David M. Cooper

David M. Cooper
Firm: Jones Day
Address: 222 East 41st Street
New York, NY 10017-6702
Phone: (212) 326-3674
Fax: (212) 755-7306
E-mail: Contact Us
Web site: http://www.jonesday.com

Position Areas of Practice Bar Admissions
Education Representative Cases
Lawyer Profile:

David Cooper focuses on appellate litigation and dispositive motions practice. He has argued before the U.S. Court of Appeals for the Second, Seventh, and Ninth Circuits, and has drafted briefs in the U.S. Supreme Court, numerous other appellate courts, and many trial courts. His experience spans many areas of law, including intellectual property, administrative law, constitutional law, toxic torts, and securities. He has worked on matters for clients such as Chevron, Experian, R.J. Reynolds, and Sirius XM.

Recently, David helped draft the winning briefs in Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians v. Patchak, 132 S. Ct. 2199 (2012), which addressed the law of sovereign immunity and the Quiet Title Act, and Credit Bureau Services, Inc. v. Experian Information Solutions, Inc., 828 N.W.2d 147 (Neb. 2013), which clarified Nebraska antitrust law. He also wrote a successful motion for preliminary injunction in Agencies for Children's Therapy Services, Inc. v. N.Y. State Department of Health, 2013 NY Slip Op 30610(U) (Sup. Ct. Nassau Cnty. Feb. 13, 2013), which held that a New York Department of Health regulation violated separation of powers. 

Among the other high-profile matters in which David has been involved are the product liability cases arising out of the Florida Supreme Court's decision in Engle v. Liggett Group, Inc.  In the Engle progeny litigation, David has drafted several successful appeals briefs, including in Philip Morris USA Inc. v. Allen, 2013 WL 1923636 (Fla. App. May 10, 2013), and Castleman v. R.J. Reynolds Tobacco Co., 97 So. 3d 875 (Fla. App. 2012).

Current Employment Position(s):

Areas of Practice:
Issues & Appeals
Bar Admissions:
New York
Stanford Law School, Stanford, California, 2004
Honors: With Distinction
Honors: Nathan Abbott Scholar for Highest GPA in Graduating Class
Honors: Order of the Coif
Honors: Best Team and Best Individual Oral Argument, 2003 Kirkwood Moot Court Competition
Honors: Student Attorney, Stanford Supreme Court Litigation Clinic
Law Review: Stanford Law Review, Executive Editor

Harvard University, 2001
Honors: cum laude
Major: Economics

Representative Cases:
Bombardier Transportation defends charges brought by Disney over Las Vegas Monorail (2009)
EDS resolves consolidated securities fraud action and ERISA class action
Experian defeats putative class action in Second Circuit based on preemption of state law under the FCRA
Greenwich Capital Markets along with other issuers defend CDO litigation brought by M&T Bank (2008)
Saint Alphonsus Regional Medical Center obtains reversal of $36 million jury verdict in Idaho Supreme Court
SOURCECORP securities litigation dismissal upheld by 5th Circuit
Past Employment Positions:
Justice Anthony Kennedy, U.S. Supreme Court, Law Clerk, 2005 - 2006

Judge Merrick Garland, U.S. Court of Appeals, District of Columbia Circuit, Law Clerk, 2004 - 2005

West Practice Categories:
Bankruptcy Litigation, Class Actions, Complex Litigation, Federal Appellate Practice, Federal Claims Court, Federal Trial Practice, International Trade Litigation, Litigation & Appeals, Military & Veterans Appeals, Multidistrict Litigation, Patent Litigation, State Appellate Practice, State Trial Practice, Tax Litigation, US Court of Appeals for the Federal Circuit, US Supreme Court

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