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David McGill

Partner

Washington, D.C.

David leads Orrick's Complex Litigation and Dispute Resolution Group and represents industry leaders in high-stakes disputes and investigations. Rated as a "Band 1" enforcement lawyer by Chambers USA, David focuses on designing innovative solutions for financial and technology companies involved in complex disputes and investigations, often with significant regulatory implications.

The Legal 500 reports that clients praise David for being “insightful, uber responsive and fearless” in his advocacy, and he is known to offer “invaluable and practical, business-oriented advice” in high-stakes disputes and investigations.  

In the financial sector, David is frequently retained by industry leaders to design creative solutions for controversies involving allegations of market misconduct across a broad range of financial products, including equities, commodities, options, and digital currency. He has successfully persuaded the U.S. Commodity Futures Trading Commission (CFTC), the U.S. Department of Justice (DOJ), the U.S. Securities and Exchange Commission (SEC) and a host of State and cross-border regulators to walk away from threatened charges in numerous contexts.  

Quantitative trading firms, blockchain developers, and cryptocurrency projects often turn to David for advice on their most sensitive regulatory and compliance matters, including cybersecurity breaches and insider misconduct.

David’s practice also extends to intellectual property disputes and investigations into alleged workplace misconduct. He regularly represents leading technology companies and financial firms in matters involving allegations of trade secret misappropriation, licensing disputes, and employee misconduct.

  • Complex Financial Disputes & Class Actions

    • Representation of quantitative trading firm and key employees in multiple civil disputes brought by competitor alleging market manipulation, resulting in dismissal of all claims.
    • Representation of online gaming companies and key executives in federal civil action alleging fraud and misappropriation of intellectual property, resulting in dismissal of all claims.  
    • Representation of a proprietary trading firm in civil action alleging disruptive trading and market manipulation in U.S. Treasury futures markets, resulting in dismissal of all claims.
    • Representation of a proprietary trading firm in arbitration involving allegations of illegal “spoofing” activity in relation to U.S. Treasury futures on the Chicago Board of Trade exchange, resulting in award in client’s favor inclusive of attorneys’ fees.
    • Representation of algorithmic trader in arbitration involving allegations of manipulation of digital currency markets, resulting in dismissal of all claims without any payment by the client.
    • Representation of online gaming and streaming platforms in defending against federal class action complaint alleging illicit gambling scheme.
    • Representation of prominent cryptocurrency project and related foundation in defense of federal class action alleging securities violations in relation to alleged token offering and related promotional activity.
    • Representation of trader in an antitrust class action concerning alleged price fixing in various bond markets, resulting in dismissal of all claims against client.
    • Representation of a European company specializing in hedge fund administration in putative class action filed by investors in so-called feeder funds that held securities with Bernard L. Madoff Investment Securities LLC.

    Intellectual Property & Technology Litigation

    • Representation of quantitative trading firm in investigation and offensive litigation targeting former employee and key competitor for alleged trade secret theft and related wrongdoing, culminating in arrest and criminal prosecution of former employee.  
    • Representation of media technology company in a dispute with competitor involving allegations of misappropriation of IP and computer fraud.
    • Representation of Fortune 50 company in dispute pertaining to technology licensing.
    • Representation of multinational technology company and video-sharing company in landmark copyright infringement case brought by a global media conglomerate, culminating in the successful dismissal of all claims on summary judgment based on the safe harbor provisions of the Digital Millennium Copyright Act.
    • Representation of UK media company in prosecuting claims for breach of contract and misappropriation of trade secrets against a multinational media conglomerate, resulting in finding of liability in client’s favor on summary judgment.
    • Representation of online media company in responding to cease-and-desist letter from competitor alleging unfair competition, deceptive advertising and copyright infringement.

    Government Enforcement Defense

    • Representation of prominent digital currency exchange in responding to worldwide regulatory investigations into cybersecurity breach, resulting in close of numerous State and cross-border investigations without action.
    • Representation of quantitative trading firm and key employees in multi-year investigations by the DOJ and CFTC into alleged market manipulation, resulting in closure of all investigations without action.
    • Representation of prominent artificial intelligence developer in DOJ investigation related to collapse of FTX exchange.
    • Representation of options trader accused of spoofing in commodities futures markets, resulting in first-ever dismissal of a criminal spoofing scheme and subsequent acquittal of remaining spoofing count.
    • Representation of individual digital currency trader in responding to CFTC investigation relating to alleged manipulation of discrete digital currency markets.
    • Representation of equities trader in DOJ and SEC investigations into common stock trades made in prominent software company, resulting in closure of investigation without action.
    • Representation of an audit committee of the board of directors at an international consulting firm in connection with internal investigation into revenue recognition practices under investigation by the SEC.
    • Representation of executive in the highly publicized "FCPA sting” trial, resulting in judgment of acquittal in favor of client on an alleged substantive violation of the FCPA and money laundering charge and subsequent dismissal of all remaining charges with prejudice.

    Joint Venture & Insolvency Disputes

    • Representation of Bahamian resort development in dispute with Chinese contractor over failure to complete construction of luxury resort in accordance with contractual guarantees.
    • Representation of private equity firm and a limited liability company in civil suit alleging breach of contract, fraud, and other wrongdoing in connection with sale of popular collectables company.
    • Representation of investment firm and its founder in an action brought by the court-appointed trustee for the liquidation of Bernard L. Madoff Investment Securities LLC arising from third-party investment in the LLC.