David Frederick
Encyclopedia
David Frederick is an appellate attorney in Washington, D.C.
, and is a partner with Kellogg, Huber, Hansen, Todd, Evans & Figel, P.L.L.C.
. Frederick completed a PhD from Oxford University in 1987 as a Rhodes Scholar. In 1989, Frederick earned a Juris Doctorate from the University of Texas School of Law
in Austin, where he also served as Articles Editor for the Texas Law Review
.
and Justice Byron R. White of the U.S. Supreme Court. In 1995, he was named Counselor to the Inspector General. One year later, he became the Assistant to the Solicitor General, a position he held until 2001. During his time with the Solicitor General's Office he earned the Department of Justice Inspector General’s Award for Exceptional Service, the Attorney General’s Distinguished Service Award and the Coast Guard Medal for Distinguished Public Service.
Frederick has argued thirty cases in the Supreme Court of the United States
, including nine in the past three Terms. Recent arguments include: Wyeth v. Levine
, South Carolina v. North Carolina, Altria v. Good
, New Jersey v. Delaware
, Watson v. Philip Morris, Powerex Corp. v. Reliant Energy Services, Kircher v. Putnam Funds, Anza v. Ideal Steel, Merrill Lynch v. Dabit, Lincoln Property Company v. Roche, Spector v. Norwegian Cruise Line Ltd.
and Bates v. Dow Agrosciences LLC
.
Frederick's victories often strengthen plaintiff and consumer interests. Throughout his career, he has demonstrated an ability to persuade conservative justices to take pro-consumer positions.
In Wyeth vs. Levine
(6-3), Frederick helped to convince Justices Stevens, Ginsburg, Kennedy, Souter and Thomas that federal approval of labels which provide warnings about side effects of drugs does not bar lawsuits claiming inadequate warnings of a health risk in state law. In the case, Diana Levine sued Wyeth for failing to warn patients that the drug Phenergan could cause gangrene when administered using direct IV injection. The verdict, which overturned a ruling by the Vermont Supreme Court, was a victory for Levine and for victims who could continue bringing their cases to state courts.
In Jones vs. Harris (9-0), Frederick helped to lead the Court to a unanimous decision in favor of investors, reversing a circuit court decision by Judge Frank Easterbrook. The plaintiffs had sued over exorbitant fees charged by mutual fund investment advisers.
And in his most recent victory, Merck vs. Reynolds, Frederick argued against the application of a statute of limitations for securities fraud cases when the investors lacked direct evidence of fraud. In this particular case, shareholders sued Merck after the value of $10 billion dollar Vioxx tanked due to concerns about dangerous side effects arguing that Merck withheld information about the dangers of the drug. Merck attempted to impose a statute of limitations, which would have ended before the shareholders knew of the drug's dangers but Frederick argued that the statute of limitations should not begin until the plaintiff has enough facts to survive a motion to dismiss.
Other noteworthy cases argued include: Idaho v. United States, United States v. Locke, Carter v. United States, and California v. Deep Sea Research. In 2001, he represented the United States in oral arguments before the U.S. Court of Appeals for the D.C. Circuit in United States v. Microsoft
Corporation. He has argued cases in eleven of the thirteen U.S. Courts of Appeals.
Frederick also represented the Mid-Atlantic Sports Network (MASN) during negotiations with Comcast
to bring the Washington Nationals
and Baltimore Orioles
to Comcast's programming lineup in the Washington D.C. area. Frederick also represented MASN through three successful Federal Communications Commission
(FCC) arbitration rulings against Time Warner Cable
.
Frederick was part of the Obama
-Biden
Legal Policy Team and was rumored to be on President Obama's short list for Solicitor General
.
Supreme Court and Appellate Advocacy (West, 2003)
The Art of Oral Advocacy (West, 2003)
Rugged Justice: The Ninth Circuit Court of Appeals and the American West, 1891-1941 (Berkeley: University of California Press, 1994)
A Brief-Writer's Sourcebook of Supreme Court Jurisprudence (coedited with Stephen J. Marzen, Shearman & Sterling
, 1994)
Washington, D.C.
Washington, D.C., formally the District of Columbia and commonly referred to as Washington, "the District", or simply D.C., is the capital of the United States. On July 16, 1790, the United States Congress approved the creation of a permanent national capital as permitted by the U.S. Constitution....
, and is a partner with Kellogg, Huber, Hansen, Todd, Evans & Figel, P.L.L.C.
