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.
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:
Obtained defense verdict for major US producer of spices and seasonings in jury trial of claim alleging violation of the Lanham Act
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
TheLegal 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."
Chambers USA
Recognized Practitioner, District of Columbia Litigation: General Commercial (2013-2015)
Additional Awards
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.
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.
Panel Member at Fordham University Competition Law Institute, "At the Intersection of Labor and Antitrust: New Trends in Non-Poaching Litigation," September, 2019