David H. Thompson

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]

Recent photo of David Thompson

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.[4] 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.[4]

References

  1. "Cooperkirk.com". Retrieved 2013-10-27.
  2. Lat, David. "Seyfarth Says Yes To Defense Of Anti-Gay Bias Case". Above the Law. Retrieved 2013-10-27.
  3. Charles J. Cooper
  4. "Interview with David Thompson". Interviews with Max Raskin. Retrieved 2023-09-27.
  5. "David H. Thompson". fedsoc.org. Retrieved 2023-04-20.
  6. Harris, Andrew (2013-02-28). "Ex-Duke Lacrosse Players End Lawsuit Against School". Bloomberg. Retrieved 2013-10-27.
  7. "Oral Arguments Presented in Illinois Carry Case (Shepard v. Madigan)". NRA. Archived from the original on 2013-10-29. Retrieved 2013-10-27.
  8. "Ongoing 7th Circuit Gun Litigation - Podcast". Civil Rights and Criminal Law & Procedure Practice Group Podcast. Federal Society. Retrieved 2013-11-17.
  9. "NRA v. FEC brief" (PDF). Supreme Court Brief. Stanford. Retrieved 2013-10-28.
  10. AmBase Corp. v. United States, 100 Fed. Cl. 548 (Fed. Cl. 2011)
  11. Morgenson, Gretchen (2011-10-01). "The Bank Case That Refuses to Die". New York Times. Retrieved 2020-11-05.
  12. Vistanetsky, Pavel (2019-05-31). "Another AmBase Litigation Saga With Whopping Upside, Market Valuation Implies That Participation In Them Is Low-Risk And Nearly Free". Seeking Alpha. Retrieved 2021-02-12.
  13. "More Law". MoreLaw.com, Inc. Retrieved 2013-10-28.
  14. Gifford, Jeff (2020-05-28). "Arizona AG sues Google over user data collection". Phoenix Business Journal. Retrieved 2020-11-05.
  15. "Attorney General Mark Brnovich Files Lawsuit Against Google Over Deceptive and Unfair Location Tracking". Arizona Attorney General Press Release. azag.gov. Retrieved 2020-11-05.
  16. Vistanetsky, Pavel (2019-05-31). "Another AmBase Litigation Saga With Whopping Upside, Market Valuation Implies That Participation In Them Is Low-Risk And Nearly Free". Seeking Alpha. Retrieved 2021-02-12.
  17. "Collins v. Mnuchin". SCOTUSblog.com. Retrieved 2020-11-05.
  18. "Constitutional Law Reporter". Constitutional Law Reporter. Retrieved 2020-11-05.
  19. Ackerman, Andrew (2019-09-07). "Investors Notch Victory Over Fannie, Freddie Profits". Wall Street Journal. Retrieved 2020-11-05.
  20. Spakovsky, Hans (2022-12-09). "Key provision of Constitution in play as Supreme Court hears election case". Washingtion Examiner. Retrieved 2023-04-10.
  21. Whelan, Ed (2022-11-04). "Thinking Through Moore v. Harper, Part 1". National Review Online. Retrieved 2023-04-10.
  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. "Cooperkirk.com". Retrieved 2013-10-27.
  24. Staff, CJ (2021-04-12). "Republican lawmakers defend N.C. voter ID law in court". Carolina Journal Post. Retrieved 2021-04-13.
  25. Marimow, Ann (2020-09-11). "Court examines North Carolina's new law that requires photo IDs for voting". Washingtion Post. Retrieved 2020-11-05.
  26. Shaw, Kate (December 8, 2022). "Oral Argument in Moore v. Harper and the Perils of Finding "Compromise" on the Independent State Legislature Theory". Just Security. Retrieved December 11, 2022.
  27. "Cooperkirk.com". Retrieved 2013-10-27.
  28. "University of Georgia Faculty Profiles". University of Georgia Law School. Retrieved 2013-10-27.
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