David W Ogden

Practice Areas

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 has consistently received the highest band ranking by Chambers USA, which in its 2020 publication describes him as "exceptional" and "one of the best lawyers in DC." Chambers USA adds that “[h]e is adept at handling a variety of matters, including major employment and contractual disputes.” An interviewee reports that "[h]e is one of the most careful, thoughtful, creative and strategic thinkers out there." 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 “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.” Mr. Ogden is named an Acritas Star Lawyer following independent surveys 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 recommended in the 2017–2019 editions of The Legal 500 United States with clients reporting that David is an "extraordinary strategist and impactful advocate."

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.

Learn more at: https://www.wilmerhale.com/en/people/david-ogden

Professional Memberships

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

Personal

JD, Harvard Law School, 1981

magna cum laude

BA, University of Pennsylvania, 1976

summa cum laude