David M. Ross Partner




David Ross represents clients in all aspects of complex civil litigation before federal and state courts and alternative dispute forums. He also represents clients in internal investigations and government investigations, including responding to investigative requests and interviews and depositions. Prior to joining Wilson Elser, David obtained a significant amount of experience in handling white-collar and securities litigation. Additionally, he has litigated various matters for a number of insurance groups and represented them in coverage disputes with their policyholders.

When evaluating cases, David can quickly grasp the most likely offensive and defensive options, giving him an edge in selecting a successful strategy. His case management skills and insight into the real-world impacts of the choices he makes gain him the trust and respect of his clients and colleagues alike.

Pro Bono Activities
David has served in court-appointed representations of non-violent criminal defendants in Fairfax County, VA, as well as several family law and landlord/tenant representations in Washington, D.C. He also represented members of the D.C. Council in federal litigation concerning the privatization of D.C. General Hospital, and he has served as an election attorney for one of the two major political parties during federal elections in Virginia.

Areas of Focus

Commercial Litigation, Class Action & White Collar Defense
David’s practice has focused on representing companies and their officers and directors in class actions, business torts, contract disputes, investigations and insurance litigation. One specialty involves all aspects of discovery on behalf of clients. David’s practice has also included white collar criminal defense, compliance and insurance coverage litigation. He has worked with clients to design and implement compliance and governance programs, conduct internal investigations and prepare a comprehensive defense and strategy in response to investigations by government regulators, state and federal prosecutors, and civil litigants. He has also acted as outside counsel to an insurance company in numerous coverage disputes with its policyholders.

Investigations & E-Discovery
David has propounded and responded to many discovery- and other litigation-related efforts, including third-party subpoenas and Freedom of Information Act and Privacy Act requests. He has overseen numerous electronic and paper document collection projects and productions, privilege logs, personnel interviews and depositions, and online and paper document reviews. In connection with personnel interviews and data and document collection, analysis and production efforts, David frequently acts as a coordinator and liaison with client contacts, litigation and paralegal support, forensic imaging and analysis personnel, third-party vendors, and contract attorneys.

Representative Matters

Represented financing company in class actions involving notices sent to customers.

Represented insurance companies in internal investigations and responses to subpoenas and government inquiries of finite risk insurance and reinsurance, contingent commission agreements, bid rigging, tying arrangements and other areas

Represented a Fortune 100 company’s Special Committee of the Board of Directors in an internal investigation in anticipation of a derivative action.

Represented an insurance company in a nationwide class action alleging fraud in the sale and marketing of insurance.

Represented a group of affiliated companies in an internal investigation and SEC investigation of market timing and late trading.

Represented a financial services company in an internal investigation of mail and wire fraud and parallel investigations by the SEC, the U.S. Attorney’s Office and the FBI.

Represented members of the D.C. Council in litigation concerning the privatization of D.C. General Hospital.

Discovery-Related Matters
Coordination of electronic discovery preservation, collection and production in the context of class action and other litigation and government investigations.

Oversight of data and document collection and production efforts on behalf of companies responding to private litigation and government investigations.

Creation of a comprehensive discovery plan for companies in securities class action lawsuits.

Implementation of data and document collection and retention protocols for companies facing private and governmental investigations and litigation.

Design and implementation of data and document repositories and creation of search terms and date and custodian parameters for investigation, litigation and production purposes.

Oversight of forensic imaging of company and personnel electronic assets in connection with internal and government investigations and private litigation.
Proposing and securing relief from document retention protocols for a company facing governmental investigations.

Interviews of current and former company personnel for information, data and document collection purposes.