David U. Fierst Of Counsel
David Fierst has been an associate and partner with Stein Mitchell Cipollone Beato & Missner LLP for 39 years before becoming Of Counsel in January 2016. He has represented clients in numerous complex matters before state and federal courts and administrative agencies. Mr. Fierst concentrates on antitrust, employment, contract, and other business-related litigation and advice.
In previous cases, Mr. Fierst:
- Recovered more than $48 million in redress for a class of 2100 life insurance beneficiaries of deceased Postal Service employees. The class prevailed on the question of liability on summary judgment, and the case was then settled for complete monetary redress for every class member. McKinney v. United States Postal Service, 75 F. Supp. 3d 266 (D.D.C. 2014).
- Successfully defended in United States District Court and the Court of Appeals for the District of Columbia Circuit a False Claims Act complaint Alleging fraud in the performance of a contract for the maintenance of Department of Agriculture office buildings. U.S. ex rel. Bender v. North American Telecommunications Inc., 499 F. App'x 44 (D.C. Cir. 2013)
- Successfully defended in arbitration a trade association sued for $10 million for breach of contract.
- 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).
- 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.
Community & Professional Activities
Member, American Bar Association, Sections of Antitrust and Litigation
Originally Published inThe Washington Post, April 12, 2017