David H. Thompson Explained

David H. Thompson is an American trial attorney and the managing partner of the law firm Cooper & Kirk, PLLC, a litigation boutique.[1] [2] [3] In addition to his representation of clients, Thompson is in charge of the firm's hiring.[4] He also gives talks at Federalist Society events.[5]

Thompson has litigated numerous high-profile cases, including civil litigation on behalf of the Duke lacrosse players,[6] challenges to a wide variety of gun control laws around the country,[7] [8] civil rights claims, First Amendment challenges,[9] and separation of powers issues. Beyond constitutional law, he has also secured several large trial verdicts in commercial disputes, including a $205 million trial verdict in AmBase Corporation v. United States.[10] [11] This case was hailed as a "remarkable victory" for the "AmBase legal team, led by David H Thompson."[12] He frequently advises government whistleblowers in qui tam matters.[13] In 2020, he cooperated with the State of Arizona to bring a lawsuit against Google, “alleging the tech giant uses deceptive and unfair practices to get users’ location data and fuel its massive advertising business.” [14] [15] Thompson has been described as "highly skilled in managing protracted and complex litigation with [a] demonstrated track-record."[16]

On December 9, 2020, Thompson presented his first oral argument at the United States Supreme Court in Collins v. Mnunchin[17] The issues in that case concerned separation of powers and consequences when government actors exceed their constitutional authority.[18] This case was an appeal from a 5th Circuit Court of Appeals decision in which Thompson and his clients "notched a win in their years long challenge to the U.S. sweep of nearly all of the mortgage-finance giants’ profits, a victory in their fight for gains from the companies’ return to profitability."[19]

On December 2, 2022, Thompson argued Moore v. Harper, also known as the Independent State Legislature case, at the Supreme Court.[20] This case was considered one of the most high-profile of the term, and it elicited extensive media coverage.[21]

Thompson testified before the House Judiciary Committee concerning the government's conduct in the Operation Choke Point Scandal.[22] He also represented former Attorney General John Ashcroft in connection with his testimony on the DOJ’s so called “torture memos” before the House Judiciary Committee.[23]

In a lawsuit during the 2020 election cycle, Thompson represented Republican legislative leaders[24] in defending North Carolina voter ID laws that make it more difficult to vote.[25] He represented the North Carolina General Assembly in Moore v. Harper at the Supreme Court in 2022, advocating for the Independent state legislature theory,[26] which claims that state legislatures have the sole authority to decide the outcome of elections.

Education and personal life

Thompson attended Groton School where he graduated in 1987. He then went on to attend Harvard University where he graduated with an AB degree, magna cum laude in 1991, and was elected to Phi Beta Kappa. In 1994, Thompson received a JD degree, cum laude, from Harvard Law School.[27]

He has served as a visiting professor at both Georgetown University Law Center and at University of Georgia School of Law.[28] At both institutions, he has taught classes on how to litigate high-profile cases.

Thompson grew up Episcopalian but became a born-again Christian as an adult.

Notes and References

  1. Web site: Cooperkirk.com. 2013-10-27.
  2. Web site: Lat. David. Seyfarth Says Yes To Defense Of Anti-Gay Bias Case. Above the Law. 2013-10-27.
  3. [Charles J. Cooper]
  4. Web site: Interview with David Thompson . 2023-09-27 . Interviews with Max Raskin . en-US.
  5. Web site: David H. Thompson . 2023-04-20 . fedsoc.org.
  6. News: Harris. Andrew. Ex-Duke Lacrosse Players End Lawsuit Against School. 2013-10-27. Bloomberg. 2013-02-28.
  7. Web site: Oral Arguments Presented in Illinois Carry Case (Shepard v. Madigan) . NRA . 2013-10-27 . dead . https://web.archive.org/web/20131029202621/http://www.nraila.org/news-issues/articles/2012/oral-arguments-presented-in-illinois-carry-case-%28shepard-v-madigan%29.aspx . 2013-10-29 .
  8. Web site: Ongoing 7th Circuit Gun Litigation - Podcast. Civil Rights and Criminal Law & Procedure Practice Group Podcast. Federal Society. 2013-11-17.
  9. Web site: NRA v. FEC brief. Supreme Court Brief. Stanford. 2013-10-28. 2015-06-10. https://web.archive.org/web/20150610193154/http://campaignfinance.law.stanford.edu/wp-content/uploads/2012/09/motionnra703.pdf. dead.
  10. AmBase Corp. v. United States, 100 Fed. Cl. 548 (Fed. Cl. 2011)
  11. News: Morgenson. Gretchen. The Bank Case That Refuses to Die. 2020-11-05. New York Times. 2011-10-01.
  12. News: Vistanetsky. Pavel. Another AmBase Litigation Saga With Whopping Upside, Market Valuation Implies That Participation In Them Is Low-Risk And Nearly Free. 2021-02-12. Seeking Alpha. 2019-05-31.
  13. Web site: More Law. MoreLaw.com, Inc.. 2013-10-28.
  14. News: Gifford. Jeff. Arizona AG sues Google over user data collection. 2020-11-05. Phoenix Business Journal. 2020-05-28.
  15. Web site: Arizona Attorney General Press Release. Attorney General Mark Brnovich Files Lawsuit Against Google Over Deceptive and Unfair Location Tracking . azag.gov.. 2020-11-05.
  16. News: Vistanetsky. Pavel. Another AmBase Litigation Saga With Whopping Upside, Market Valuation Implies That Participation In Them Is Low-Risk And Nearly Free. 2021-02-12. Seeking Alpha. 2019-05-31.
  17. Web site: Collins v. Mnuchin. SCOTUSblog.com. 2020-11-05.
  18. Web site: Constitutional Law Reporter. Constitutional Law Reporter. 2020-11-05.
  19. News: Ackerman. Andrew. Investors Notch Victory Over Fannie, Freddie Profits. 2020-11-05. Wall Street Journal. 2019-09-07.
  20. News: Spakovsky. Hans. Key provision of Constitution in play as Supreme Court hears election case. 2023-04-10. Washington Examiner. 2022-12-09.
  21. News: Whelan. Ed. Thinking Through Moore v. Harper, Part 1. 2023-04-10. National Review Online. 2022-11-04.
  22. 'STATEMENT OF DAVID H. THOMPSON,' Before the U.S. House Committee on the Judiciary, (July 17, 2014), https://republicans-judiciary.house.gov/wp-content/uploads/2016/02/Statement-of-David-H-Thompson-re-Operation-Choke-Point-1.pdf
  23. Web site: Cooperkirk.com. 2013-10-27.
  24. News: Staff. CJ. Republican lawmakers defend N.C. voter ID law in court. 2021-04-13. Carolina Journal Post. 2021-04-12.
  25. News: Marimow. Ann. Court examines North Carolina’s new law that requires photo IDs for voting. 2020-11-05. Washington Post. 2020-09-11.
  26. Web site: Shaw . Kate . December 8, 2022 . Oral Argument in Moore v. Harper and the Perils of Finding "Compromise" on the Independent State Legislature Theory . December 11, 2022 . Just Security.
  27. Web site: Cooperkirk.com. 2013-10-27.
  28. Web site: University of Georgia Faculty Profiles . 2013-10-27 . University of Georgia Law School.

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