David Hamilton
PartnerDavid Hamilton is a nationally recognized litigator who advises clients on complex antitrust and business competition matters, including monopolization, price fixing, international cartel, trade secrets, False Claims Act, civil RICO, and patent litigation. He also represents clients in government civil and criminal investigations and provides antitrust counseling on a wide range of business conduct and compliance issues.
Recognized by Chambers USA as a “distinguished business litigator” with strength handling antitrust and business competition cases, David has deep experience in sectors such as healthcare, life sciences, manufacturing, and financial and advisory services. Clients value his breadth of knowledge and experience, thoughtful approach, and practical advice on sophisticated issues.
David regularly speaks and writes about antitrust, business competition and civil trial practice, and has held various leadership positions in the American Bar Association’s Litigation Section. He is also active in the Maryland and Baltimore communities, including serving on the Maryland State Retirement System Board of Trustees and prior terms on the Maryland Appellate Judicial Nominating Commission, the Gilman School Board of Trustees, Greater Baltimore Committee, and Board of Directors for the Maryland Zoo in Baltimore.
EXPERIENCE
- Won summary judgment on behalf of a publicly traded packaging company in antitrust and patent lawsuit alleging defendant engaged in various anticompetitive tactics, including discount bundling and sham intellectual property assertions. Affirmed by the Eighth Circuit.
- Prevailed on summary judgment on behalf of a national healthcare system in litigation alleging Sherman Act violations arising from contracting practices.
- Won summary judgment on behalf of a hospital sued by physicians whose privileges were terminated alleging antitrust violations, defamation, and conspiracy by defendants. Affirmed on appeal.
- Secured dismissal of plaintiffs’ antitrust claims against a medical group alleging violations of Sherman Act, including group boycott, exclusive dealing and monopolization claims and various tort claims.
- Defended five national academic medical center hospitals in a landmark antitrust class action by medical residents alleging price fixing based on medical resident “match program.” Secured the dismissal of the lawsuit (affirmed on appeal) after Congress enacted legislation that exempted participation in a matching program from federal antitrust laws.
- Obtained a favorable settlement in a case alleging Sherman Act Section 1 vertical pricing violations for a French luggage manufacturer.
- Secured a favorable resolution on behalf of a publicly traded international chemical company defending against international cartel price-fixing allegations following defendant’s successful Daubert motion.
- Represented nineteen health care systems across multiple states as non-party witnesses in FTC investigation.
- Obtained a complete defense verdict on behalf of a tobacco products manufacturer following a five-week patent infringement trial (affirmed in part on appeal).
- Won a defense verdict on behalf of an airport retail concessions developer following a three-week trial on plaintiff’s tort and contract claims.
- Represented chair of trade association in FTC investigation into claims of violating a consent decree, with the FTC terminating its investigation with no action.
- Represented companies and individuals charged with civil fraud and piercing the corporate veil allegations by the US government.
- Won a motion to dismiss plaintiff’s breach of contract and breach of fiduciary duty claims on behalf of an investment advisory firm. Affirmed by the Seventh Circuit.
- Prevailed on a motion to dismiss on behalf of defendants in a federal lawsuit alleging various claims, including breach of contract, violation of federal and state trade secret laws, civil RICO conspiracy, tortious interference, and unfair competition. trade secret claims, fraud, conspiracy, and unfair competition, and involving a parallel criminal investigation.
- J.D., University of Maryland School of Law
- M.A., Duquesne University
- B.A., Duquesne University
AWARDS
Chambers USA
- Maryland Litigation: General Commercial (2021 – 2024)
The Legal 500 United States
- Recommended, Cartel (2024)
- Recommended, Civil Litigation/Class Actions: Defense (2024)
Additional Awards
- Honoree in Business Litigation, Civil Litigation, Antitrust Litigation, Maryland Super Lawyers (2007, 2009 – present)
- Best Lawyer in Commercial Litigation, Government Relations Practice, Litigation – Antitrust, Litigation – Mergers and Acquisitions, The Best Lawyers in America® (2011 – present)
- Governmental Relations "Lawyer of the Year" in Baltimore, Best Lawyers® (2017, 2021)
Publications and media
- "The story on resale price maintenance agreements," The Daily Record, February 8, 2024
- "DOJ suffers another defeat in a no-poach antitrust prosecution," DLA Piper Client Alert, May 5, 2023
- "DLA Piper Boosts Litigation Team With Baltimore Antitrust Pro," Law360, March 6, 2023
- "Line of Defense: The Role of Antitrust Law and Enforcement in the Biden Administration," Apple Podcasts, July 5, 2022
- "The Opportunity Economy: Trends, Challenges and Opportunities for 2022," Lexology, December 14, 2021
- "Opportunity Economy: Risks in Antitrust Enforcement," The National Law Review, August 26, 2021
- "Antitrust Regulation and the Labor Market," soundcloud.com, August 24, 2021
- "Regulators Warn of Scams During Coronavirus Pandemic and Economic Downturn," Womble Bond Dickinson, March 26, 2020
- "Analysis: O’Bannon Decision Could Open the Door to Significant Changes in Collegiate Athletics," The National Law Review, September 5, 2014
Memberships and Affiliations
- American Bar Association, Litigation and Antitrust Sections
- ABA Litigation Section Corporate Counsel Committee
- ABA Civil RICO Subcommittee of Litigation Section and Former Chair
- Maryland Bar Association, Litigation and Antitrust Sections
- District of Columbia Bar Association, Litigation and Antitrust Sections
- Baltimore City Bar Association
- Maryland Appellate Judicial Nominating Commission, 2015 – 2019
- Greater Baltimore Committee, President’s Council, 2009 – 2018
- Maryland State Retirement System Board of Trustees, 2003 – 2007 and 2015 – 2021; Chair, Securities Litigation Committee, 2017 – 2021; Investment Committee, 2015 – 2020; Chair, Audit Committee 2017 – 2020
- Maryland Zoo in Baltimore, Board of Directors, 2004 – 2006
- British American Business Association, DC Chapter, 2015 – 2021
