David L. Douglass LinkedIn

Attorney in Washington, DC

Mr. David Douglass is a partner in the Government Contracts, Investigations & International Trade Practice Group in the firm's Washington, D.C. office.

Areas of Practice

For more than two decades David has drawn on his prosecutorial and trial experience to advise and represent life sciences companies, health care providers, payers and government contractors on compliance and risk management, defense of government investigations, litigation and, of course, trial. David 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 is currently Chair of the ABA Health Law Section.

A substantial part of David's 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 health care 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. David 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.

Experience

Representative Matters

Counsel for Boston Scientific in defense of False Claims Act litigation against predecessor company.

Successful defense of corporate executive who was a target in investigation of alleged export control violations.

2006: Successful trial defense of defendant in the first qui tam trial arising from contracting in Iraq. (Federal Court, Eastern District of Virginia)

2005: Jury verdict on behalf of Health Care Services Corporation in the first indirect-purchaser antitrust case to proceed to trial. (Federal Court, District of Columbia)

2003: Successful defense of a national health care provider against allegations of violations of the Medicaid Rebate Statute. (No indictment sought)

2002: Trial defense of individual charged with violation of the Arms Export Control Act. (Federal Court, District of Maryland, Baltimore Division)

Representative Clients

MedImmune

Guidant Corporation

Kaiser Foundation Health Plans

Health Care Services Corporation (formerly Blue Cross Blue Shield Texas)

Blue Cross Blue Shield Plans

Aetna

Cigna

Honors

· American College of Trial Lawyers

· Super Lawyers, 2007, 2010

Memberships

· American Bar Association: Health Law Section, Fraud and Abuse Interest Group - Vice Chair; Administrative Law Section, Criminal Process Committee - Member and former Co-Chair

· DRI - The Voice of the Defense Bar: Government Enforcement and Corporate Compliance Committee - Chair

· The Bar Association of the District of Columbia

· Advisory Board of the Institute for Inclusion in the Legal Profession - Member

· National Bar Association

Articles

· Co-author, "What Is a General Counsel to Do?" In-House Defense Quarterly, Winter 2013

· Author, "Qui Tam Litigation Defense: Three Dimensional Chess," American Bar Association's Litigating FCA Cases Teleconference, February 2011

· Author, "The (Ir)Responsible Corporate Officer Doctrine and Contemporary Corporate Compliance: Protecting Responsible Corporate Officers from Irresponsible Prosecution," American Conference Institute's 15th Anniversary Drug & Medical Device Litigation, December 2010

· Author, "Litigating Civil Cases in the Shadow of a Criminal Investigation," DRI Business Litigation and Intellectual Property Seminar, April 2010

· Author, "Understanding and Accommodating the Department of Justice' Evolving Policies Concerning Cooperation and Waiver of the Attorney-Client Privilege in Directing Effective Internal Investigations," ABA National Institute on Internal Investigations, May 2009

· Co-author, "Recent Developments in Corporate "Cooperation" Credit: Opening Pandora's Box or Slamming The Privilege Waiver Lid Shut," March 2009

· Co-author, "The Corporate Attorney-Client Privilege: Preserving Privacy in the Age of Transparency," The Joan Fullam Irick Privacy Project III (IADC), 2007

· Author, "U.S. Supreme Court Issues Important Ruling on the "Original Source" Requirement," Qui Tam Litigation Alert, March 28, 2007

· Co-author, "Healthcare Fraud Enforcement Trends & Developments," Andrews White-Collar Crime Reporter, February 27, 2007

· Co-author, "Exceptions to the McNulty Memo: Do They Render the Revisions Illusory?" Andrews White-Collar Crime Reporter, February 27, 2007

Healthcare Law Blog Articles

· "Ninth Circuit Off-Label Marketing Decision Suggests More Prosecutions Will Be Coming," March 7, 2013

Speeches

· Panelist, American Bar Association National False Claims Act and Qui Tam Trial Institute, "Obtaining and Using Discovery from the Government," June 5-7, 2013

· Panelist, Strafford Webinars, "Qui Tam Actions: Managing Whistleblower Suits for Class Action Counsel," February 7, 2013

· American Bar Association Health Law Section's 12th Annual Conference on Emerging Issues in Healthcare Law, "Fraud and Abuse Enforcement Update," February 2011

· American Bar Association's Litigating FCA Cases Teleconference, "Qui Tam Litigation Defense: Three Dimensional Chess," February 2011