Education and legal training
Frederick earned a bachelor's degree in 1983 from the University of PittsburghUniversity of Pittsburgh
The University of Pittsburgh, commonly referred to as Pitt, is a state-related research university located in Pittsburgh, Pennsylvania, United States. Founded as Pittsburgh Academy in 1787 on what was then the American frontier, Pitt is one of the oldest continuously chartered institutions of...
. Frederick completed a PhD from Oxford University in 1987 as a Rhodes Scholar. In 1989, Frederick earned a Juris Doctorate from the University of Texas School of Law
University of Texas School of Law
The University of Texas School of Law, also known as UT Law, is an ABA-certified American law school located on the University of Texas at Austin campus. The law school has been in operation since the founding of the University in 1883. It was one of only two schools at the University when it was...
in Austin, where he also served as Articles Editor for the Texas Law Review
Texas Law Review
The Texas Law Review is a student-edited and produced law review published by the University of Texas School of Law . It publishes 7 issues per academic year, ranks number 11 on Washington & Lee University's list, and ranks number 4 in Mikhail Koulikov's rankings of law reviews by social impact...
.
Professional career
After law school, Frederick clerked for Judge Joseph T. Sneed of the United States Court of Appeals for the Ninth CircuitUnited States Court of Appeals for the Ninth Circuit
The United States Court of Appeals for the Ninth Circuit is a U.S. federal court with appellate jurisdiction over the district courts in the following districts:* District of Alaska* District of Arizona...
and Justice Byron R. White of the U.S. Supreme Court. In 1995, he was named Counselor to the Inspector General. One year later, he became the Assistant to the Solicitor General, a position he held until 2001. During his time with the Solicitor General's Office he earned the Department of Justice Inspector General’s Award for Exceptional Service, the Attorney General’s Distinguished Service Award and the Coast Guard Medal for Distinguished Public Service.
Frederick has argued thirty cases in the Supreme Court of the United States
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
, including nine in the past three Terms. Recent arguments include: Wyeth v. Levine
Wyeth v. Levine
Wyeth v. Levine, 555 U.S. 555 , is a United States Supreme Court case holding that Federal regulatory approval of a medication does not shield the manufacturer from liability under state law.-Vermont jury trial:...
, South Carolina v. North Carolina, Altria v. Good
Altria Group v. Good
In Altria Group v. Good, 555 U.S. 70 , the United States Supreme Court held that a state law prohibiting deceptive tobacco advertising was not preempted by a federal law regulating cigarette advertising.-Facts:...
, New Jersey v. Delaware
New Jersey v. Delaware
New Jersey v. Delaware, 552 U.S. 597 , is a United States Supreme Court case in which New Jersey sued Delaware, invoking the Supreme Court's original jurisdiction under , following Delaware's denial of oil company BP's petition to build a liquefied natural gas pipeline and loading facility on the...
, Watson v. Philip Morris, Powerex Corp. v. Reliant Energy Services, Kircher v. Putnam Funds, Anza v. Ideal Steel, Merrill Lynch v. Dabit, Lincoln Property Company v. Roche, Spector v. Norwegian Cruise Line Ltd.
Spector v. Norwegian Cruise Line Ltd.
Spector v. Norwegian Cruise Line Ltd., 545 U.S. 119 , was a United States Supreme Court decision that determined that the Americans with Disabilities Act applies to foreign cruise ships in American waters...
and Bates v. Dow Agrosciences LLC
Bates v. Dow Agrosciences LLC
Bates v. Dow Agrosciences LLC was a case before the United States Supreme Court.-Facts:Dow's Strongarm pesticide damaged the crop of a group of Texas peanut farmers...
.
Frederick's victories often strengthen plaintiff and consumer interests. Throughout his career, he has demonstrated an ability to persuade conservative justices to take pro-consumer positions.
In Wyeth vs. Levine
Wyeth v. Levine
Wyeth v. Levine, 555 U.S. 555 , is a United States Supreme Court case holding that Federal regulatory approval of a medication does not shield the manufacturer from liability under state law.-Vermont jury trial:...
(6-3), Frederick helped to convince Justices Stevens, Ginsburg, Kennedy, Souter and Thomas that federal approval of labels which provide warnings about side effects of drugs does not bar lawsuits claiming inadequate warnings of a health risk in state law. In the case, Diana Levine sued Wyeth for failing to warn patients that the drug Phenergan could cause gangrene when administered using direct IV injection. The verdict, which overturned a ruling by the Vermont Supreme Court, was a victory for Levine and for victims who could continue bringing their cases to state courts.
