David Morrell is an experienced litigator and former senior Justice Department official whose practice focuses on high-stakes government-involved litigation, including in the areas of consumer protection and international trade. David has handled consumer protection matters involving data privacy, state and federal wiretap laws, and the Federal Trade Commission Act (FTC Act). David also advises on customs and tariff matters involving Customs and Border Protection (CBP) and handles antidumping and countervailing duty (AC/CVD) litigation before the U.S. International Trade Commission (ITC) and the U.S. Department of Commerce (DOC).
Previously, David oversaw the U.S. Department of Justice's (DOJ) Consumer Protection Branch, which enforces the Food, Drug, and Cosmetic Act (FDCA), the FTC Act, and other laws relating to consumer and health care fraud. David later ran DOJ's Federal Programs Branch, which defends against regulatory challenges to significant government policies and programs in federal district court.
Before DOJ, David served at the White House, where he advised senior Administration officials on a wide range of international trade issues, including the new United States-Mexico-Canada Agreement (USMCA) and tariff actions under Section 301 of the Trade Act of 1974 and other trade remedy laws. In this role, David worked closely with the United States Trade Representative (USTR) and other senior U.S. trade officials.
David's practice builds on his previous tenure at the Firm, during which he represented clients in complex trial and appellate litigation matters. David has argued numerous cases in federal courts across the country, including in 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.
Fifth Circuit Holds District Court Has Jurisdiction to Hear Constitutional Challenge to SEC Administrative Law Judges
Biden Administration Executive Order Would Expand Regulatory Intervention in Markets Across the Economy
- 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)