David Morrell focuses on international trade and consumer protection in the context of litigation and government investigations. David has experience with matters involving customs and trade, tariffs, data privacy, health care, the Federal Trade Commission Act (FTC Act), the Controlled Substances Act (CSA), and the Food, Drug, and Cosmetic Act (FDCA). David also has recently handled several high-profile matters involving challenges to government action.
Previously, David oversaw the U.S. Department of Justice's (DOJ) Consumer Protection Branch, which enforces laws relating to data privacy, food and drugs, and consumer fraud. In this role, David participated in the largest data privacy settlement in U.S. government history and oversaw investigations in a variety of areas, including data privacy, health care, and pharmaceuticals. David later supervised DOJ's Federal Programs Branch, which defends regulatory challenges to significant government policies and programs in federal district court.
Before DOJ, David served in the White House as Associate Counsel to the President. David advised senior Administration officials — including Cabinet agency heads — on international trade issues, including tariff actions and the new United States-Mexico-Canada Agreement (USMCA).
David's government service built on his previous tenure at the Firm, during which he represented clients in complex trial and appellate litigation matters. He served as a law clerk to Justice Clarence Thomas on the U.S. Supreme Court and to Judge Edith H. Jones on the U.S. Court of Appeals for the Fifth Circuit.
David has argued 10 cases in federal courts across the country, including the U.S. Court of International Trade.
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 Associate 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.
Biden Administration Executive Order Would Expand Regulatory Intervention in Markets Across the Economy
Cybersecurity Executive Order Establishes Framework to Strengthen Cybersecurity Elements of Federal Government Contracts
- Yale University (J.D. 2010; Editor, Yale Law Journal); Hillsdale College (B.A. in History summa cum laude 2007)
- District of Columbia, U.S. Supreme Court, U.S. Courts of Appeals for the Fifth and Sixth Circuits, U.S. Court of International Trade, and U.S. District Courts for the District of Columbia, Northern District of California, District of Minnesota, and District Court of Oregon
- Served with the federal government in the following positions: Deputy Assistant Attorney General, Federal Programs Branch (2020) and Deputy Assistant Attorney General, Consumer Protection Branch (2019-2020), U.S. Department of Justice; Special Assistant and Associate Counsel to the President (2018-2019) and Associate Counsel (2017-2018), The White House
- Justice Clarence Thomas, U.S. Supreme Court (2012-2013); Chief Judge Edith H. Jones, U.S. Court of Appeals, Fifth Circuit (2010-2011)