David L. Feinberg

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

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

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

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