David M. Foster

David M. Foster

Washington, D.C.

Email [email protected]​hoganlovells.com

Phone +1 202 637 5573

Fax +1 202 637 5910

LanguagesEnglish, Spanish

Practice groupLitigation, Arbitration, and Employment

David Foster litigates class actions and other high-stakes and high-profile disputes. For years, he has played leading roles in some of the most significant litigation matters at Hogan Lovells. His experience spans an array of clients and industries, and he has particularly deep experience representing pharmaceutical companies and other clients in the life sciences sector.

For example, David represents a major pharmaceutical company in one of the most high-profile disputes concerning pharmaceutical pricing, rebating, and marketing in recent years. He also has represented life sciences clients in price-reporting disputes, commercial litigation, antitrust suits, and investigations by the Department of Justice and state attorneys general.

David's experience also includes defending clients in cross-border disputes, including human rights litigation. He is currently defending clients in putative class actions brought under the Alien Tort Statute and other human rights statutes.

In 2005, David received Harvard Law School's Victor Brudney Prize for best paper on the topic of corporate governance. Before attending law school, David worked for a consulting firm that specialized in providing expert testimony for antitrust litigation.

Education and admissions


J.D., Harvard Law School, cum laude, 2005

B.A., Vanderbilt University, summa cum laude, high honors in economics, 2001

Bar admissions and qualifications

District of Columbia

Court admissions

U.S. Court of Appeals, Tenth Circuit

U.S. District Court, District of Columbia

U.S. District Court, Northern District of Illinois

Representative experience

Representation of leading global pharmaceutical company in defense of government investigations at both state and federal level.

Representation of pharmaceutical company in multidistrict litigation involving claims under RICO, antitrust laws, and state consumer protection statutes.

Representation of life sciences companies in pharmaceutical pricing matters, including disputes relating to Medicaid rebates and the 340B program.

Representation of health care lender in state and federal lawsuits in which plaintiffs and federal bankruptcy trustee alleged client was liable for US$2.3bn in judgments against health care companies.

Representation of clinical laboratory in suit alleging violations of Lanham Act, anti-kickback statute, and unfair competition laws.

Representation of leading insurance company in multidistrict litigation arising out of alleged bid-rigging by insurance brokers.

Representation of major corporations in defense of putative class actions under federal human rights statutes.

Representation of premier media company in defending lawsuit that sought to enjoin airing of television documentary.

Member of team that represented Washington, D.C. homeowners in suits against perpetrators of foreclosure rescue scam, resulting in US$3.3m jury verdict.