David D. Cross is a partner in the Litigation Group and E-Discovery & Information Management Group in the firm's Washington, D.C. office. David's practice includes antitrust, intellectual property, health care, securities, and general commercial litigation, representing both plaintiffs and defendants in federal and state courts as well as arbitration. His patent litigation experience includes representing complainants and respondents in fast-paced Section 337 actions before the United States International Trade Commission.

David also has extensive experience advising clients on matters regarding electronically stored information (ESI), including developing comprehensive discovery guidelines and protocols for Fortune 500 companies. He is Co-Chair of the American Bar Association's E-Discovery Subcommittee for the Section of Litigation and a member of the Sedona Conference, Working Group 1, which develops principles and best practice recommendations for electronic document retention and production in civil litigation. David was one of the lead attorneys responsible for the litigation that produced the groundbreaking e-discovery decision Hopson v. City of Baltimore, 232. F.R.D. 228 (D. Md. 2005), which gave rise to Fed. R. Evid. 502. His experience includes developing and negotiating comprehensive discovery plans; designing and implementing complex electronic search protocols; preserving and producing data within dynamic databases; developing and managing all aspects of preservation, collection, processing, review and production protocols involving massive amounts of ESI stored within sophisticated systems; preparing, defending and examining corporate and percipient witnesses on document retention and discovery efforts; and prosecuting and defending spoliation claims. David recently successfully defended a Fortune 100 company against a spoliation motion seeking broad, dispositive sanctions for alleged preservation failures brought on the eve of trial in the In re DRAM Antitrust Litigation in the Northern District of California.

David has a robust pro bono practice. He regularly represents parents and serves as Guardian ad Litem in child custody cases. He also has represented, among others, indigent families facing eviction proceedings as well as the government in cases to terminate parental rights for neglect or abuse. He previously represented a putative class of African-American police officers in the Hopson matter alleging race discrimination by the Baltimore City Police Department, and the case succeeded in obtaining much-needed relief for the aggrieved officers.

Representative Matters

• Representation as special discovery counsel for a Fortune 500 company involving civil fraud claims.
• Representation of a Fortune 100 company -- one of the oldest and leading scientific innovators -- as a counterclaim-defendant in a case alleging monopolization involving para-aramid products.
• Representation of a Class I railroad in defense of multi-district class action litigation alleging conspiracy to fix fuel surcharge prices.
• Representation of Fortune 500 technology company and other large commercial purchasers of dynamic random access memory (DRAM) as opt-outs in multi-district class action litigation to recover damages resulting from price-fixing cartel among certain DRAM suppliers. The litigation obtained favorable settlements up to the eve of trial.
• Representation of Enron Creditors Recovery Corporation (ECRC) in bankruptcy litigation against two international financial institutions arising from the collapse of Enron Corporation in 2001. The litigation settled on the eve of trial, with settlements for ECRC valued at nearly $6 billion.
• Representation of Fortune 500 imaging company in patent infringement action involving process for virtual proofing of digital print jobs. The case settled on confidential terms.
• Representation of large international biotechnology company in dispute pertaining to the licensing of proprietary human genome data and technology. The case settled on confidential terms after trial began.
• Representation of leading disc-drive maker in patent infringement action as respondent before the U.S. I.T.C. and as defendant in parallel action in federal district court. The cases settled on confidential terms on the eve of trial.
• Representation of international licensing companies as complainants in patent infringement action before the I.T.C. regarding color televisions and display monitors. The case settled on confidential terms after the close of trial.
• Representation of Fortune 100 communications company in software licensing dispute. The case settled on confidential terms on the eve of trial.
• Representation of one of the largest U.S. franchise lenders as a defendant in a multi-district litigation against claims for securities fraud arising from alleged misrepresentations in the company's private placement offerings for securitized loans. The case settled on confidential terms before trial.
• Representation of a litigation trust established on behalf of the former bondholders of a bankrupt company in an action against the former controlling shareholder and certain former officers and directors for breaches of fiduciary duty and theft of trade secrets. The litigation trust recovered $400 million in a settlement shortly before trial.

Clerkship Experience
David clerked for the Honorable Michael B. Mukasey, former Chief Judge of the Southern District of New York and United States Attorney General.

Other Experience
David joined Crowell & Moring after working in the New York and Washington, D.C. offices of Weil Gotshal & Manges LLP.

While in law school, David served as an articles editor for the Journal of Law & Social Problems, a Moot Court Editor, and a Teaching Fellow for courses in Trial Practice and Negotiations.