David M.Morrell

Partner

Washington + 1.202.879.3636

David Morrell is an experienced litigator and former senior Justice Department official whose practice focuses on high-stakes civil litigation and government disputes. David leads trial-level motions practice and strategy, briefs matters at every level of the federal judiciary, and has argued more than a dozen cases at the trial and appellate levels in courts across the country. He also regularly represents clients in administrative proceedings and government investigations involving the Department of Justice (DOJ), the Federal Trade Commission (FTC), Customs & Border Protection (CBP), and other regulators. David also develops strategies to challenge unlawful regulatory actions.

David returned to Jones Day in 2021 after serving as Deputy Assistant Attorney General in DOJ's Civil Division, where he led the Federal Programs Branch, which defends the government against regulatory challenges to the most significant Executive actions, policies, and programs in federal district court. Prior to that role, he oversaw DOJ's Consumer Protection Branch, which defends the Food & Drug Administration (FDA) in federal district court and brings civil and criminal enforcement actions involving drugs, medical devices, food, consumer products, and fraudulent schemes. Before DOJ, David served at the White House, where advised senior Administration officials on a wide range of legal issues, including in the areas of regulatory policy and international trade.

David's practice builds on his previous tenure at the Firm, during which he represented clients in complex trial and appellate litigation matters across a range of subject matters.

Experience

  • Asbury Automotive Group acquires Jim Koons AutomotiveJones Day advised Asbury Automotive Group, Inc. (NYSE: ABG), one of the largest automotive retail and service companies in the U.S., in its acquisition of Jim Koons Automotive Group of Companies for approximately $1.2 billion in cash.
  • Norwest Equity Partners acquires United Sports BrandsJones Day represented Norwest Equity Partners in the acquisition and financing of United Sports Brands, a global leader in sports performance and protective products, including the Shock Doctor, McDavid, Cutters, Nathan, PEARL iZUMi, and Glukos brands.
  • HDR obtains complete dismissal of nationwide class action in case of first impression under Electronic Communications Privacy ActOn behalf of HDR, Inc., Jones Day obtained a complete dismissal of a nationwide putative class action alleging claims under the Electronic Communications Privacy Act (ECPA).
  • Wabtec successfully defends against antidumping investigations before International Trade CommissionJones Day successfully defended Wabtec Corporation against antidumping and countervailing duty (AD/CVD) investigations conducted by the International Trade Commission (ITC) into imports of freight railcar couplers from China.
  • Hospitality company obtains business license from recalcitrant county governmentJones Day successfully counseled a hospitality company that employs individuals with special needs through the process of obtaining a business license from a recalcitrant county government that sought to impose onerous and unreasonable licensing requirements on it.
  • U.S. Chamber of Commerce files amicus briefs in unemployment benefits casesJones Day filed amicus briefs on behalf of the Chamber of Commerce of the United States and other trade associations in cases challenging the decisions by state governors to end participation to accept federal supplemental unemployment benefits.
  • BNSF wins Eighth Circuit affirmation of dismissal of former employee's whistleblower claimsThe Eighth Circuit affirmed a U.S. district court decision completely dismissing Federal Railroad Safety Act ("FRSA") whistleblower claims brought by former employees against Jones Day's client BNSF Railway Company.
  • GM wins Sixth Circuit appeal affirming dismissal of all claims alleging breaches of collective bargaining agreementIn 2007, Jones Day client General Motors Corporation and the International UAW negotiated a new collective bargaining agreement (CBA).
  • Client obtains Fifth Circuit affirmation of Hague Convention victoryOn July 22, 2014, the United States Court of Appeals for the Fifth Circuit affirmed Jones Day’s victory in Dallas federal court in an international child abduction case.
  • National Public Finance Guarantee Corporation and MBIA Insurance Corporation prevail on appeal in Harris County bond litigationJones Day represented National Public Finance Guarantee Corporation and won an appellate victory reversing the trial court’s ruling and reinstating claims related to approximately $1 billion in bonds issued by the Harris County-Houston Sports Authority ("Sports Authority") in connection with the construction and development of professional sports stadiums in Houston.
  • The following represents experience acquired prior to rejoining Jones Day.

    United States v. Facebook (D.D.C.): personally represented the United States, in partnership with the FTC, in a settlement that required Facebook to implement extensive compliance measures designed to improve user privacy and to pay an unprecedented $5 billion civil penalty — the most ever imposed in a data privacy case in U.S. history.

    Institute for Fisheries Resources v. FDA (N.D. Cal.): argued successful defense of FDA's assertion of authority to regulate genetically engineered salmon under the Food, Drug, and Cosmetic Act (FDCA).

    Vanda Pharmaceuticals, Inc. v. FDA (D.D.C.): argued successful defense of FDA's partial-clinical hold on long-term human testing of the drug tradipitant.

    American Hospital Association v. HHS (D.D.C.): supervised successful defense of HHS's Price Transparency Rule.

    National Association of Manufacturers v. U.S. Dept. of the Treasury and Customs and Border Protection (Court of International Trade & Federal Circuit): briefed and argued in the Court of International Trade in defense of a Customs regulation relating to substitution-drawback claims under the Tariff Act of 1930, and prepared principal brief on appeal.

    House Ways & Means v. U.S. Dept. of the Treasury (D.D.C.): represented the government in lawsuit to enforce a subpoena for the President's tax returns.

    Ryan v. Trump (N.D. Cal.): supervised defense against challenge to Executive Order 13942, which was directed at video-sharing mobile application TikTok and took measures under the International Emergency Economic Powers Act (IEEPA) with respect to the information and communications technology and services supply chain.

    U.S. WeChat Users Alliance v. Trump (N.D. Cal.): supervised defense against challenge to Executive Order 13943, which was directed at mobile application WeChat and took measures under the International Emergency Economic Powers Act (IEEPA) with respect to the information and communications technology and services supply chain.

    American Association of Political Consultants v. SBA (D.D.C.): argued successful defense against challenge to SBA regulation excluding businesses engaged primarily in political and lobbying activities from Paycheck Protection Program Loans.

    CREW v. Office of Special Counsel (D.D.C.): represented the Office of Special Counsel in successful defense in a lawsuit challenging the Special Counsel's decision to refer complaints of alleged violations of the Hatch Act by a senior White House official to the President rather than Merit Systems Protection Board.