David Fauvre is a litigator and counselor with a varied practice that includes complex commercial litigation, white-collar criminal defense matters, and business, political law, and communications counseling.

Mr. Fauvre has experience representing companies and individuals in criminal investigations and state attorney general actions, and litigating qui tam actions under the False Claims Act, antitrust cases, securities fraud actions, commercial disputes including breach of contract and breach of fiduciary duty claims, and complex multidistrict and appellate matters. Mr. Fauvre conducts internal investigations arising out of government enforcement actions and has experience representing clients in federal grand jury proceedings, congressional investigations and other agency enforcement actions.

Mr. Fauvre also provides advice to growth companies on business law matters including ownership disputes, contracts, and business formation issues. Mr. Fauvre practices political law, advising companies and coalitions on election law and lobbying compliance issues and advising on federal legislation and rulemaking proceedings.

Mr. Fauvre has represented senior- and cabinet-level former government officials and authors in disputes regarding intellectual property rights and in obtaining and negotiating publishing contracts.In 2009, Mr. Fauvre served as volunteer counsel to the Obama/Biden Transition Project, in which capacity he drafted executive orders and presidential memoranda and advised members of the Energy and Environment Policy Working Group.

From August 2006 until March 2007, Mr. Fauvre served as Arnold & Porter LLP's loaned associate with The Legal Aid Society of the District of Columbia, where he represented clients in DC Superior Court and before the DC Housing Authority. In these matters, Mr. Fauvre regularly conducted evidentiary hearings, argued motions, negotiated settlements, and conducted administrative trials and appeals. He served as the associate representative to the Management Committee of the firm from 2008-2009.

Mr. Fauvre graduated, cum laude, from Georgetown University Law Center in 2003, where he served as president of the Georgetown Chapter of the American Constitution Society. While in law school, he led the drafting and filing of an amicus curiae brief with the United States Supreme Court in Grutter v. Bollinger on behalf of 13,922 law students in favor of diversity in higher education.

Experience

  • Represented pharmaceutical companies in qui tam suits under the False Claims Act, successfully obtaining dismissal of federal claims alleging off-label promotion and illegal kickbacks. See United States ex rel. Banigan v. Organon USA Inc., 883 F. Supp. 2d 277, 281 (D. Mass. 2012).
  • Represented the Federal Housing Finance Agency as Conservator of Fannie Mae and Freddie Mac in litigation regarding the federal HAMP program, see Williams v. Timothy F. Geithner, 2009 WL 3757380 (D. Minn. Nov. 9, 2009), and in multidistrict litigation regarding mortgage foreclosures in In re Mortgage Electronic Registration Systems (MERS) Litigation, Civ. Action No. 09-2119-JAT (D. Ariz.).
  • Represented former cabinet official in dispute regarding the use of the official's likeness and writings in a motion picture.
  • Served as counsel to Marylanders for Marriage Equality, a ballot issue committee in Maryland.
  • Filed amicus curiae brief on behalf of Pharmaceutical Research and Manufacturers of America and Biotechnology Industry Organization in False Claims Act case raising novel government theory of anti-kickback liability, United States ex rel. Lisitza and Kammerer v. Johnson & Johnson, et al., Civ. Action Nos. 07-10288, 05-11518 (D. Mass.).
  • Represents pharmaceutical manufacturer in government investigation regarding alleged off-label product marketing.
  • Represented plaintiff lender in a loan guaranty action, successfully striking all counterclaims of defendant prior to resolution. See HCRI TRS Acquirer, LLC v. Iwer, 708 F.Supp.2d 687 (N.D. Ohio 2010).
  • Represented Endo Pharmaceuticals Inc. in state attorney general actions and multidistrict pharmaceutical pricing litigation. See In re Pharmaceutical Industry Average Wholesale Price Litigation, Civ. Action No. 01- 12257 (D. Mass.).
  • Successfully obtained six-figure settlement for building tenant in claim for constructive eviction.

Perspectives

Overcoming Obstacles to Banking Virtual Currency Businesses (pdf)
Coin Center Report
Extrapolating Liability Under the False Claims Act

Blooberg BNA's Health Care Fraud Report.

New York State Adopts "BitLicenses" and Comprehensive Rules for Virtual Currency Firms
Arnold & Porter Advisory
Virtual Currencies: FinCEN's Next Enforcement Wave?

Banking Law360. Also ran in Public Policy Law360, Retail & E-Commerce Law360, Securities Law360 and White Collar Law360.

Virtual Currencies: FinCEN's Next Enforcement Wave?
Arnold & Porter Advisory
More

Recognition

Washington, DC Super Lawyers
"Rising Star" (2013-2016)

Credentials

Education
  • JD, Georgetown University Law Center, 2003, cum laude
  • BA, Brown University, 1998
Admissions
  • District of Columbia
Activities
  • DC Lawyers' Chapter of the American Constitution Society for Law and Policy

  • Co-Chair, Litigation Section of the DC Bar

  • Board of Trustees, National Child Research Center

Overview

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