in federal court litigation alleging antitrust and RICO claims
  • Represented leading international air carrier in federal court multi-district litigation alleging price fixing in regard to air cargo shipments
  • Represented Japanese electronics manufacturer in federal court litigation alleging price fixing in the optical disk drive industry
  • Represented major producer of packaged ice in federal court multi-district litigation involving claims of alleged price fixing and market allocation
  • Represented major poultry processor in federal court multi-district litigation involving claims against members of an alleged international price fixing cartel in the animal feed additive industry
  • Obtained summary judgment for leading company in the education field in a federal court case involving claims of monopolization, attempted monopolization and predatory pricing
  • Represented large commercial concern in federal court multi-district litigation involving price fixing claims in the corrugated box industry
  • Obtained dismissal of all claims for European advertising company in case involving allegations of monopolization of outdoor advertising in major metropolitan area
  • Represented manufacturer of agricultural chemicals in federal court case involving claims of copyright infringement and counterclaims of monopolization
  • Represented insurers in numerous state and federal court class actions and governmental enforcement actions alleging price fixing in the insurance industry
  • Represented major teaching hospital and university in federal and state court litigations involving claims relating to international initiatives
  • Represented pharmaceutical company in federal court litigation involving trademark infringement claims
  • Represented major manufacturer of medical devices in federal court litigation involving trademark infringement claims
Education
  • J.D., George Washington University 1981
    Order of the Coif
    with high honors
  • M.A., University of Toronto 1971
  • B.A., Trinity College 1970

Awards

  • The Legal 500 United States
    • Recommended, Civil Litigation/Class Actions: Defense (2019-2022)
    • Recommended, Cartel (2016)
    • Recommended, Antitrust (2012-2014)
  • Chambers USA
    • Recognized Practitioner, District of Columbia Litigation: General Commercial (2013-2015)

The Legal 500 United States has recommended David regularly. The 2022 edition had client comments such as "David Bamberger is one of the finest antitrust litigators in the country. He is a dogged advocate, a brilliant tactician, and a very thoughtful lawyer." and "David Bamberger has broad knowledge of the field of antitrust that he can easily convey to clients." Its 2011 edition also described him as "vastly experienced" and noted that a client commented that he is "one of the most knowledgeable attorneys in the country; very accessible and mindful never to churn a file."

In 2018, he was named a BTI Client Service All-Star by BTI Consulting, which noted that he was selected for his "exceptional legal expertise with practical advice, business savvy and innovative, effective solutions." Only 326 lawyers in the US received this honor in 2018. David is also listed in The Best Lawyers in America 2023 and is named a 2023 Washington, DC Super Lawyer in the area of Antitrust Litigation, and he has been named among the "Noted Practitioners" in Chambers USA in the area of litigation for Washington, DC.
 
DLA Piper's Antitrust practice group has been ranked a number of times as the #1 Antitrust Litigation practice by Martindale-Hubbell®, according to total number of antitrust cases before US federal district courts during the prior two years, and the publisher consistently ranks David "AV" – the highest ranking available – as well as "Judicial AV Preeminent," noting he has received the highest possible ranking from both his peers and the judiciary.

Bylines

  • Panel Member at Fordham University Competition Law Institute, "At the Intersection of Labor and Antitrust: New Trends in Non-Poaching Litigation," September, 2019
  • Antitrust Matters - November 2017, 23 Nov 2017

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