David Gringer


Gringer, David

David Gringer is a trial-ready litigator with a focus on complex antitrust and consumer protection litigation. He also has significant experience in responding to government investigations at both the federal and state levels.

Prior to joining the firm, Mr. Gringer was a trial attorney in the Antitrust Division of the US Department of Justice. At the Division, Mr. Gringer played a leading role in many of its highest profile matters, including serving as a member of the Division's winning trial teams in U.S. v. H&R Block—the Division's first successful challenge to a merger in more than eight years—the e-books price-fixing litigation, and writing the Division's litigation complaints in U.S. v. Anheuser-Busch and U.S. v. U.S. Airways.

In 2013, Mr. Gringer was selected for an individual Assistant Attorney General Award of Distinction for his work on U.S. v. H&R Block, U.S. v. BlueCross Blue Shield of Michigan, and the proposed and later abandoned 3M/Avery merger, among others.

Before joining the Department of Justice, Mr. Gringer served as a law clerk to the Honorable Michael Boudin of the US Court of Appeals for the First Circuit. He also has substantial political campaign management experience. During 2005, he was campaign manager for the successful Manhattan Borough President campaign of Scott Stringer, who now serves as New York City Comptroller. He also served as the field coordinator for now-New York State Attorney General Eric Schneiderman's first New York State Senate campaign.

Recent Highlights

  • Secured a dismissal of all antitrust damage claims and claims brought under Section 1 of the Sherman Act on behalf of a public utility.
  • Secured clearance from the Department of Justice after the issuance of a Second Request in a major transaction in the data network industry.
  • Represented a client in connection with antitrust agency and congressional investigations.
  • Represented the indenture trustee for, and holders of, billions of dollars in bonds in the successful prosecution and appeal of “makewhole” and related claims totaling approximately $600 million in the Energy Future Intermediate Holdings Company Chapter 11 case.
  • Represented a large telecommunications company in connection with multiple state attorneys general investigations and consumer protection litigation against a State Attorney General.
  • Represented a large financial institution in an internal investigation related to a technology outage and threatened litigation against the responsible vendor; matter resulted in full indemnification for the client. 
  • Represented a foreign government in Federal District Court on issues involving the Foreign Sovereign Immunities Act.

Honors & Awards

  • Recipient of Assistant Attorney General Antitrust Awards of Distinction in 2010, 2011, 2012 and 2013

Publications & News


November 23, 2016

WilmerHale Team Wins Precedent-Setting Third Circuit Bankruptcy Case

In a unanimous decision, a panel of the US Court of Appeals for the Third Circuit held that holders of first-lien notes represented by the firm were entitled to a make-whole payment that could amount to approximately $431 million, together with interest.

December 11, 2015

Antitrust Treatment of State Licensing Boards in the Wake of North Carolina State Board of Dental Examiners v. F.T.C.

An article by David Gringer, published in the Fall 2015 edition of Competition, the journal of the Antitrust, UCL and Privacy Section of the State Bar of California.

May 1, 2010

Life After Twombly: Second Circuit Reverses Dismissal of Section One Price Fixing Case in Starr v. Sony BMG Music Entertainment

An article by David Gringer, appearing in the ABA Antitrust Section Joint Conduct Committee E-Bulletin, Spring 2010.

June 11, 2009

Gov. Pedro Espada? It’s possible, unless Albany gets it together

An op-ed by David Gringer, appearing in the NY Daily News.

January 1, 2008

Why the National Popular Vote Plan Is the Wrong Way to Abolish the Electoral College

An article by David Gringer, published in the Columbia Law Review, Vol. 108, Issue 1, p. 182.


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JD, Columbia Law School, 2008, James Kent Scholar (2006-2008); Articles Editor, Columbia Law Review; Finalist, Stone Honors Moot Court Competition; Alexander Hamilton Fellow

BA, History, summa cum laude, University of Pennsylvania, 2003

Bar Admissions

District of Columbia

New York


The Hon. Michael Boudin, US Court of Appeals for the First Circuit, 2008 - 2009

Government Experience

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