David B. Hamilton
Ober, Kaler, Grimes & Shriver
AREAS OF EMPHASIS
Business litigation including technology, securities, corporate control, trademark, copyright and patent, civil RICO, antitrust, trade secrets, non-compete, and other civil litigation claims. Internal corporate investigations and white collar criminal defense.
ADMITTED TO PRACTICE
Maryland Court of Appeals
District of Columbia Court of Appeals
New York Court of Appeals
Supreme Court of Virginia
United States Claims Court
United States Courts of Appeals for the Second, Third, Fourth, Seventh, Ninth and
District of Columbia Circuits
United States Supreme Court
J.D., University of Maryland School of Law (with honors), 1983
M.A., Duquesne University (Departmental honors in Political Science), 1980
B.A., Duquesne University (with honors), 1978
Maryland and American Bar Associations and respective Sections of Litigation and Business Law; ABA Section of Litigation Corporate Counsel Committee; and Chairman, 1989-92, Civil RICO Subcommittee to Business Torts Committee of ABA Section of Litigation.
Treasurer, Greater Towson Council Community of Neighborhood Associations, 1987
President, Loophole Law Club, 1989-90
President, Morningside Neighborhood Association, 1990-91
Executive Committee, Retinitis Pigmentosa Association, 1993-98
Finance Committee, Ehrlich for Congress (successful Congressional campaign, 1994) 1992-
Lawyers for Ehrlich Committee, Co-Chairman
Technology Committee for Ehrlich, Co-Chairman
Falls Road Community Association, Board of Directors 1996-1999
Executive Committee, Make-A-Wish Foundation, Atlantic Chapter, 1997-
Gilman School Bull Roast, Silent Auction Committee, 1997-98; Co-chairman, Bull Roast 1999
Coach, Towsontowne Recreation League Basketball, 1997-
Gilman School Parents' Association Executive Committee - 1999-
Editor, The Business Line, 1993-
AMotions in Limine: Preserving the Record for Appeal,@ Maryland Bar Journal, August, 1987
ACivil RICO: Is it Exclusively Federal?@ ABA Section of Litigation Business Torts Committee Newsletter, January, 1988
APre-Hearing Discovery in Arbitration,@ 10 Construction Litigation Reporter 142 (June, 1989)
AContract Administration: Specialties, Contracts Under Seal and Statutes of Limitations,@ 11 The Construction Lawyer 19 (January, 1991)
ACivil RICO: Fundamental Concepts and Recurring Issues,@ ABA Business Torts Committee Deskbook Spring, 1992; updated, June, 1998
Co-Editor, Business Torts Civil Jury Instructions, ABA publication, Fall, 1996
AAntitrust Enforcement of Vertical Price Fixing Cases in the Clinton Administration,@ The Daily Record, September 11, 1993
AMerger Mania and Conflicts of Interest: Are Your Lawyers Disqualified?,@ The Business Line, Summer, 1995
ALitigation in Mudville?,@ The Business Line, Summer, 1995
ACEO Pay: Out of Control?@ The Ober View, Fall, 1997
AData Mining and Health Care,@ Health Law Alert, Fall, 1997
AData Mining: The Quest for Gold,@ The Ober View, Fall, 1997
AThe Economic Espionage Act of 1996: The Criminalization of Misappropriation of Trade Secrets,@ Health Law Alert, Winter/Spring, 1999
ATakeover Law Isolates State=s Corporations,@ Baltimore Business Journal (September 17, 1999)
"From Scalpel to Gavel" (antitrust lawsuits in health care industry) ABA Section of Litigation Annual Meeting, October 1991
"Vertical Price Fixing", National Luggage Convention, March, 1993
"Criminal and Civil Enforcement of Vertical Price Fixing Cases," Manufacturer's National Sales Meeting, October 2, 1993
"Federal Rules Update," ABA Section of Litigation Corporate Counsel Meeting, February 20, 1995
AFiduciary Litigation,@ Pension Mgr. Seminar, October, 1996
AHigh Tech v. Low Tech: Usage Fundamentals,@ ABA Corporate Counsel Northeast Regional Workshop, November 6, 1997
ALitigation Budgeting and Management,@ ABA Corporate Counsel Meeting, Scottsdale, Arizona, February, 1998; St. Petersburg, February, 1999
AY2K Liability Issues,@ Baltimore ACCA Meeting, December, 1998; Lattanze Center for Executive Management, February, 1999; October, 1999
ALearning to Live and Prosper with Internet Privacy,@ December, 1999, National Center for Direct Marketing Annual Convention, Orlando, Florida
Co-Chair, ABA Corporate Counsel Northeast Regional Workshop, November 6, 1997
Vice-Chair, Litigation Management Techniques, ABA Corporate Counsel Committee, 1997-
NHLA (National Health Lawyers Association) Arbitrator
NASD (National Association of Securities Dealers) Arbitrator
MAJOR TRIAL EXPERIENCE
February, 1984. Hodges v. Evisea Maritime Co., S.A., U.S. Dist. Ct. D. Md. Second chair. Three-week civil trial, defending shipowner in personal injury action. One million dollar verdict for plaintiff. Argued appeal which resulted in reversal and remand, 801 F.2d 678 (4th Cir. 1986). Retrial, February, 1988. Settled on first day of trial after jury was picked.