· Law Education Institute's 28th Annual National CLE Conference, "Health Care Reform in Practice: Federal and State Health Care Fraud Prosecutions," January 2011

· American Conference Institute's 15th Anniversary Drug & Medical Device Litigation Program, "Managing the New Threat that Individual Corporate Officer Liability Poses to Pharmaceutical Companies," December 2010

· DRI's Business Litigation and Intellectual Property Seminar, "Litigating Civil Cases in the Shadow of a Criminal Investigation," April 2010

· IPOA EuroConference 2010: Risk Management in Conflict and Post-Conflict Zones, "Key issues in establishing compliance protocols to manage risk in volatile environments," April 2010

· Panelist, ABA National Institute on Health Care Fraud, "Mediating Health Care Fraud Cases," May 2009

· Panelist, National Institute on Internal Corporate Investigations and In-House Counsel, May 2009

· Panelist, ABA Business Law Section, "Aftermath of the Financial Meltdown: - Analyzing Future Litigation and Compliance Issues," April 2009

· Law Education Institute, Health Law Program, "Representing Medical Device and Other Supplier Companies," January 2009

· Panelist, 6th Annual National Institute on Civil False Claims Act and Qui Tam Enforcement, Recent Developments on Damages and Penalties Panel

· Panelist, ABA Health Law Section Teleconference, "Blakely and the Federal Sentencing Guidelines: You Can Almost Go Home Again. The Importance of the Supreme Court's Landmark Decision in the Booker and Fanfan Cases," February 2005

202.469.4909
Client Rating N/A help_info
Submit a client review

Peer Rating N/A help_info

Areas of Law

  • Government Contracts, Investigations & International Trade
  • Litigation
  • Life Sciences and FDA
  • White Collar Defense and Corporate Investigations
  • Healthcare

 

Experience & Credentials

Position

Partner

Admission Details

Admitted in 1985, Massachusetts
District of Columbia
U.S. Court of Federal Claims

Law School Attended

Harvard Law School
Class of 1985
J.D.
cum laude

University Attended

Yale University
Class of 1981
B.A.

Contact Information

Phone

202.469.4909

Fax

202.312.9448

Email

Send email to David L. Douglass


Office Information
David L. Douglass
Partner
 Eleventh Floor East, 1300 I Street, NW,
Washington, DC 20005-3314

Loading...

Logo
Sheppard, Mullin, Richter & Hampton LLP (Washington, District of Columbia)

About Client Rating
About Peer Rating

Welcome to Martindale-Hubbell® Client Review, a new ratings service that allows you to view and provide feedback on a lawyer or law firm on service and relationship qualities such as Communication Ability, Responsiveness, Quality of Service, and Value for Money.

Determining a Rating

The Client Review Rating is determined through aggregation of validated responses. This compilation of Client Reviews translates to a numerical rating and associate descriptive term on a scale of 1 -5. 1 being lowest as "Rated" and 5 being highest as "Preeminent".

  • 4.5-5.0 Preeminent
  • 3.0-4.4 Distinguished
  • 1-2.9 Rated

Martindale-Hubbell uses a third-party resource to validate that the respondent is a living person, but cannot confirm the lawyer/client relationship, which in many cases is confidential. Clients must affirm that they are a client of the lawyer or firm identified for review at the time of the completed Client Review.

The Reviewers

Those who complete Client Reviews are clients of law firms who hired a lawyer within the last year, whose matter is not pending, and want to share their experience of that lawyer or law firm with other potential clients. Reviewers can be of any type from in-house counsel, corporate executives, small business owners to private individuals, and even sometimes another lawyer in a different jurisdiction.

Anonymity

Client Reviews are anonymous and reviewers' identities are not published; however a summary of basic demographics will be part of the display of responses.

Why do we collect demographics as part of the review?

Those who are researching a lawyer or law firm like to see that there are other clients who might be "like them". This is valuable information contributing to the decision-making process of hiring a lawyer.

Martindale-Hubbell's role

Martindale-Hubbell facilitates the process of Client Review by gathering responses, validating them and aggregating results for display online. The content of the responses are entirely from reviewers, the clients of the firm or lawyer.

It is important to note that Martindale-Hubbell does not undertake to develop Client Reviews for all firms and lawyers. Therefore, the fact that a firm or lawyer has not been reviewed should not be construed unfavorably. Prior results do not guarantee a similar outcome and Martindale-Hubbell accepts no responsibility for the content or accuracy of any review over which Martindale-Hubbell exercises no editorial review or control.