David H. Thompson

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David H. Thompson is an American trial attorney and the managing partner of the law firm Cooper & Kirk, PLLC, a litigation boutique.[1][2][3] In addition to his representation of clients, Thompson is in charge of the firm's hiring.[4] He also gives talks at Federalist Society events.[5]

Thompson has litigated numerous high-profile cases, including civil litigation on behalf of the Duke lacrosse players,[6] challenges to a wide variety of gun control laws around the country,[7][8] civil rights claims, First Amendment challenges,[9] and separation of powers issues. Beyond constitutional law, he has also secured several large trial verdicts in commercial disputes, including a $205 million trial verdict in AmBase Corporation v. United States.[10][11] This case was hailed as a "remarkable victory" for the "AmBase legal team, led by David H Thompson."[12] He frequently advises government whistleblowers in qui tam matters.[13] In 2020, he cooperated with the State of Arizona to bring a lawsuit against Google, “alleging the tech giant uses deceptive and unfair practices to get users’ location data and fuel its massive advertising business.” [14][15] Thompson has been described as "highly skilled in managing protracted and complex litigation with [a] demonstrated track-record."[16]

On December 9, 2020, Thompson presented his first oral argument at the United States Supreme Court in Collins v. Mnunchin[17] The issues in that case concerned separation of powers and consequences when government actors exceed their constitutional authority.[18] This case was an appeal from a 5th Circuit Court of Appeals decision in which Thompson and his clients "notched a win in their years long challenge to the U.S. sweep of nearly all of the mortgage-finance giants’ profits, a victory in their fight for gains from the companies’ return to profitability."[19]

On December 2, 2022, Thompson argued Moore v. Harper, also known as the Independent State Legislature case, at the Supreme Court.[20] This case was considered one of the most high-profile of the term, and it elicited extensive media coverage.[21]

Thompson testified before the House Judiciary Committee concerning the government's conduct in the Operation Choke Point Scandal.[22] He also represented former Attorney General John Ashcroft in connection with his testimony on the DOJ’s so called “torture memos” before the House Judiciary Committee.[23]

In a lawsuit during the 2020 election cycle, Thompson represented Republican legislative leaders[24] in defending North Carolina voter ID laws that make it more difficult to vote.[25] He represented the North Carolina General Assembly in Moore v. Harper at the Supreme Court in 2022, advocating for the Independent state legislature theory,[26] which claims that state legislatures have the sole authority to decide the outcome of elections.

Education and personal life[edit]

Thompson attended Groton School where he graduated in 1987.[4] He then went on to attend Harvard University where he graduated with an AB degree, magna cum laude in 1991, and was elected to Phi Beta Kappa. In 1994, Thompson received a JD degree, cum laude, from Harvard Law School.[27]

He has served as a visiting professor at both Georgetown University Law Center and at University of Georgia School of Law.[28] At both institutions, he has taught classes on how to litigate high-profile cases.

Thompson grew up Episcopalian but became a born-again Christian as an adult.[4]

References[edit]

  1. ^ "Cooperkirk.com". Retrieved 2013-10-27.
  2. ^ Lat, David. "Seyfarth Says Yes To Defense Of Anti-Gay Bias Case". Above the Law. Retrieved 2013-10-27.
  3. ^ Charles J. Cooper
  4. ^ a b c "Interview with David Thompson". Interviews with Max Raskin. Retrieved 2023-09-27.
  5. ^ "David H. Thompson". fedsoc.org. Retrieved 2023-04-20.
  6. ^ Harris, Andrew (2013-02-28). "Ex-Duke Lacrosse Players End Lawsuit Against School". Bloomberg. Retrieved 2013-10-27.
  7. ^ "Oral Arguments Presented in Illinois Carry Case (Shepard v. Madigan)". NRA. Archived from the original on 2013-10-29. Retrieved 2013-10-27.
  8. ^ "Ongoing 7th Circuit Gun Litigation - Podcast". Civil Rights and Criminal Law & Procedure Practice Group Podcast. Federal Society. Retrieved 2013-11-17.
  9. ^ "NRA v. FEC brief" (PDF). Supreme Court Brief. Stanford. Archived from the original (PDF) on 2015-06-10. Retrieved 2013-10-28.
  10. ^ AmBase Corp. v. United States, 100 Fed. Cl. 548 (Fed. Cl. 2011)
  11. ^ Morgenson, Gretchen (2011-10-01). "The Bank Case That Refuses to Die". New York Times. Retrieved 2020-11-05.
  12. ^ Vistanetsky, Pavel (2019-05-31). "Another AmBase Litigation Saga With Whopping Upside, Market Valuation Implies That Participation In Them Is Low-Risk And Nearly Free". Seeking Alpha. Retrieved 2021-02-12.
  13. ^ "More Law". MoreLaw.com, Inc. Retrieved 2013-10-28.
  14. ^ Gifford, Jeff (2020-05-28). "Arizona AG sues Google over user data collection". Phoenix Business Journal. Retrieved 2020-11-05.
  15. ^ "Attorney General Mark Brnovich Files Lawsuit Against Google Over Deceptive and Unfair Location Tracking". Arizona Attorney General Press Release. azag.gov. Retrieved 2020-11-05.
  16. ^ Vistanetsky, Pavel (2019-05-31). "Another AmBase Litigation Saga With Whopping Upside, Market Valuation Implies That Participation In Them Is Low-Risk And Nearly Free". Seeking Alpha. Retrieved 2021-02-12.
  17. ^ "Collins v. Mnuchin". SCOTUSblog.com. Retrieved 2020-11-05.
  18. ^ "Constitutional Law Reporter". Constitutional Law Reporter. Retrieved 2020-11-05.
  19. ^ Ackerman, Andrew (2019-09-07). "Investors Notch Victory Over Fannie, Freddie Profits". Wall Street Journal. Retrieved 2020-11-05.
  20. ^ Spakovsky, Hans (2022-12-09). "Key provision of Constitution in play as Supreme Court hears election case". Washingtion Examiner. Retrieved 2023-04-10.
  21. ^ Whelan, Ed (2022-11-04). "Thinking Through Moore v. Harper, Part 1". National Review Online. Retrieved 2023-04-10.
  22. ^ 'STATEMENT OF DAVID H. THOMPSON,' Before the U.S. House Committee on the Judiciary, (July 17, 2014), https://republicans-judiciary.house.gov/wp-content/uploads/2016/02/Statement-of-David-H-Thompson-re-Operation-Choke-Point-1.pdf
  23. ^ "Cooperkirk.com". Retrieved 2013-10-27.
  24. ^ Staff, CJ (2021-04-12). "Republican lawmakers defend N.C. voter ID law in court". Carolina Journal Post. Retrieved 2021-04-13.
  25. ^ Marimow, Ann (2020-09-11). "Court examines North Carolina's new law that requires photo IDs for voting". Washingtion Post. Retrieved 2020-11-05.
  26. ^ Shaw, Kate (December 8, 2022). "Oral Argument in Moore v. Harper and the Perils of Finding "Compromise" on the Independent State Legislature Theory". Just Security. Retrieved December 11, 2022.
  27. ^ "Cooperkirk.com". Retrieved 2013-10-27.
  28. ^ "University of Georgia Faculty Profiles". University of Georgia Law School. Retrieved 2013-10-27.
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