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DAVID S. EGGERT Contact Information: Tel: 540-434-4912 Email: Dseggert@Gmail.Com Eggertd@Wlu.Edu DAVID S. EGGERT Contact information: Tel: 540-434-4912 Email: [email protected] [email protected] EDUCATION Duke University Law School, 1981-84 • Ranked Second in Class • Order of the Coif • Duke Law Journal Loyola University, New Orleans, 1978-81 • Ranked First in Class • B.A., History EMPLOYMENT Washington and Lee Law School (Lexington, Va.) Fall 2013 Visiting Professor (Torts and Property) September 2012 and January 2013 Adjunct Professor, Fall and Spring Immersion Programs Justice Ventures International (Vice-President) Fall 2012-present • Coordinated China program for international human rights organization • Organized/conducted training programs in India and China • Coordinated development efforts Handong International Law School (S. Korea) 2009- March 2012 Professor • Obtained numerous U.S. internships for students • Developed practical training programs/pro bono services • Teacher of the Year Award, 2010 • Curriculum Committee Classes Taught: • Global Competition Law • Civil Procedure • Evidence • Appellate Advocacy • Doing Justice • Private International Law Arnold & Porter LLP Washington, D.C. 1984-2008 Partner, 1993-2008 Associate, 1984-1992 Specialties: • Antitrust 1 • Products liability • Litigation • Appeals Sample cases: • United States v. General Electric Co.: wrote winning motion for judgment of acquittal in high profile prosecution against GE alleging price-fixing of industrial diamonds; cover story in The American Lawyer for Jan./Feb. 1995 • Farmer v. Reno: obtained settlement in pro bono lawsuit against federal Bureau of Prisons, resulting in nationwide regulatory amendment permitting “jail-house lawyers’ to review the legal materials of inmates they assist • United States v. Philip Morris: wrote brief on appeal in groundbreaking case which held for the first time that disgorgement is unavailable in civil RICO cases; dismissal of $280 billion claim • Engle v. Philip Morris: obtained reversal on appeal of largest punitive damages award in history ($142 billion) • Wyeth v. JBDL: won summary judgment in private antitrust class action on behalf of major pharmaceutical company alleged to have engaged in exclusive dealing through rebates • Minker v. United Methodist Church: represented Methodist pastor in age discrimination lawsuit; obtained ruling that first amendment did not insulate church from contract claim • Assam v. Miller Brewing Co.: won summary judgment for brewer using vertically- imposed exclusive distributor territories; first clear imposition of a threshold market power requirement • Texas Carpenters Health Benefit Fund v. Philip Morris, Inc: one of numerous class actions where I represented Philip Morris on charges of RICO, antitrust and common law violations asserted by health insurers seeking billions for amounts paid to treat tobacco- related diseases; developed groundbreaking argument that these claims were derivative and remote, resulting in dismissal of 100 lawsuits Sample Pro bono matters: • Washington Legal Clinic for the Homeless: supervised bi-monthly clinic for homeless women for 8 years • Missionary Ventures International: advised on regulatory compliance and organizational re-structuring • National Trust for Historic Preservation: successful lawsuit to preserve NASA launching pad • Quince Orchard Valley Citizens’ Ass’n v. Montgomery County: NEPA lawsuit opposing construction of road in state park • Farmer v. Reno (described above) • Global Entrepreneurship Program, 2009-11 Trained hundreds of students in developing countries in week-long intensive programs sponsored by the UNITWIN network; presented lectures in Business Ethics, Corporate Structures, Intellectual Property and Social Entrepreneurship o Mongolia (June 2009) o Cambodia (January 2010) o Kenya (June 2010, July 2011) o Korea (January 2011) o Ghana (January 2012) • Justice Ventures International, 2007-present Board of Directors of Christian humanitarian organization, which seeks to promote justice by assisting groups in developing countries fighting human trafficking, urban poverty, and lack of access to justice • International Justice Mission, June-August 2001 2 Volunteer Attorney: opposed human trafficking and sex slavery in Northern Thailand; helped organize brothel raid; researched land-ownership issues and citizenship eligibility for members of Hill Tribes BAR AND COURT