Cases Argued
David W. DeBruin is a partner in the Firm's Litigation Department. He is co-chair of the Complex Commercial Litigation Practice, and also serves as one of several Counsel to the Firm. Mr. DeBruin has handled a wide range of complex litigation matters, and he focuses his practice both on complex Supreme Court and appellate litigation and on securities fraud and white collar criminal defense matters. In doing so, Mr. DeBruin has drawn on his experience as a former law clerk to Supreme Court Justice John Paul Stevens and as a trial attorney at the Public Defender Service for the District of Columbia, where Mr. DeBruin handled a large number of jury and bench criminal trials.
In appellate matters, Mr. DeBruin has argued cases before the United States Supreme Court, numerous federal appellate courts and state supreme courts. Mr. DeBruin argued and obtained a unanimous decision in favor of his clients in Bridge v. Phoenix Bond & Indemnity Co., 128 S. Ct. 2131 (2008), and he was appointed by the Supreme Court to argue and defend the judgment in favor of the United States in Clay v. United States, 537 U.S. 522 (2003). Mr. DeBruin also served as one of the principal lawyers for Theodore B. Olson in Morrison v. Olson, 487 U.S. 654 (1988), the case involving the constitutionality of the independent counsel statute, and for Jose Padilla in Rumsfeld v. Padilla, 542 U.S. 426 (2004), the case involving the right of the President to detain an American citizen seized in this country as an "enemy combatant." In Grutter v. Bollinger, 539 U.S. 306 (2003), and Gratz v. Bollinger, 539 U.S. 244 (2003), Mr. DeBruin represented Microsoft Corporation, General Electric Company and 63 other leading American businesses in support of the efforts of the University of Michigan to admit a diverse student body in its Law School and College of Arts and Sciences. Among many other cases, Mr. DeBruin also served as lead counsel for General Dynamics Corporation in a successful defense of a trial court judgment rejecting claims of the United States in a $300 million action brought under the False Claims Act, United States v. General Dynamics Corp., 19 F.3d 770 (2d Cir. 1994); he represented Steelcase Inc. and persuaded the Court of Appeals to reverse an $8 million judgment for compensatory and punitive damages against the company and direct that judgment be entered for Steelcase, dismissing the case, Propulsion Technologies Inc. v. Attwood Corporation, 369 F.3d 896 (5th Cir. 2004); and he represented Black & Decker Corporation in National Union Fire Ins. Co. v. Emhart Corp., 11 F.3d 1524 (10th Cir. 1993), in which the Court of Appeals reversed a $10 million judgment against Black & Decker and directed that judgment be entered for the company, ending the case.
In securities, fraud and other white collar litigation, Mr. DeBruin again has handled a wide range of matters. He recently represented the Audit Committee of a major corporation in connection with a confidential internal investigation, and he has represented the former CEO of BISYS Group, Inc., the former CFO of SIRVA, Inc., and other corporate officials in SEC investigations, shareholder securities class actions, and shareholder derivative suits. Mr. DeBruin has represented General Dynamics Corporation, General Electric Company, Honeywell International and other companies in fraud, False Claims Act, and qui tam cases. In other criminal litigation, Mr. DeBruin represented several employees of General Electric in an antitrust price-fixing case involving industrial diamonds, and several persons affiliated with the Hsi Lai Temple in California in a case involving allegations of illegal campaign finance contributions.
In other civil litigation, Mr. DeBruin served as lead counsel for plaintiffs in an antitrust price discrimination action involving the bookselling industry, in which the American Booksellers Association and 26 independent bookstores brought claims against chain retailers Barnes & Noble and Borders. Mr. DeBruin also has handled matters for clients before the Federal Election Commission, the Securities and Exchange Commission, and the former Interstate Commerce Commission, and he has represented witnesses in several congressional investigations. In 1986, Mr. DeBruin served as Special Counsel to the Judiciary Committee of the United States House of Representatives in connection with the impeachment proceedings involving Judge Harry E. Claiborne, the first impeachment proceedings in the United States Senate in the modern era.
Mr. DeBruin also maintains a strong pro bono publico practice. Among many other matters, Mr. DeBruin currently represents an individual on death row in Georgia, and he is defending at trial an individual charged with multiple first degree murder charges in the District of Columbia. Mr. DeBruin also represents a number of indigent District of Columbia residents in child custody, public disability benefits, and probate matters. Mr. DeBruin also served for many years on the Steering Committee of the ABA Death Penalty Representation Project, and as Vice Chair of the Pro Bono Committee of the District of Columbia Bar. He was recognized by the District of Columbia Bar as its 2009 Pro Bono Lawyer of the Year.
Mr. DeBruin also is active in the field of professional responsibility. He serves as one of the Firm Counsel for Jenner & Block and as principal counsel for the Washington office of the Firm. For six years, Mr. DeBruin served on a Hearing Committee of the District of Columbia Board of Professional Responsibility. He recently represented a major national law firm in a multi-million dollar malpractice dispute in the District of Columbia.