WilmerHale

Retired Partner

A nationally recognized litigator and counselor with more than thirty years' experience, David Ogden focused his practice on complex disputes with serious financial implications. He served as the Deputy Attorney General of the United States from 2009 to 2010 and as Assistant Attorney General for the Civil Division, United States Department of Justice, from 1999 to 2001.

Principal areas of practice include:

civil litigation and government enforcement actions under regulatory regimes such as the False Claims Act, fair lending and other anti-discrimination laws, the antitrust or competition laws, securities laws, fraud, consumer protection, financial services, and environmental laws; matters raising issues of public and private international law, such as transnational litigation in US courts, transnational regulation and enforcement, investor-state disputes, enforcement of foreign judgments, injunctions against foreign litigation, and controversies outside the United States; administrative law and other litigation involving defects in government regulations or other official actions; litigation to restrain the enforcement of federal or state statutes, including first amendment, federal preemption, Commerce Clause, equal protection, due process, and expropriation issues; development and advocacy of policy reforms relating to litigation and enforcement issues; and Supreme Court and appellate litigation.

Mr. Ogden consistently received the highest band ranking by Chambers USA, which in its 2020 publication described him as "exceptional" and "one of the best lawyers in DC."  Chambers USA added that “[h]e is adept at handling a variety of matters, including major employment and contractual disputes.”  An interviewee reported that "[h]e is one of the most careful, thoughtful, creative and strategic thinkers out there."  Best Lawyers in America, in its 2017 edition, rated him first among all regulatory enforcement litigators in Washington DC, naming him its “Lawyer of the Year" in that category. Additionally, U.S. News - Best Lawyers reported in its “Best Law Firms” rankings that Mr. Ogden “is both a great litigator and a great counselor. He understands that litigation is a tool and not an end in itself. He is highly strategic, great at seeing around corners, and a pleasure to work with to boot.” Mr. Ogden was named an Acritas Star Lawyer following independent surveys of general counsel and other legal executives who commented that "he is a brilliant lawyer who sees strategic issues very clearly and has always tried to keep an eye on practicalities in litigation and complex matters.” He was also recommended in the 2017–2019 editions of The Legal 500 United States with clients reporting that David is an "extraordinary strategist and impactful advocate."

His clients have included leading companies in the pharmaceutical, petrochemical, technology, retail, insurance, defense, financial, manufacturing, airline, automotive, rail, media, entertainment, and government services industries, as well as major trade and professional associations, nonprofit foundations, and individuals.

Government Experience

Mr. Ogden served as the Deputy Attorney General of the United States from 2009 to 2010. In that position, he was the second ranking official of the United States Department of Justice and its chief operating officer, supervising the Justice Department's 110,000 employees, almost $30 billion budget, and all of its components and operations. Among the components reporting to Mr. Ogden were the Federal Bureau of Investigation and other law enforcement agencies, the 93 United States Attorneys Offices, and all of the Justice Department's national litigating divisions including the Criminal Division, National Security Division, Civil Division, Civil Rights Division, Antitrust Division, Environment and Natural Resources Division, and Tax Division. He led major Justice Department and Executive Branch initiatives addressing healthcare fraud, financial and mortgage fraud, international organized crime, Mexican drug cartels, immigration, international tax enforcement, the government's compliance with criminal and civil discovery, and law enforcement in Indian Country. He worked regularly with the leaders of foreign justice and interior ministries on international disputes and national security and law enforcement matters.

Earlier, Mr. Ogden served as the Assistant Attorney General for the Civil Division (1999–2001), where he directed the Justice Department's largest litigating unit representing federal agencies and officials in major civil litigation, including the government's largest regulatory, constitutional, international, national security, administrative, government contract, commercial, fraud and false claims, tort, immigration, and consumer matters. He also served as Chief of Staff and Counselor to former Attorney General Janet Reno (1997–1999), Associate Deputy Attorney General (1995–1997), and Deputy General Counsel and Legal Counsel at the United States Department of Defense (1994–1995).

Professional Activities Public Member, Administrative Conference of the United States, 2010–2016 Senior Fellow, Administrative Conference of the United States, 2016–present Board Member, District of Columbia Bar Foundation, 2015–present Member, Janet Reno Endowment National Advisory Committee, McCourt School of Public Policy, Georgetown University, 2016–present

Memberships: Administrative Conference of the United States, 2010–2016 District of Columbia Bar Foundation, 2015–present, Board Member anet Reno Endowment National Advisory Committee, McCourt School of Public Policy, Georgetown University, 2016–present

Bar Admissions: District of Columbia

Harvard Law School, J.D. (1981)

University of Pennsylvania, B.A. (1976)