David S.Torborg (Dave)

Partner

Washington + 1.202.879.5562

Dave Torborg has more than 20 years of experience representing clients in high-stakes disputes, focusing on financial disputes, distressed company litigation, health care, corporate and government investigations, and defending claims brought under whistleblower statutes. Dave has represented health care providers, pharmaceutical and consumer products manufacturers, creditor groups and private equity funds, litigation trusts, and political campaigns, among others.

Dave has played leading roles in numerous trials and arbitrations, taken and defended hundreds of depositions, argued numerous dispositive motions, and worked with a wide range of expert witnesses. Recent distressed company engagements include Hot Topic, Nine West, Paragon, Bestwall, Catalina Marketing, General Wireless, Puerto Rico, and Caesars Entertainment Operating Company. Recent health care engagements include representing UPMC in opposing efforts by the Pennsylvania Attorney General to modify and extend a consent decree and assisting Saint Luke's Health System in dissolving a joint venture relating to micro hospitals.

Dave has given presentations on a variety of topics, including the use of experts, liability insurance, conducting depositions and interviews, and managing issues of e-discovery and global data privacy rules. His article, "The Dark Side of the Boom: The Peculiar Dilemma of Government Spoliation in Modern False Claims Act Litigation," was published in the Cleveland-Marshall College of Law Journal of Law and Health, Volume 26, Issue 2 (2013).

Dave maintains an active pro bono practice, including efforts to obtain Section 8 housing vouchers for homeless families and increase disability ratings for veterans. He also supervises the Firm's work at the Landlord Tenant Resource Center in Washington, D.C.

Experience

  • LTL Management, a Johnson & Johnson affiliate, files for chapter 11 to equitably and permanently resolve all current and future talc-related claims against itJones Day represents LTL Management LLC in its chapter 11 bankruptcy case filed October 14, 2021 in the Western District of North Carolina. Dave had principal responsibility for the Debtor's successful briefing in opposition to the motions to dismiss the chapter 11 petition as allegedly filed in bad faith, as well as principal responsibility for the expert work developed and presented by the Debtor in the motion to dismiss proceedings.  
  • Caesars second lien noteholders confirm support for economic terms of consensual chapter 11 planJones Day represents the Official Committee of Second Priority Noteholders ("Second Priority Noteholders") of Caesars Entertainment Operating Company ("CEOC"), the casino operator who filed for bankruptcy in January 2015.
  • Telehealth company expands programming in response to COVID-19 public health crisisJones Day represented a telehealth company in the expansion of their telehealth programming in response to the COVID-19 public health crisis and related health regulatory and contracting matters.
  • UPMC prevails in trial before Commonwealth Court of PennsylvaniaJones Day won a bench trial on behalf of the University of Pittsburgh Medical Center ("UPMC"), one of the nation's preeminent integrated healthcare systems.
  • AHERF Creditors' Committee successfully appeals award of summary judgment in favor of auditor and limits availability of in pari delicto defense in audit-failure casesJones Day represents the Official Committee of Unsecured Creditors of Allegheny Health, Education and Research Foundation ("AHERF"), formerly the largest integrated healthcare delivery system in Pennsylvania, in a suit against AHERF's auditor.
  • Abbott and TAP Pharmaceutical defend against Average Wholesale Price (AWP) litigationJones Day clients Abbott Laboratories and TAP Pharmaceutical Products, along with virtually the entire pharmaceutical industry, have been the subject of civil litigation alleging that drug manufacturers falsely reported the "average wholesale price," or "AWP," for various drugs in order to inflate the reimbursement paid by government and private payors for those drugs.
  • Additional Publications

    • 2013
      Journal of Law and Health, The Dark Side of the Boom: The Peculiar Dilemma of Government Spoliation in Modern False Claims Act Litigation
    • 1998
      Ohio State Law Journal, Design Defect Liability and Prescription Drugs: Who's in Charge?