david.ross@wilsonelser.com

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David Ross chairs Wilson Elser’s Class Action Defense Practice and co-chairs the firm’s Commercial Litigation Practice and Cyber Class Action Defense Practice. He represents clients in all aspects of complex civil litigation before federal and state courts and in alternative dispute forums. David has advised clients in advance of and while defending individual and class actions involving cybersecurity, product liability issues such as defective vehicles, improperly labeled food products, medical testing, and improper packaging, and class actions involving privacy, consumer protection, and improper care. Within his cybersecurity and data breach practice, he advises businesses, individuals, and insurers on early privacy and data breach litigation planning, defense and resolution strategies, and comprehensive litigation management, representing defendants in data breach class actions in state and federal courts nationwide.

Areas of Focus

Commercial Litigation, Class and Mass Actions
In his class and mass action practice, David works with clients in early resolution planning, dispositive motion and discovery strategies, and administration of the litigation throughout the entire case process. He works across disciplines to counter the complex claims that increasingly characterize class and mass actions, in many cases obtaining early dismissals of the named plaintiffs or defeating motions for class certification. In addition, David conducts alternative dispute resolution advocacy for clients and advises them throughout any class settlement and claims processes.

David also conducts continuing education and informational presentations on class actions for Wilson Elser, clients, and other groups.

Cybersecurity & Data Breach Class Actions
David works with businesses, individuals, and insurers to provide early privacy and data breach litigation planning, early resolution, individual and class settlement or defense strategies, and comprehensive litigation management. He has represented defendants in data breach class actions in state and federal courts in jurisdictions throughout the nation, teaming with colleagues in Wilson Elser’s regional offices to provide timely, effective responses. David and his team have pursued dispositive motion practice in numerous cases, resulting in beneficial precedent, including in issues of first impression. He has steered cases throughout the data breach class action process and, when appropriate, successfully negotiated the resolution of class actions in the best interests of the client.

    Education

    • George Washington University (J.D., with honors, 1997)
      • Order of the Coif
      • Moot Court Board
      • Journal of International Law and Economics
    • McDaniel College (B.A., cum laude, 1990)
      • Phi Beta Kappa Honors Society
      • Phi Alpha Theta Honors Society
      • Pi Gamma Mu Honors Society
      • Academic All-American

    Bar Admissions

    • District of Columbia
    • Maryland
    • Virginia

    Court Admissions

    • U.S. Court of Appeals, Fourth Circuit
    • U.S. Court of Appeals, Tenth Circuit
    • U.S. Court of Appeals, District of Columbia Circuit
    • U.S. District Court, District of Colorado
    • U.S. District Court, District of Columbia
    • U.S. District Court, District of Maryland
    • U.S. District Court, Northern District of New York
    • U.S. District Court, Eastern District of Virginia
    • U.S. District Court, Western District of Virginia

David M. Ross

David Ross chairs Wilson Elser’s Class Action Defense Practice and co-chairs the firm’s Commercial Litigation Practice and Cyber Class Action Defense Practice. He represents clients in all aspects of complex civil litigation before federal and state courts and in alternative dispute forums. David has advised clients in advance of and while defending individual and class actions involving cybersecurity, product liability issues such as defective vehicles, improperly labeled food products, medical testing, and improper packaging, and class actions involving privacy, consumer protection, and improper care. Within his cybersecurity and data breach practice, he advises businesses, individuals, and insurers on early privacy and data breach litigation planning, defense and resolution strategies, and comprehensive litigation management, representing defendants in data breach class actions in state and federal courts nationwide.

Events

David Ross chairs Wilson Elser’s Class Action Defense Practice and co-chairs the firm’s Commercial Litigation Practice and Cyber Class Action Defense Practice. He represents clients in all aspects of complex civil litigation before federal and state courts and in alternative dispute forums. David has advised clients in advance of and while defending individual and class actions involving cybersecurity, product liability issues such as defective vehicles, improperly labeled food products, medical testing, and improper packaging, and class actions involving privacy, consumer protection, and improper care. Within his cybersecurity and data breach practice, he advises businesses, individuals, and insurers on early privacy and data breach litigation planning, defense and resolution strategies, and comprehensive litigation management, representing defendants in data breach class actions in state and federal courts nationwide.

David M. Ross

D.C. Class Action Team Prevails on Motion for Reconsideration: Court Concedes It Committed Clear Error in Certifying a Class Action

Washington, D.C. partners David Ross and Kevin P. Farrell and associate Daniel Coffman secured a rare acknowledgement from the District of Columbia Superior Court, which conceded it committed a clear error in previously certifying a class in a case related to vehicle repossession practices. The court had found that proposed class members suffered similar injuries based on an alleged practice of overcharging for repossession and vehicle storage and other actions taken after a customer’s default. Wilson Elser filed a motion contending that the court did not address issues presented in its Opposition to Class Certification. The court agreed, finding that a class cannot be certified for several reasons: (1) plaintiff lacks standing because her claims are based entirely on past conduct; (2) plaintiff cannot serve as class representative or a member of a class because her claims are time-barred; (3) arbitration and class waiver clauses in the plaintiff’s and proposed class member’s contracts preclude class certification; and (4) the court’s sua sponte reliance on a municipal regulation was misplaced. 

David M. Ross, Kevin P. Farrell and Daniel R. Coffman

Class Action Complaint

Coffman, Das, Ross, Viergever and Williams Defeat Federal Data Breach Class Action

Daniel Coffman (Associate-Washington, DC), Anjali Das (Partner-Chicago, IL), David Ross (Partner-Washington, DC), Kim Viergever (Of Counsel-Denver, CO) and Ryan Williams (Partner-Denver, CO) obtained dismissal with prejudice of a federal data breach class action filed against a services vendor for mental health care providers in the District of Colorado. The case comprised eight consolidated class actions brought by 15 named plaintiffs that arose out of a ransomware incident that involved the personal information of almost 4.3 million individuals and included sensitive information such as health information and Social Security numbers. The court agreed that all of the named plaintiffs lack Article III standing, dissecting each of their alleged theories of harm and coming down on the side of the more reasoned courts that have found these types of theories fail to establish standing – public disclosure of private information, increased spam, diminution in value of PHI/PII, emotional distress and future harm. The court concluded that “Plaintiffs have failed to allege injuries in fact that are fairly traceable to the Defendants’ complained-of conduct,” and issued a judgment dismissing the plaintiffs’ claims with prejudice and closing the case. 

Daniel R. Coffman, Anjali C. Das, David M. Ross, Kimberly Viergever and Ryan A. Williams

Cybersecurity Class Action
Privacy Settings