MEMBERSHIPS__________________________________________________________________- District of Columbia Commonwealth of Virginia Supreme Court of Virginia US Courts of Appeals: 2nd, 3rd, 4th, 5th, 6th, 8th, 10h, 11th, and DC Circuit PUBLICATIONS AND SPEECHES Articles and Papers: • D. Eggert, “Exclusive Dealing Under U.S. Antitrust Law: A Survey of the Law on Exclusive Dealing in the United States and Current Trends in the Law Concerning Exclusive Dealing Practice,” (April 2010) (Presented at the 2nd Seoul National University Competition Forum, Seoul, South Korea) • D. Eggert, “The Jury Trial in America as an Aspect of Public Participation in the Legal Process,” presented at the Second Annual Forum between the Pohang Prosecutor’s Office and Handong Global University: “A Comparative Legal Study of Civil Participation in Legal Process: Korea and the United States” (February 2010) • D. Eggert and J. Hou, “Liability of a Parent for the Antitrust Violations of a Subsidiary Under Asian Antitrust Law,” The Antitrust Chronicle ( November 2009) • D. Eggert, “Business Ethics and Corruption” (presented at UNITWIN Global Entrepreneurship Training Conference in Ulan Bator, Mongolia) ((June 2009) (updated in 2010-11) • D. Eggert, “Antitrust Conspiracy: Should the Rule for Testing the Sufficiency of Circumstantial Evidence of Conspiracy in Civil Antitrust Cases Also Apply in Criminal Antitrust Cases?,” Legal Times (October 14, 1996) • D. Eggert, “Executive Order 12,333: An Assessment of the Validity of Warrantless National Security Searches,” 1983 Duke Law Journal 611 (1983) (cited 16 times by subsequent authors) Speeches on Competition Law: • “Antitrust Litigation,” (Speeches to Yulchon Law Firm, Seoul, South Korea) (November 2010 amd April 2011) • “Exclusive Dealing under the US Antitrust Laws” (Seoul National Competition Forum, Seoul Korea)(April 2010) • “U.S. Antitrust Treatment of Intellectual Property” (all-day seminar presented to Korean Intellectual Property Organization, Daejon, South Korea) (May 2010) • “The Jury Trial as a Reflection of Public Participation in the American Criminal Process,” Second Annual Forum between the Pohang Prosecutor’s Office and Handong Global University (February 2010) • “Application of the US Antitrust Laws to Sports Leagues: American Needle” (Busan National University, Busan, Korea )(November 2009) • “Introduction to “American Litigation” (for Korean Intellectual Property Organization) (September 2009) • “United States Antitrust Litigation” (presented to the Korean Fair Trade Commission)(October 2009) Speeches on Corruption or Business Ethics: 3 • “Corruption in Africa,” at Refresher Meeting for UNITWIN Global Entrepreneurship Graduates, St. Paul’s University, Limuru. Kenya (July 2011) • “Business Ethics,” UNITWIN Global Entrepreneurship Training, St. Paul’s University, Limuru, Kenya ( July 2011) • “Business Ethics,” UNITWIN Global Entrepreneurship Training, Handong Global University, South Korea (January 2011) • “Corruption in Mongolia and Northeast Asia,” to Visiting Group of Mongolian Academics, Handong International Law School (July 2010) • “Corruption and the Rule of Law: Thoughts on Hernando de Soto” Handong Global University, Law and Economic Development Group (April 2010) • “Business Ethics,” UNITWIN Global Entrepreneurship Training, St. Paul’s University, Limuru, Kenya (July 2010) • “Business Ethics in Cambodia” UNITWIN Global Entrepreneurship Training, Cambodia (January 2010) • “Business Ethics,” UNITWIN Global Entrepreneurship Training, Institute for Finance and Economics, Ulan Bator, Mongolia (June 2009) Other Speeches and Activities: • Various Talks on Corporate Structure and/or Intellectual Property Law at Global Entrepreneurship Training Conferences in Mongolia, Cambodia, South Korea and Kenya in 2009-12 • “Social Entrepreneurship” co-presented with Lynne Kuipers Eggert, M.P.H, at UNITWIN Global Entrepreneurship Training Conference, St. Paul’s University, Limuru, Kenya (June 2010) • Coach for Jessup Moot Court Team from Handong International Law School, Seoul, Korea, 2010 -12 • Coach for LawAsia Moot Court Team from Handong International Law School, Ho Chi Minh City, Vietnam, November 2009 • Judge, Finals of LawAsia Moot Court Competition, Ho Chi Minh City, Vietnam, November 2009 • Coach for Handong International Law School Team for WTO-FTA Moot Panel Competition, Summer 2010 • Judge, Robert J. Grey, Jr. Negotiations Competition, Washington and Lee Law School, September 2012 4 .
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