People

David W. Ogden

Partner

Chair, Government and Regulatory Litigation Practice Group

Ogden, David W.

David W. Ogden is the chair of the firm’s Government and Regulatory Litigation Group, and a member of the Strategic Response and Counseling Group. He served as the Deputy Attorney General of the United States from 2009 to 2010. He has rejoined the firm, where he was a partner from 2001-2009.

A nationally recognized litigator and counselor with thirty years’ experience, Mr. Ogden focuses on disputes with complex legal and policy dimensions and serious financial implications, including:

  • civil litigation and government enforcement actions under regulatory regimes such as the False Claims Act, the antitrust or competition laws, securities laws, export control laws, and anti-discrimination, fraud, environmental, and tax laws;
  • matters raising issues of public and private international law, such as transnational litigation in US courts, transnational enforcement issues, investor-state disputes, enforcement of foreign judgments, controversies in foreign legal systems, and injunctions against foreign litigation;
  • administrative law and other litigation involving defects in government regulations or other official actions;
  • litigation to restrain the enforcement of federal or state statutes, including first amendment, federal preemption, Commerce Clause, equal protection, due process, and expropriation issues; and
  • Supreme Court and appellate litigation.

His clients have included leading companies in the pharmaceutical, petrochemical, technology, retail, insurance, defense, financial, manufacturing, airline, automotive, media, entertainment, and government services industries, as well as major trade and professional associations, nonprofit foundations, and individuals.

Government Experience

Mr. Ogden was nominated by President Obama and confirmed by the United States Senate to serve as the Deputy Attorney General of the United States, and he did so from 2009 to 2010. In that position, he was the second ranking official of the United States Department of Justice and its chief operating officer, supervising the Justice Department’s 110,000 employees, almost $30 billion budget, and all of its components and operations. Among the components reporting to Mr. Ogden were the Federal Bureau of Investigation and other law enforcement agencies, the 93 United States Attorneys Offices, and all of the Justice Department’s national litigating divisions including the Criminal Division, National Security Division, Civil Division, Civil Rights Division, Antitrust Division, Environment and Natural Resources Division, and Tax Division. He served as a member of the Deputies Committee of the National Security Council, and led major Justice Department and Executive Branch initiatives addressing health care fraud, financial fraud, international organized crime, Mexican drug cartels, immigration, international tax enforcement, and law enforcement in Indian Country. He also worked regularly with the leaders of foreign justice and interior ministries on international disputes and national security and law enforcement matters

Earlier, Mr. Ogden served as the Assistant Attorney General for the Civil Division (1999-2001), where he directed the Justice Department's largest litigating unit representing federal agencies and officials in major civil litigation, including the government's largest regulatory, constitutional, international, national security, administrative, government contract, commercial, tort, fraud and false claims, immigration, and consumer matters. He also served as Chief of Staff and Counselor to former Attorney General Janet Reno (1997-1999), Associate Deputy Attorney General (1995-1997), and Deputy General Counsel and Legal Counsel at the United States Department of Defense (1994-1995).

Honors & Awards

  • The 2012 Distinguished Brief Award, given by The Thomas M. Cooley Law Review for briefs filed before the Michigan Supreme Court, for the amicus brief of the American Psychological Association in Michigan v. Kowalski.
  • Selected as a leading lawyer for his work in the litigation field in the 2013 edition of Chambers USA: America's Leading Lawyers for Business
  • Recommended as a litigation star in Washington DC in Benchmark Litigation's The Guide to America's Leading Litigation Firms and Attorneys (2008, 2012 and 2013).
  • Consistently selected by peers for inclusion in The Best Lawyers in America in the areas of commercial and mass tort litigation, and business litigation.
  • Edward H. Levi Award for Outstanding Professionalism and Exemplary Integrity, US Department of Justice (2010) 
  • Named a 2007, 2008, 2009 and 2013 Washington DC Super Lawyer for business litigation
  • One of Washington Business Journal's "Top Washington Lawyers" in the area of corporate litigation (2006)
  • National Law Journal Pro Bono Award (2006)
  • Edmund J. Randolph Award for Outstanding Service, US Department of Justice (2001)
  • Attorney General's Medallion, US Department of Justice (1999)
  • Department of Defense Medal for Distinguished Public Service (1995)

Publications & News

View

May 6, 2013

WilmerHale FCA Members Publish Two-Part Article Series in Financial Fraud Law Report

April 1, 2013

False Claims Act: 2012 Year-in-Review – Part II

An article by Jennifer M. O’Connor, Christopher E. Babbitt, David W. Ogden and Jonathan G. Cedarbaum, published in the April 2013 edition of Financial Fraud Law Report.

March 22, 2013

Fourth Circuit Expands FCA Limitations Period

In United States ex rel. Carter v. Halliburton, a divided panel of the U.S. Court of Appeals for the Fourth Circuit expanded the scope of potential False Claims Act (FCA) liability for government contractors by holding that the Wartime Suspension of Limitations Act (WSLA) suspends the six-year statute of limitations in qui tam FCA cases even when the government has not intervened.

March 1, 2013

False Claims Act: 2012 Year-in-Review – Part 1

An article by Jennifer M. O’Connor, Robin L. Baker, Christopher E. Babbitt, David W. Ogden, and Jonathan G. Cedarbaum, published in the March 2013 edition of Financial Fraud Law Report.

January 11, 2013

2013 NDAA Expands Whistleblower Protections

The 2013 National Defense Authorization Act extends the whistleblower protections available to employees of government contractors, subcontractors, and grant recipients. While employees of contractors already enjoyed some protections, such as under the False Claims Act’s anti-retaliation provision, the new law considerably expands whistleblower protections for millions of non-government workers with knowledge of potential False Claims Act violations and other claims against contractors doing business with the government.