September, 1985. Lawrik v. Piper Aircraft Corp., et al., Cir. Ct. Frederick Co. Md. Co-First chair. Represented plaintiffs in aircraft crash litigation, including product liability, crashworthiness and other negligence issues. Pretrial discovery lasted more than two years and included more than fifty depositions all over the United States. Obtained settlement for $620,000.00 for plaintiffs.
June, 1986. Kolker v. Hack, et al., Cir. Ct. Balt. Co. Md. Co-First chair. Represented plaintiffs in estate fraud litigation. Settled first day of trial.
Summer, 1986. Pierce Associates, Inc. v. Gilbane Building Co., U.S. Dist. Ct. E.D. Va.; U.S. Dist. Ct. D. Del.; U.S. Ct. App. 4th Cir.; U.S. Ct. App. 3d Cir. First chair. Defending construction manager in litigation arising out of construction of hospital in Newark, Del. Multi-district litigation, including representation of appellee simultaneously in Third and Fourth Circuits. Obtained transfer and dismissal of plaintiff's claims in district court and dismissal of appeals in Third and Fourth Circuits.
March-September, 1986. The Nemours Foundation v. Pierce Associates, Inc., U.S. Dist. Ct. D. Del.; U.S. Ct. App. 3d Cir.; U.S. Sup. Ct. Third chair responsibilities. Part of team representing co-plaintiff construction manager regarding construction of A.I. DuPont Children's Hospital in Wilmington, Del. Pretrial took nearly four years. Five-month trial resulted in $30 million verdict for plaintiffs. Reversed on appeal, certiorari denied. Had involvement in spinoff litigation.
October-November, 1987. Gedeon v. Crane, et al., Cir. Ct. Talbot Co. Md. Co-First chair. Represented plaintiff in aircraft crash litigation. Four-week trial resulted in finding for defendants. Reversed on appeal by Maryland Court of Special Appeals. Petition for certiorari denied. Settled before retrial.
Summer, 1988. Tomelty v. Radford Community Hospital, U.S. Dist. Ct. W. D. Va. First chair responsibilities. Represented defendant radiologist who was sued for antitrust violations, defamation and conspiracy resulting from termination of other physicians privileges. Obtained dismissal of plaintiff's claims.
January, 1989. Herman v. Avco Corp. et al., Cir. Ct. Balt. Co. Md. First chair. Represented defendant aircraft engine manufacturer in allegations of breach of warranty and product liability resulting from aircraft crash in Cheyenne, Wyoming. Persuaded plaintiffs to dismiss. Remaining defendants went to trial in May, 1989, resulting in finding against plaintiffs based on Wyoming modified comparative negligence statute.
Summer, 1989. Aronow Roofing Co. v. Gilbane Building Co., U.S. Dist. Ct. D. Del. First chair. Obtained summary judgment for general contractor based on statute of limitations. Issues addressed included when cause of action accrues on construction project and the requisites for a contract under seal. Affirmed on appeal by United States Court of Appeals for the Third Circuit, 902 F.2d 1127 (3d Cir. 1990).
October, 1989. Albertson v. AT&T-IS, U.S. Dist. Ct. D. Del. First chair. Defending company sued by salesman for ERISA claims and commissions allegedly earned on national sales of AT&T phone systems. Settled before trial.
