Frederick C. David

David C. Frederick

Education

  • University of Texas School of Law, Austin,  J.D., with honors, 1989
    • Articles Editor, Texas Law Review, 1988-1989
  • University of Oxford, D.Phil., 1987
    • Rhodes Scholar
  • University of Pittsburgh, B.A., summa cum laude, 1983
    • Phi Beta Kappa
    • Truman Scholar

Clerkships

  • Law Clerk, Justice Byron R. White, U.S. Supreme Court, 1991-1992
  • Law Clerk, Judge Joseph T. Sneed, U.S. Court of Appeals, Ninth Circuit, 1989-1991

Government Service

  • Assistant to the Solicitor General, U.S. Department of Justice, 1996-2001
    • Coast Guard Medal for Distinguished Public Service, 2000
    • Department of Justice Inspector General’s Award for Exceptional Service, 1997
    • Attorney General’s Distinguished Service Award, 1998
  • Counselor to the Inspector General, U.S. Department of Justice, 1995-1996

Admitted

  • 1989, Pennsylvania
  • 1992, District of Columbia
  • 1996, Supreme Court of the United States

David Frederick represents clients across a broad spectrum, principally in appellate courts.  He has argued more than 100 appeals, including 55 in the Supreme Court, in every U.S. Court of Appeals, and in five state supreme courts.  

David has won or settled cases in the Supreme Court thirteen years in a row, including, most recently, Apple Inc. v. Pepper, Tyson Foods v. BouaphakeoTibble v. Edison Int’lJesinoski v. Countrywide Home LoansAmgen Inc. v. Connecticut Retirement Plans and Trust FundsPacific Operators v. ValladolidCSX v. McBrideMatrixx v. SiracusanoJones v. Harris AssociatesMerck v. ReynoldsWyeth v. Levine, and Altria v. Good.  In the Supreme Court, he has represented individuals, investors, immigrants, classes of consumers, farmers, Native Americans, small corporations, trade associations, large companies, foreign governments, states (Alaska, Delaware, South Carolina, Tennessee, and Vermont), the United States, and the European Community.

A former law clerk to Justice Byron White and Judge Joseph Sneed, he graduated from the University of Texas School of Law (J.D., with honors); the University of Oxford (D.Phil.), where he was a Rhodes Scholar; and the University of Pittsburgh (B.A., summa cum laude), where he was a Truman Scholar.  He served in the Department of Justice as Assistant to the Solicitor General (1996-2001) and as Counselor to the Inspector General (1995-1996).

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Representative matters

  • Lead counsel for National Credit Union Administration, as liquidating agent, in lawsuits against Bank of America, Barclays, Bear Sterns, Countrywide, Credit Suisse, Goldman Sachs, JP Morgan, Merrill Lynch, Morgan Stanley, Nomura, Royal Bank of Scotland, UBS, Wachovia and Washington Mutual
  • Apple Inc. v. Pepper, et al., successfully argued that iPhone owners may sue Apple as direct purchasers under § 4 of the Clayton Act and Illinois Brick Co. v. Illinois, 431 U.S. 720 (1977), for monopolizing the market for iPhone apps
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Publications


Books


Articles

  • Tips for Representing Consumers and Investors in the Supreme Court, 44 Litigation 2 (2018) (co-authored with Brendan J. Crimmins)
  • Supreme Court Advocacy in the Early Nineteenth Century, 30 Journal of Supreme Court History (2005)
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News