Gringer_David

David Gringer

David Gringer is an accomplished trial lawyer with demonstrated success in complex antitrust and false advertising litigation. In the antitrust space, Mr. Gringer is one of the very few attorneys to have successfully tried cases under section 7 of the Clayton Act for both plaintiffs and defendants, and has recently prevailed at trial in different cases brought by the Attorneys General of 16 different states; he has also successfully secured victories at the Motion to Dismiss stage in several cases brought under Sections 1 and 2 of the Sherman Act. In 2020, Mr. Gringer was named a “rising star” by Law360 for his experience with “massive cases on both sides of the courtroom,” and this year was runner-up on Law.com’s Litigator of the Week for a significant antitrust victory on a motion to dismiss. In false advertising and consumer protection cases, Mr. Gringer takes high-profile cases to trial throughout the country with deep experience litigating against the government, putative class plaintiffs, and in mass arbitrations.

At the DOJ, Mr. Gringer played a leading role in many of the Antitrust Division's 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.

David has also successfully represented clients at trial in false advertising litigation and mass arbitrations against State Attorneys General, claimants and private class plaintiffs; and in investigations by multistate groups of Attorneys General and the Bureau of Consumer Protection at the FTC. He also routinely advises clients on compliance with state and federal UDAP laws, bringing a trial lawyer’s perspective to these questions.

Before joining the DOJ, 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. In 2005, he was campaign manager for the successful Manhattan Borough president campaign of Scott Stringer, who now serves as New York City comptroller.

Experience

    • Won a resounding victory as part of a trial team for clients T-Mobile and Deutsche Telekom in a landmark antitrust trial in which attorneys general from 13 states and the District of Columbia sought to enjoin the merger of T-Mobile and Sprint.
    • Twice successfully prevailed on motions to dismiss with prejudice Section 1 and Section 2 claims on behalf of a large technology company.
    • Won a complete dismissal of antitrust lawsuit alleging monopolization against a large public utility.
    • Represents technology and telecommunications companies in ongoing consumer mass arbitrations and adjacent litigation in state and federal court.
    • Represents a technology company in putative class actions lawsuit alleging unlawful monopolization in the Northern District of California.
    • Advised manufacturers of isopropyl alcohol, petroleum products and other essential commodities with compliance with the price gouging and related laws in all 50 states in response to COVID-19 pandemic.
    • 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 the dismissal of a lawsuit alleging orchestrated hacking of computer systems.
    • Secured clearance from the DOJ after the issuance of a Second Request in a major transaction in the data network industry.
    • Represents an online software company in litigation brought by the Los Angeles City Attorney under UCL and Santa Clara County Counsel under the FAL and in several different State AG investigations.
    • Represented a client in connection with antitrust agency and congressional investigations.
    • Represents an online software company in Federal Trade Commission and State Attorney General investigations.
    • Represented the indenture trustee for, and holders of, billions of dollars in bonds in the successful prosecution and appeal of “make whole” and related claims totaling approximately $600 million in the Energy Future Intermediate Holdings Company Chapter 11 case.
    • 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.
       

Recognition

  • Named a Litigator of the Week runner-up by AmLaw Litigation Daily for a major antitrust victory
  • Named a 2020 Rising Star by Law360 for his experience with “massive cases on both sides of the courtroom”  
  • Recipient of 2020 Burton Award for legal writing
  • Recipient of Assistant Attorney General Antitrust Awards of Distinction in 2010, 2011, 2012 and 2013

Insights & News

Credentials

  • Education

    • 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, University of Pennsylvania, 2003

      summa cum laude
  • Admissions

    • District of Columbia

    • New York

  • Clerkships

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

Credentials