December, 1989. Gates v. Piper Aircraft Corp., et al., U.S. Dist. Ct. D. Md. First chair. Defending Allied-Signal/Bendix, manufacturer of avionics, in suit by aircraft purchaser brought under Magnuson-Moss Warranty Act. Case of first impression. Settled before discovery.
Bodimetric Health Service, Inc. v. Aetna Life & Casualty, U.S. Dist. Ct. N.D. Ill.; U.S. Ct. App. 7th Cir. Co-First chair. Represented plaintiff home health care provider in suit against Medicare intermediary. 706 F. Supp. 1619 (N.D. Ill. 1989), aff=d, 903 F.2d 480 (7th Cir. 1990), cert. denied, Nov. 1990.
MBIA v. Mercantile-Safe Deposit & Trust Co., U.S. Dist. Ct. S.D.N.Y. Co-First chair. Defended Baltimore bank in suit brought by insurer of public housing authority single family mortgage revenue bonds. Also represented Mercantile in related MCorp bankruptcy in United States District Court for the Southern District of Texas and other related actions in Maryland.
Travel 2000 v. Delsey Luggage. U.S. Dist. Ct. D. Md. Defended Sherman Act ' 1 vertical price fixing case. Settled through ADR in October, 1993.
Davis v. Maryland General Hospital, Cir. Ct. Balt. City. Md. Defended action by former physician who claims $70 million damages from Hospital for improper peer review. Summary judgment entered in favor of Hospital in December, 1993.
PMA v. Anixter Bros., Inc., U.S. Dist. Ct. Dist. Md. Defended action arising out of Navy Pax River construction delays. Settled February, 1992.
Petals Factory Outlet of Delaware, Inc. v. EWH & Associates, Cir. Ct. Queen Anne's Co. Md. Landlord-tenant dispute. Won appeal on arbitrability issue. 90 Md. App. 312 (1992). Plaintiffs dismissed case after appeal.
Dana Commercial Credit Corp. v. NFSC, U.S. Dist. Ct. So. Dist. N.Y. Represented lender/plaintiff in a piercing corporate veil and fraud action. Three-week trial in January, 1993 resulted in favorable settlement for plaintiff.
Midy v. Tortolani, et al., Cir. Ct. Balt. City Md. First chair. Defended hospital sued by physician whose privileges were terminated, and who alleges antitrust violations, defamation and conspiracy by defendants. Summary judgment entered by Circuit Court for Baltimore City in favor of defendants upheld by Court of Special Appeals in July, 1992. Petition for certiorari denied, December, 1992.
SMAI v. Springhill Health Services, Inc., et al., U.S. Dist. Ct. D. Md. Defending hospital and related entities concerning claims for commission arising out of application for federal government-insured mortgage. Summary judgment for defendants entered July, 1992. Affirmed by the United States Court of Appeals for the Fourth Circuit.
Mastroyannis v. Providence Hospital. D.C. Super. Ct. Defending contract and privileges action brought by reproductive endocrinologist. Settled before trial.
Virginia Radiological Associates v. Culpeper Memorial Hospital, et al., Cir. Ct. Culpeper Co. Va. Represented radiologists in claim against hospital for termination of privileges, antitrust and Medicare anti-kickback violations.
Boyce v. Shearson Lehman, et al., Cir. Ct. Balt. Co. Md. Represented registered financial consultants as codefendants in commissions dispute. NASD arbitration in November, 1993. Claimant's demand was $1 million; award was $30,000.
U.S. ex rel. United Industrial Services v. Sun State Steel Corp., U.S. Dist. Ct. M.D. Pa. Successfully defended general contractor and surety in Miller Act claim.
Maryland General Hospital v. Paradigm Medical Team of Maryland, Inc., et al., Cir. Ct. Balt. City Md. Judgment for client for breach of contract action for failure to provide anesthesiology services.
Fahy v. Power Technology Center, et al., Cir. Ct. P.G. Co. Md. Defended general contractor in a $20 million wrongful death claim arising out of landslide on construction site. Interlocutory appeal decision regarding arbitration obtained in favor of client. Settled without contribution by our client.
Preferred Care Management Services, Inc. v. Pensacola Care, Inc., U.S. Dist. Ct. N.D. Fla. Injunctive and other relief proceedings regarding operation of intermediate care facilities and impact on municipal bond issue.