In Jones vs. Harris (9-0), Frederick helped to lead the Court to a unanimous decision in favor of investors, reversing a circuit court decision by Judge Frank Easterbrook. The plaintiffs had sued over exorbitant fees charged by mutual fund investment advisers.
And in his most recent victory, Merck vs. Reynolds, Frederick argued against the application of a statute of limitations for securities fraud cases when the investors lacked direct evidence of fraud. In this particular case, shareholders sued Merck after the value of $10 billion dollar Vioxx tanked due to concerns about dangerous side effects arguing that Merck withheld information about the dangers of the drug. Merck attempted to impose a statute of limitations, which would have ended before the shareholders knew of the drug's dangers but Frederick argued that the statute of limitations should not begin until the plaintiff has enough facts to survive a motion to dismiss.
Other noteworthy cases argued include: Idaho v. United States, United States v. Locke, Carter v. United States, and California v. Deep Sea Research. In 2001, he represented the United States in oral arguments before the U.S. Court of Appeals for the D.C. Circuit in United States v. Microsoft
United States v. Microsoft
United States v. Microsoft was a set of civil actions filed against Microsoft Corporation pursuant to the Sherman Antitrust Act of 1890 Section 1 and 2 on May 8, 1998 by the United States Department of Justice and 20 U.S. states. Joel I. Klein was the lead prosecutor...
Corporation. He has argued cases in eleven of the thirteen U.S. Courts of Appeals.
Frederick also represented the Mid-Atlantic Sports Network (MASN) during negotiations with Comcast
Comcast
Comcast Corporation is the largest cable operator, home Internet service provider, and fourth largest home telephone service provider in the United States, providing cable television, broadband Internet, and telephone service to both residential and commercial customers in 39 states and the...
to bring the Washington Nationals
Washington Nationals
The Washington Nationals are a professional baseball team based in Washington, D.C. The Nationals are a member of the Eastern Division of the National League of Major League Baseball . The team moved into the newly built Nationals Park in 2008, after playing their first three seasons in RFK Stadium...
and Baltimore Orioles
Baltimore Orioles
The Baltimore Orioles are a professional baseball team based in Baltimore, Maryland in the United States. They are a member of the Eastern Division of Major League Baseball's American League. One of the American League's eight charter franchises in 1901, it spent its first year as a major league...
to Comcast's programming lineup in the Washington D.C. area. Frederick also represented MASN through three successful Federal Communications Commission
Federal Communications Commission
The Federal Communications Commission is an independent agency of the United States government, created, Congressional statute , and with the majority of its commissioners appointed by the current President. The FCC works towards six goals in the areas of broadband, competition, the spectrum, the...
(FCC) arbitration rulings against Time Warner Cable
Time Warner Cable
Time Warner Cable is an American cable television company that operates in 28 states and has 31 operating divisions...
.
Frederick was part of the Obama
Barack Obama
Barack Hussein Obama II is the 44th and current President of the United States. He is the first African American to hold the office. Obama previously served as a United States Senator from Illinois, from January 2005 until he resigned following his victory in the 2008 presidential election.Born in...
-Biden
Joe Biden
Joseph Robinette "Joe" Biden, Jr. is the 47th and current Vice President of the United States, serving under President Barack Obama...
Legal Policy Team and was rumored to be on President Obama's short list for Solicitor General
United States Solicitor General
The United States Solicitor General is the person appointed to represent the federal government of the United States before the Supreme Court of the United States. The current Solicitor General, Donald B. Verrilli, Jr. was confirmed by the United States Senate on June 6, 2011 and sworn in on June...
.
Publications
Frederick is the author of dozens of legal articles and four books:Supreme Court and Appellate Advocacy (West, 2003)
The Art of Oral Advocacy (West, 2003)
Rugged Justice: The Ninth Circuit Court of Appeals and the American West, 1891-1941 (Berkeley: University of California Press, 1994)
A Brief-Writer's Sourcebook of Supreme Court Jurisprudence (coedited with Stephen J. Marzen, Shearman & Sterling
Shearman & Sterling
Shearman & Sterling LLP is a law firm headquartered in New York City with 20 offices located in major financial centers around the world founded in 1873. It is well known for both its litigation and transactional capabilities, especially in International Arbitration, Capital Markets, Finance, and...
, 1994)