January 2, 2013

The False Claims Act: 2012 Year-In-Review

The upward trends in False Claims Act (FCA) enforcement that we described in our 2011 Year-In-Review continued in 2012. In the fiscal year that ended on September 30, 2012, the U.S. Department of Justice (DOJ) secured $4.9 billion in FCA settlements and civil judgments, beating the previous record by more than $1.7 billion. Federal FCA recoveries since January 2009 add up to $13.3 billion, which is the largest four-year total in DOJ history. Our full review is available in PDF format.

December 4, 2012

Whistleblower Protection Enhancement Act of 2012 Signed into Law

On November 27, 2012, President Obama signed S. 743, the Whistleblower Protection Enhancement Act of 2012, into law. The Act strengthens existing protections for federal workers who disclose evidence of fraud, abuse, or waste they have encountered in the course of their employment. The new law clarifies the scope of protected disclosures, expands the class of persons protected, and corrects perceived unfairness in certain aspects of the process of seeking relief for violations.

October 29, 2012

Partner David Ogden Participates in Annual Legal Reform Summit

October 29, 2012

The Exclusion Illusion: Fixing a Flawed Health Care Fraud Enforcement System

Year after year, the government announces historic settlements in the area of health care fraud. During the last decade, the annual fines imposed on pharmaceutical companies have increased more than 800 percent, approaching a total of $25 billion.

October 18, 2012

Affordable Care Act Litigation: The Next Round

Speaking Engagements

May 2-3, 2013

The 15th Annual Sedona Conference® on Complex Litigation: Strategic and Tactical Decision-Making in Parallel Fraud Proceedings

Del Mar, California

October 24, 2012

US Chamber of Commerce Institute for Legal Reform 13th Annual Legal Reform Summit

Washington, DC

June 1, 2011

PLI’s Health Care 2011

Webinar

June 16, 2010

DC Bar: Judicial Independence in Latin America: rule of law and transborder consequences

Washington, DC

April 26, 2010

Practising Law Institute: Health Care 2010: Managing Risks in the New Compliance and Enforcement Environment

New York, New York

November 14, 2007

WilmerHale Webinar: Deciphering the New FDA Reform Legislation - What the FDA Amendments Act of 2007 Means for Research-Based Pharmaceutical Companies (Session Three)

Webinar

October 31, 2007

WilmerHale Webinar: Deciphering the New FDA Reform Legislation - What the FDA Amendments Act of 2007 Means for Research-Based Pharmaceutical Companies (Session Two)

Webinar

October 17, 2007

WilmerHale Webinar: Deciphering the New FDA Reform Legislation - What the FDA Amendments Act of 2007 Means for Research-Based Pharmaceutical Companies (Session One)

Webinar

November 9, 2006

WilmerHale Event - Global Business Mean Global Risks: Protecting Your Company from Foreign Litigation

New York, New York

May 10, 2006

District of Columbia Bar Event - The Long Arm of Judicial Corruption: Problems with Rule of Law in Latin America and the Emergence of a New Threat to Corporate Assets in the United States

Washington, DC

Representative Matters

International Disputes  

  • Obtaining for a US petrochemical company judicial declarations that foreign judgments totaling more than $500 million are unenforceable in the United States
  • Successfully managing for US pharmaceutical and international petro-chemical companies high-stakes litigations in foreign courts raising issues of judicial corruption and investor-state protections
  • Representing an American company in litigation against a foreign state under the expropriation and commercial activities exceptions to the Foreign Sovereign Immunities Act
  • Successfully defending foreign airlines in US antitrust litigations seeking more than $50 billion in damages, and managing related litigation worldwide
  • Representing corporate clients in investor-state arbitration under ICSID and UNCITRAL Rules
  • Successfully representing an international law firm in a civil racketeering suit brought by a former adversary in international arbitration
  • Representing a former US Secretary of State in Alien Tort Statute litigation

Government and Public Policy Litigation  

  • Representing defense, retail and entertainment industry clients in qui tam actions brought under the False Claims Act
  • Representing insurance, pharmaceutical, technology and, government service companies in Justice Department False Claims investigations
  • Representing a manufacturing entity in an SEC investigation
  • Obtaining on behalf of a major national mortgage lender dismissal with prejudice of a putative nationwide discrimination class action and representing an investment bank in similar litigation
  • Obtaining for a trade association summary judgment striking down on Commerce Clause and preemption grounds a state price control statute
  • Obtaining for a trade association summary judgment striking down on preemption grounds a state statute that invalidated arbitration clauses in certain agreements
  • Defending a national professional association in a consumer class action suit filed by its members
  • Advising and representing a major federally-chartered private corporation in a range of litigation and corporate matters
  • Submitting amicus briefs for a major professional and scientific association and a major industry association in the US Supreme Court and other appellate courts

Professional Activities

In 2010 and 2012, Mr. Ogden was elected and currently serves as a public member of the Administrative Conference of the United States.

Practices

Skip Navigation Links.

Education

JD, magna cum laude, Harvard Law School, 1981, Editor, Harvard Law Review

BA, summa cum laude, University of Pennsylvania, 1976, Phi Beta Kappa

Bar Admissions

District of Columbia

Clerkships

The Hon. Harry A. Blackmun, US Supreme Court, 1982 - 1983

The Hon. Abraham D. Sofaer, US District Court for the Southern District of New York, 1981 - 1982