Education
-
Georgetown University Law Center, J.D., 1987
-
New York University, B.A., 1983
Court Admissions
-
District of Columbia Court of Appeals
-
U.S. Court of Appeals for the 1st, 3rd, 4th, 5th, 6th, 9th and 11th Circuits
-
U.S. District Court for the District of Columbia
-
Appellate Division, First Department, New York
Awards and Honors
|
|
| |
David Farber brings together the best of Patton Boggs’ knowledge, combining his experience in both litigation and public policy to solve client needs. Having been trained as a litigator, Mr. Farber maintains a strong complex multiparty litigation practice, including serving as first chair in coverage, commercial, health care and trade secret cases. Midway through his career, Mr. Farber also developed a strong public policy practice, and he today runs several successful trade associations along with executing individual corporate advocacy campaigns principally in the health care and insurance fields.
On the litigation side, Mr. Farber began his career working on environmental and health and safety cases, including complex insurance coverage and trade secret matters. He has tried over 20 cases, ranging from expedited administrative law judge trials to a recent five-day broker malpractice case. He has also litigated dozens of other cases, including False Claims Act and Trade Secret litigations. Mr. Farber has significant strength in emergency and temporary restraining order matters, Rule 23 class action cases and everything in between. He also has significant experience litigating insurance coverage actions.
On the advocacy side, Mr. Farber’s work focuses on the health care and insurance industries. Clients often turn to him as the primary strategist and policy architect for a broad range of matters. Working with the Congress the Executive (with particular focus on the Centers for Medicare & Medicaid Services and Food and Drug Administration) and academia, he has successfully guided clients through the legislative enactment and the regulatory promulgation processes.
Mr. Farber excels at combining innovative legislative advocacy, regulatory change and litigation to help clients achieve solutions. His clients often comment on the unexpected and quick manner in which Mr. Farber is able to resolve disputes and obtain outcomes, using a combination of skills usually found across multiple specialists.
Finally, Mr. Farber has worked on a broad range of other client needs, ranging from service as lead counsel to the Republic of Albania in their historic successful privatization of the national refinery sector, to the representation of an international agricultural biotech foundation that has received the largest Gates grant given to an African entity. Mr. Farber is particularly honored to have represented Secretary Jack Kemp from 1992 through his passing in 2009.
Representative Litigation Matters
- Obtained successful result after five-day trial in broker malpractice litigation involving complex marine and general liability policies. OCI Chemical v. Aon Corporation (Sup.Ct. Ct 2008).
- Enjoined state reimbursement rate reduction on behalf of Medicaid service providers, resulting in $20 million gain for clients and millions more for industry. Long Term Care Pharmacy Alliance v. Ferguson, 260 F.Supp.2d 282 (D. Mass 2003), rev’d on other grounds,362 F.3d 50 (1st Cir. 2004).
- Litigated and successfully resolved trade secret, Lanham Act and misappropriation of business information claims involving recovery of forensic evidence wiped from opposing party’s computer. Winning Connections v. Chism,(D.D.C. 2005). Also prosecuted and defended numerous other trade secret cases to successful settlements, including Movado v. Gucci, (S.Ct. NY 2004); James Hardie v. Demey, (D.S.C. 2003); and Applied Discovery v. Bowne, (D.Wa. 2002).
- Lead counsel in successful settlement of complex multiparty False Claims Act case establishing jurisdiction precedent on materiality standards and pleading requirements. United States, ex rel. Wilkins v. North American Constr. Corp., 173 F.Supp.2d 601, (S.D.Tex.2001).
- Following two trials recovered looted funds on behalf of Government of Rwanda following 1994 genocide: Rwanda v. Rwanda Working Group, 227 F. Supp.2d 45 (D.D.C. 2002), aff’d in part, 409 F.3d. 368 (DC Cir. 2005); Republic of Rwanda v. Uwimana (In re Uwimana), 255 B.R. 669 (D. Md. 2000); aff’d,274 F.3d 806, 811 (4th Cir.2001).
- Lead counsel in successful settlement of complex, multiparty environmental insurance coverage litigation which set national precedent on significant coverage issue. Pittston Co. v. Allianz Ins. Co., 905 F. Supp. 1279 (D.N.J. 1995), reversed in part, 124 F.3d 508, 521 (3d Cir.1997).
Representative Advocacy Matters
- Succeeded in enactment of December 2007 MMSEA provision significantly advancing client’s Medicare Part B reimbursement strategy.
- In 2006, led multi-firm advocacy team to reverse CMS coverage decision barring client’s flagship drug from Medicare Prescription Drug Program. As a result of intensive 45-day effort, the decision was reversed, drug was covered and shortly thereafter client sold company for over $2 billion.
- Represented major pharmacy trade association in all aspects of advocacy, including enactment of provisions in Medicare Modernization Act of 2003, promulgation of CMS policies related to industry and representation before multiple state Medicaid programs on advocacy and litigation (and combined advocacy and litigation) issues.
- Represented insurance trade association before Labor Department on promulgation of FLSA standards, and before numerous states on legislative issues (including resolution of complex litigation through legislative leverage).
Professional Affiliations:
District of Columbia Bar Association
American Health Lawyers Association
|
|
|