Southern Floor Concrete, Inc. v. Centex-Bateson Construction Co., Inc., U.S. Dist. Ct. D. Md. Defended general contractor in action arising out of Portsmouth Naval Air Station project. Summary judgment for client.
Marriott International, Inc. v. Ainsworth, Cir. Ct. Balt. Co. Md. Successful injunctive proceedings under Maryland Uniform Trade Secrets Act.
Pray Contracting Co. v. National American Ins. Co., N.D. W. Va., Davis-Bacon and performance bond dispute with surety. Summary Judgment plus attorneys= fees awarded to our client.
University Support Systems v. Whirlpool Financial Corporation, U.S. Dist. Ct. D.C. Defended consumer lending action brought against student loan processor. Settled on favorable terms.
GTE Health Systems v. Children's Seashore House, E.D. Pa. Co-counsel for defendant in Beta test site software dispute. Settled on favorable terms.
Hartman v. Rosedale Roofing Company, Cir. Ct. Balt. City Md. Defended corporation against wrongful discharge and other claims by employee/stockholder. Summary judgment for client, affirmed on appeal.
Merrill Lynch et al. v. Kelly, U.S. Dist. Ct. D. Md. Defended trade secrets injunction against broker in District Court and in NASD Arbitration. Currently handling related New York Stock Exchange disciplinary matters.
Greater Laurel Nursing Home v. Mariner Health Care, Cir. Ct. P.G. Co. Md. Defended action against buyer of nursing home.
ACM v. Centex Construction Co. v. Urban Masonry, U.S. Dist. Ct. E.D.N.C. Defended general contractor in multiple party litigation in Durham, North Carolina. Successful mediation.
Doe v. First Tennessee Bank, Cir. Ct. Passaic Co., N.J. Successful defense of class action against bank, affirmed twice on appeal.
McDermitt, Inc. v. Centex Construction Corp.; Essroc v. Centex Construction Corp., U.S. Dist. Ct. No. D. W. Va.; Cir. Ct. Frederick Co. Defended several actions involving two large commercial construction contracts.
Burns v. D.M. Bowman, Inc., et al., Cir. Ct. Wash Co., Md. Defended defamation, false imprisonment and malicious abuse claims against owner of vehicle sales facility. Motion to dismiss granted.
Glen Burnie Bancorp v. First Mariner Bank, et al., Multijurisdiction litigation and proxy battle among shareholders and directors of bank. Obtained Federal Reserve and other regulatory approval for merger and acquisition activities.
Strata Group, Inc. v. AT&T, U.S. Dist. Ct. E.D. Va. Defended copyright infringement and claim of violation of Trade Secrets Act. Convinced plaintiff to dismiss the Complaint.
DTM v. AT&T, U.S. Dist. Ct. D. Md. Defending claim of violation of Trade Secrets Act for reverse engineering data mining software. Plaintiff claims damages in excess of $350 million.
Solex, Inc. v. ARD Environmental, Inc., U.S. Dist. Ct. S.D. Tex. Defending business disparagement claim. ARD Environmental, Inc. v. Solex, Inc., U.S. Dist. Ct. D. Md. Pursuing patent infringement claim.
Bankers Trust Corporation v. Russell Ray, et al., U.S. Dist. Ct. D. Md. and NASD. Suit against investment banking former employees for violation of Trade Secrets Act and breach of restrictive covenants.
Dean Witter Reynolds, Inc. v. Klaff, U.S. Dist. Ct. D. Md. and NASD. Injunctive relief for violation of Trade Secrets Act and non-competition agreements.
AT&T Corp. v. Dietrich, U.S. Dist. Ct. D. Md. Complaint for cybersquatting, trademark infringement and other related claims.
Quest Diagnostic Clinical Laboratories, Inc. v. Care First Blue Cross Blue Shield, Cir. Ct. Balto. City. Md. Declaratory judgment action under reimbursement contract.
CEC Entertainment, Inc. v. Kids Fitness, Inc., U.S. Dist. Ct. D. Md. Complaint for trademark and other Lanham Act violations relating to Discovery Zone trademarks.
LaPorte, Inc. v. Axel J, LP, U.S. Dist. Ct. D. Md. Defending patent infrinement claim.
Several arbitrations as counsel and as arbitrator; advanced arbitration and mediation training.