David M. Ross Partner




David Ross has worked with clients to prepare and implement a comprehensive defense strategy in response to state and nationwide class actions and mass actions, commercial litigation, or other complex litigation or demands. 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. He also has worked on recall procedures and served as the NHTSA-approved auditor for a manufacturer as part of a resolution with the government.

Areas of Focus

Commercial Litigation, Class and Mass Actions
David co-chairs the firm’s Commercial Litigation and Class Action Defense practice teams. 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. Representative cases involve data breaches, consumer protection structures, product liability, internet conduct, fraud, employment discrimination, and other labor offenses, statutory claims and common law claims. David 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 clients throughout any class settlement and claims processes. David also conducts continuing education and informational presentations on class actions for the law firm, clients and other groups. In addition, David’s practice has included white collar defense, compliance and insurance coverage litigation.

Cybersecurity & Data Breach Class Actions
David works with businesses, individuals and insurers to provide early privacy and data breach litigation planning, individual and class settlement or defense strategies, and comprehensive litigation management. David 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 a timely and effective response to these actions. David and his team have pursued dispositive motion practice in numerous cases, resulting in beneficial precedent, including in issues of first impression. David 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.

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. Keeping abreast of the proliferation of electronic documents and the accompanying laws and requirements surrounding them, David has overseen numerous electronic and paper document collection projects and productions, privilege logs, personnel interviews and depositions, and online and paper document reviews.

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.

Product Liability
Represented vehicle manufacturing companies in class and individual actions alleging defective recreational and motor vehicles.

Represented a health care company in a class action alleging the improper medical testing of employees.

Represented a manufacturer and retailer in a class action alleging food products were improperly labeled.

Represented a vehicle manufacturing company in a government and corporate investigation involving product recalls, and served as the NHTSA-approved auditor for resolution with the government.

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.