A nationally recognized litigator and counselor with more than thirty years' experience, David Ogden focuses his practice on complex disputes with serious financial implications. He served as the Deputy Attorney General of the United States from 2009 to 2010 and as Assistant Attorney General for the Civil Division, United States Department of Justice, from 1999 to 2001. Mr. Ogden is chair of the firm's Government and Regulatory Litigation Group.
Principal areas of practice include:
civil litigation and government enforcement actions under regulatory regimes such as the False Claims Act, fair lending and other anti-discrimination laws, the antitrust or competition laws, securities laws, fraud, consumer protection, financial services, and environmental laws;
matters raising issues of public and private international law, such as transnational litigation in US courts, transnational regulation and enforcement, investor-state disputes, enforcement of foreign judgments, injunctions against foreign litigation, and controversies outside the United States;
administrative law and other litigation involving defects in government regulations or other official actions;
litigation to restrain the enforcement of federal or state statutes, including first amendment, federal preemption, Commerce Clause, equal protection, due process, and expropriation issues;
development and advocacy of policy reforms relating to litigation and enforcement issues; and
Supreme Court and appellate litigation.
Mr. Ogden is consistently highly ranked by leading publications such as Chambers USA, which describes him as a “fabulous litigator” with extensive experience in both civil and criminal litigation. Clients say he "gets right to the heart of a point and at the same time can see the whole picture and look for areas of legal risk." Best Lawyers in America in its 2017 edition rated him first among all regulatory enforcement litigators in Washington DC, naming him its “Lawyer of the Year" in that category. Additionally, U.S. News - Best Lawyers reported in its 2016 “Best Law Firms” rankings that Mr. Ogden “is both a great litigator and a great counselor. He understands that litigation is a tool and not an end in itself. He is highly strategic, great at seeing around corners, and a pleasure to work with to boot.” In 2017, Mr. Ogden was named an Acritas Star Lawyer following an independent survey of general counsel and other legal executives who commented that "he is a brilliant lawyer who sees strategic issues very clearly and has always tried to keep an eye on practicalities in litigation and complex matters.” He is also a recognized authority on corporate compliance issues and enforcement, serving presently as the corporate monitor to a national health care company, on the Board of the Ethics and Compliance Initiative, and recognized as an “Attorney Who Matters” by Ethisphere Magazine.
His clients have included leading companies in the pharmaceutical, petrochemical, technology, retail, insurance, defense, financial, manufacturing, airline, automotive, rail, media, entertainment, and government services industries, as well as major trade and professional associations, nonprofit foundations, and individuals.
Earlier, Mr. Ogden served as the Assistant Attorney General for the Civil Division (1999-2001), where he directed the Justice Department's largest litigating unit representing federal agencies and officials in major civil litigation, including the government's largest regulatory, constitutional, international, national security, administrative, government contract, commercial, fraud and false claims, tort, immigration, and consumer matters. He also served as Chief of Staff and Counselor to former Attorney General Janet Reno (1997-1999), Associate Deputy Attorney General (1995-1997), and Deputy General Counsel and Legal Counsel at the United States Department of Defense (1994-1995).
Public Member, Administrative Conference of the United States, 2010-2016
Senior Fellow, Administrative Conference of the United States, 2016-present
Board Member, District of Columbia Bar Foundation, 2015-present
Member, Janet Reno Endowment National Advisory Committee, McCourt School of Public Policy, Georgetown University, 2016-present
JD, Harvard Law School; BA, University of Pennsylvania.