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

  • 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.
  • Abbott defends against Ven-A-Care's accusation of alleged Medicare fraudJones Day represented Abbott Laboratories in an action brought by Ven-A-Care of the Florida Keys, alleging that Abbott violated the False Claims Act by submitting inflated prices, including AWPs and Wholesale Acquisition Costs, on many of its oral Erythromycin drugs and by causing states and the United States to make inflated Medicaid payments.
  • Challenged U.S. Army Physical Evaluation Board's factual findings and diagnoses understating the extent of our client's injuries sustained in Iraq, results in medical care for the rest of his lifeDavid Torborg and Naveen Rao of Jones Day Washington, and Thomas Moore of the National Veterans Legal Services Program, successfully challenged a decision by the U.S. Army Physical Evaluation Board (PEB) on behalf of Client H of the Texas National Guard.
  • 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?
    We use cookies to deliver our online services. Details of the cookies and other tracking technologies we use and instructions on how to disable them are set out in our Cookies Policy. By using this website you consent to our use of cookies.