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David T. Case

Administrative Partner (Washington, D.C.)
+1.202.778.9084
Fax +1.202.778.9100

Mr. Case is a partner in the Washington, D.C. office of K&L Gates. Mr. Case’s practice concentrates on civil litigation and internal investigations. His focus in civil litigation is on financial services litigation, general commercial litigation, insurance coverage litigation, toxic tort litigation, and government contracts litigation. He has represented major clients in litigation in California, Minnesota, New Jersey, Arizona, Connecticut, Maryland, Virginia, the District of Columbia and Washington state, as well as before the United States Court of Federal Claims, the Armed Services Board of Contract Appeals and the General Accounting Office. Mr. Case’s trial experience includes litigation of technical financial, engineering, environmental, and scientific issues.

Professional Background

Prior to practicing at K&L Gates, Mr. Case served as a Judge Advocate in the United States Marine Corps, and as a Law Clerk to the Honorable R. James Harvey of the United States District Court for the Eastern District of Michigan.  Mr. Case has published work on evidence, insurance and government contract issues.  He has also lectured on such evidence issues as the use of expert testimony on engineering and scientific matters.

Mr. Case is currently the Administrative Partner of the Washington, D.C. office of K&L Gates.

Professional/Civic Activities

  • The Veterans Consortium Pro Bono Program, Private Bar Recruitment Committee
  • Legal Counsel for the Elderly, Policy and Advisory Board

Speaking Engagements

  • “The Role of Insurance in the Development of Environmental Policy,” presented at The Sixth International Symposium on Environmental Contamination in Central and Eastern Europe, on September 1-2, 2003 in Prague, Czech Republic.
  • “Balancing Science and Regulation in the Age of Accession: Addressing the Legal and Organizational Issues Arising From the Use of Landfills in Central and Eastern Europe,” presented at the Fifth International Symposium and Exhibition on Environmental Contamination in Central and Eastern Europe, on September 11-15, 2000, in Prague, Czech Republic.
  • “Solid and Hazardous Waste Management,” presented at the Fifth International Symposium and Exhibition on Environmental Contamination in Central and Eastern Europe, on September 11-15, 2000, in Prague, Czech Republic.
  • “Effective Regulation of Landfills: Lessons from the Mistakes and Successes of the U.S. System,” presented at Sardinia ’99 Seventh Waste Management and Landfill Symposium, S. Margherita di Pula, Cagliari, Italy, October 4-8, 1999.
  • "Insurance Coverage for Mass Torts" presented at the Third Annual Mass Tort Litigation Institute, sponsored by Georgetown University Law School, Continuing Legal Education Division, November 6-7, 1998.
  • "The Effect of Gatekeeping on Causation Evidence in Mass Tort Litigation," presented at the Third Annual Mass Tort Litigation Institute, sponsored by Georgetown University Law Center, Continuing Legal Education Division, November 6-7, 1998
  • "How Clean is Clean: The Use of Science in Setting Groundwater Clean-Up Standards," presented at the Proceedings of the Fourth International Symposium and Exhibition on Environmental Contamination in Central and Eastern Europe, on September 17, 1998, in Warsaw, Poland.
  • "Risk Assessment, Risk Management and Human Health Issues," presented at the Proceedings of the Fourth International Symposium and Exhibition on Environmental Contamination in Central and Eastern Europe, on September 16, 1998, in Warsaw, Poland.
  • "Daubert and Mass Tort Litigation," presented at the Mass Tort Litigation Institute at Georgetown University Law Center, Washington, D.C., November 7, 1997.
  • "Scientific Evidence and Expert Testimony," Mid South Engineering Training, Memphis, Tennessee, September 25, 1996.
  • "Managing the Mega Case," Insurance Coverage Counsel, Chicago, Illinois, April 26, 1996.
Some of Mr. Case's more significant matters include:
  • Attorney of record and lead counsel on behalf of LSI Appraisal, LLC and other defendants, in FDIC v. LSI Appraisal LLC, et al., No. SACV11-706 (C.D. Cal. 2011).  A claim by the FDIC of over $150 million was successfully resolved for the client.
  • Attorney of record and lead trial and appellate counsel in an $85 million award on behalf of First Federal of Rochester in a suit against the United States for breach of contract.  See First Federal Sav. and Loan Ass’n of Rochester v. United States, 76 Fed. Cl. 106 (2007); aff’d 290 Fed. Appx. 349, 2008 WL 3822567 (Fed. Cir. 2008) (unpublished decision).
  • Attorney of record and lead attorney in award of over $5 million in attorneys’ fees and costs against the United States on behalf of First Federal Savings of Rochester.  See First Federal Sav. and Loan Ass’n of Rochester v. United States, 88 Fed. Cl. 572 (Fed. Cl. 2009).
  • Lead attorney representing financial services clients in False Claims Act investigations by the Department of Justice.
  • Lead attorney representing financial services clients in CFPB investigations.
  • Lead attorney in developing and responding to federal agency requirements for independent consultants.
  • Lead trial counsel for policyholders in lengthy insurance coverage trials in New Jersey and Arizona, resulting in hundreds of millions of dollars in payments by insurers.
  • Lead counsel in successful habeas corpus action of State of Texas v. Alfred Dewayne Brown, Case No. 1035159-A.  This action was on behalf of a death row inmate, and resulted in his release from prison.
  • Participated as counsel for the Examiner in the New Century Financial Corporation bankruptcy proceeding, one of the largest subprime lenders, with a particular focus on internal audit and audit committee issues. 
  • Participated in the Independent Review Panel for CBS investigating the September 8, 2004 60 Minutes Wednesday segment concerning President Bush’s Texas Air National Guard Service, with a particular focus on the use of handwriting and typography experts.
  • Lead trial and appellate counsel in the defense of asbestos claims in the courts of the District of Columbia and Virginia.
  • Lead trial counsel in government contract claims before the Armed Services Board of Contract Appeals.