David L. Feinberg

Partner
Feinberg David

Dave Feinberg is a trial attorney and litigator who handles a wide array of disputes, including environmental, commercial, construction, real estate, landlord/tenant, consumer protection, and insurance litigation. Dave also specializes in trials and litigation concerning high-stakes challenges to proposed projects, including critical energy infrastructure. He also has extensive experience litigating against agencies such as the Federal Trade Commission (FTC) and the Consumer Financial Protection Bureau (CFPB).

Dave has defended some of the United States' largest companies against government investigations and litigation alleging environmental harm, consumer harm, or cybersecurity deficiencies. He also oversees internal investigations and provides ongoing counsel to businesses on a wide range of issues.

Dave is active in Venable's recruiting efforts and previously supervised the firm’s summer associate program.

 

Experience

Representative Matters

  • Serving as lead trial counsel in the defense of one of North America’s largest oil pipeline companies against a federal lawsuit filed by a North American tribe concerning a critical oil pipeline. The tribe seeks the removal of the pipeline and approximately $3 billion in damages
  • Served as lead trial counsel for the owner of an export facility challenging, on federal constitutional grounds, a state’s refusal to permit a coal export facility to supply American-mined coal to Asian allies, such as South Korea and Japan
  • Represented parties in some of this era’s highest-profile environmental litigation, including the Deepwater Horizon-related cases, and served as trial counsel for one of the United States’ leading agribusiness companies in a Clean Water Act citizen lawsuit
  • Served as lead arbitration counsel for months-long arbitration involving claims of alleged fraud, breach of contract, and construction defects
  • Won outright dismissal of all claims on behalf of a Fortune-listed client facing federal enforcement action by the CFPB. Venable’s motion for sanctions based on government misconduct during discovery was granted in whole by a federal judge, and the case against Venable’s client was dismissed after a years-long litigation and discovery period
  • Won before both the Delaware Chancery Court and the Delaware Supreme Court on the proper, narrower scope of the Fortune-listed client’s obligations to advance attorneys’ fees and costs to a former executive
  • Persuaded the FTC not to take enforcement action concerning any alleged deficiency in the Fortune-listed client’s cybersecurity systems
  • Served as lead trial counsel for a select group of Washington, DC’s finest restaurants, which filed suit against their insurer for refusing to provide insurance coverage for COVID-19 business interruption
  • Serving as lead trial and litigation counsel for a Washington, DC-based food and beverage company
  • Represented the owner of buildings located in the Washington, DC area in claims of significant damage caused by the failure of a sheeting and shoring system. After extensive litigation, including an appeal to Maryland’s highest court, Venable’s client prevailed, and the other side was compelled to pay all attorneys’ fees
  • Obtained multi-million-dollar settlements, including a substantial portion of attorneys' fees, for clients whose Washington, DC-area properties were harmed by failure of a sheeting and shoring system
  • Conducted multiple internal investigations, some of which involved allegations of potential environmental violations
  • Achieved a six-figure settlement on behalf of a pro bono prisoner, brought against a prison healthcare system under Section 1983 for deliberate indifference to prisoner’s medical needs
  • Achieved a six-figure settlement on behalf of pro bono client in a case brought against a municipality under Section 1983 for excessive use of force and unlawful search and seizure
 

Insights

Credentials
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Education

  • J.D. University of Virginia School of Law 2006
    • Dillard Fellow
    • Editorial Board, Virginia Journal of Social Policy & the Law
    • Editorial Board, Virginia Law and Business Review
    • Captain, ATLA Trial Advocacy Team
  • M.T.S. Emory University 2003
    • Master of Theological Studies Scholarship
  • A.B. Bowdoin College 1999

Bar Admissions

  • District of Columbia 2008
  • Maryland 2007
  • Massachusetts 2007

Court Admissions

  • U.S. District Court for the District of Columbia
  • U.S. District Court of the District of Maryland
  • U.S. Court of Appeals for the Fourth Circuit
  • U.S. Supreme Court

Clerk Experience

  • Honorable Benson E. Legg U.S. District Court for the District of Maryland

Recognition
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  • Super Lawyers, Rising Stars, Business Litigation, Washington, DC, 2014 – 2017
  • Venable LLP, Benjamin R. Civiletti Pro Bono Lawyer of the Year Award, 2011

Community
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Pro Bono

  • Maintains an active pro bono practice

Volunteerism

  • Former team leader and corps member, AmeriCorps NCCC

Personal Activities

  • Masters-level athlete in the CrossFit Open and other CrossFit competitions