| David U. Fierst. Born in 1950. B.A. from University of Pennsylvania in
1972; J.D. from George Washington University in 1975. Member of the District of Columbia
and Maryland Bars; American Bar Association, Antitrust and Litigation sections;
Association of Trial Lawyers of America; Maryland Trial Lawyers Association.
Mr. Fierst
concentrates on antitrust, employment, contract and other business-related litigation and
advice. In previous cases, Mr. Fierst:
- Recovered more than $13 million for a class of over 500 surviving spouses of federal law
enforcement officers and firefighters. Moore v. Office of Personnel Management, No.
96-3346 (Fed.Cir. 1997); Anselmo v. King, 942 F.Supp. 44 (D.D.C. 1996), 902 F.Supp.
273 (D.D.C. 1995).
- Successfully defended a suit seeking a multi-billion dollar recovery in connection with
a nuclear power plant in the Republic of the Philippines in international arbitration in
Geneva, Switzerland and in a jury trial in Newark, New Jersey. Republic of the
Philippines v. Westinghouse Electric et al., Civ. No. 88-5150 (D.N.J. 1993). The
result in Newark was selected by the National Law Journal as one of the top defense
victories of 1993.
- Obtained a judgment in the amount of $17.3 million in a suit in District Court for the
Southern District of New York for breach of oral contract and tortious interference with
contracts in connection with the importing of the Yugo automobile. International
Automobile Imports, Inc. v. Mid-Atlantic International Imports, Ltd., 85 Civ. 6546
(LBS) (S.D.N.Y. 1991).
- Successfully defended a private antitrust suit alleging monopolization, predatory
activity, and conspiracy against a television/radio/newspaper company in the District
Court for North Dakota. Summary judgment for the defendant was upheld by the United States
Court of Appeals for the Eighth Circuit. Midwest Radio Co. v. Forum Publishing Co.,
942 F.2d 1294 (8th Cir. 1991).
- Successfully defended a private antitrust suit alleging a joint boycott by pharmacy
chains accused of conspiring to block a prescription benefits plan for employees of the
State of Maryland. Merck-Medco Managed Care, Inc. v. Rite Aid, et al., Civ. Action
No. L96-499.
- Successfully defended a private antitrust suit against an association of central station
alarm companies accused of conspiracy and predatory conduct. Security Information
Network v. Central Station Alarm Association, No. 4:94CV00805 (CEJ) (E.D.Mo. 1994).
- Successfully defended a complaint brought by the Federal Trade Commission challenging an
acquisition in the automotive parts industry where the combined market share of the
acquiring and acquired firms in a highly concentrated market was 47%. In re Echlin
Manufacturing Co., 105 F.T.C. 410 (1985).
- Represented an association of automobile dealers charged by the FTC with unlawfully
agreeing to reduce sales hours. In re Detroit Auto Dealers Association, 955 F.2d
457 (6th Cir.1992).
- Successfully argued in the United States Court of Appeals for the Federal Circuit on
behalf of a retired federal employee who was denied an opportunity to preserve his
retirement benefits by making a deposit for post-1956 military service. Scalise v.
Office of Personnel Management, No. 97-3148 (Fed.Cir. 1997).
- Advised companies with respect to antitrust implications of acquisitions, and prepared
and filed premerger notification forms with the Federal Trade Commission and Department of
Justice.
- Represented plaintiffs and defendants in employment cases in federal and state courts
and before the Equal Employment Opportunities Commission alleging wrongful termination,
discrimination, and sexual harassment.
- Represented businesses in various industries in investigations and complaints brought by
the Federal Trade Commission, the Consumer Protection Division of the Maryland Attorney
General's Office, and the Consumer Affairs Office of Montgomery County, Maryland.
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