People

David W. Ogden

Partner

Chair, Government and Regulatory Litigation Practice Group

Ogden, David W.

A nationally recognized litigator and counselor with more than thirty years’ experience, David Ogden focuses his practice on disputes with complex legal or policy dimensions and serious financial implications. He served as the Deputy Attorney General of the United States from 2009 to 2010 and as Assistant Attorney General for the Civil Division, United States Department of Justice, from 1999 to 2001. Mr. Ogden is chair of the firm’s Government and Regulatory Litigation Group.

Principal areas of practice include:

  • 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, financial reputation, 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, rail, 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

  • 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).
  • 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
  • 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

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March 10, 2014

Ideas for Reforming the False Claims Act

An article by David Ogden and Jonathan Cedarbaum, published in the March 10, 2014 edition of Corporate Counsel.

February 24, 2014

Fourth Circuit Holds cGMP Violations Do Not Create False Claims Under Medicare and Medicaid

In the first appellate decision of its kind, the U.S. Court of Appeals for the Fourth Circuit held on February 21, that because compliance with the Food and Drug Administration’s Current Good Manufacturing Practices (cGMP)  regulations is not a precondition for reimbursement under Medicare and Medicaid, violations of the cGMP regulations by themselves cannot form the basis for False Claims Act claims under those programs.

January 7, 2014

False Claims Act: 2013 Year-in-Review

The False Claims Act (FCA) saw another year of increased activity in 2013, with new qui tam suits hitting an all-time high of 753, a rise of more than 100 over 2012. In fiscal year 2013, the federal government brought in $3.8 billion—the fourth year in a row of more than $3 billion in recoveries. As in the past, the healthcare and pharmaceuticals sector accounted for the biggest share, with $2.6 billion recovered. Procurement saw a jump, more than doubling to $890 million. Financial institutions remained a substantial target, and both the government and private plaintiffs were increasingly bringing claims against recipients of grant and loan funds as well as contractors. Activity at the state level increased as well, with many states expanding the reach of their own false claims statutes, and both state attorneys general and private plaintiffs making aggressive use of new theories of liability.

December 9, 2013

WimerHale Partner David Ogden Discusses The False Claims Act

WilmerHale Partner David Ogden participated as a speaker in a panel about reforms to The False Claims Act (FCA).

October 30, 2013

4 Compliance-Focused Reforms That Would Improve FCA

An article co-authored by Partners Jonathan Cedarbaum and David Ogden, published in Law360.

October 25, 2013

WilmerHale Partners Co-Author US Chamber of Commerce Study on Reforming the False Claims Act

October 25, 2013

Fixing the False Claims Act: The Case for Compliance-Focused Reforms

A white-paper co-authored by WilmerHale Partners David Ogden and Jonathan Cedarbaum.

June 4, 2013

White House Announces Patent Initiatives

Today, the White House announced several executive actions and legislative recommendations aimed at curbing aggressive patent assertion.

May 24, 2013

Chambers USA 2013 Final Results Announced

Chambers USA: America's Leading Lawyers for Business today announced its final rankings for the 2013 edition, in which 93 WilmerHale lawyers and 44 firm practice areas have been recognized as leading in their field.

May 6, 2013

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

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, banking, 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
  • Representing a nationwide lender in CFPB and DOJ investigation related to disparate impact allegations
  • 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
  • Obtaining for a national professional association summary judgment 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

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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