David is an experienced trial attorney with a concentration in litigating financial services and business disputes, including class actions. He has developed an expertise in federal court litigation.
Representative Experience
Financial Services
Representation of national, regional and local banks, lenders, a national credit reporting agency, furnishers, debt collectors, background screening companies, employers and other related consumer finance entities against claims in 325+ federal court cases under the Fair Credit Reporting Act, the Fair Debt Collections Practices Act, the Equal Credit Opportunity Act, state consumer protection acts as well as state common law (e.g., libel, credit defamation and negligence).
Successful defense as lead counsel for publicly traded Fortune 1000 company in early dismissal of class action lawsuit brought under the Fair Credit Reporting Act and Equal Credit Opportunity Act.
Lead counsel for national used car lender against class action lawsuit brought under the Fair Credit Reporting Act and the Equal Credit Opportunity Act, including implementation and handling of class settlement with oversight by the Court.
Representation of national data management company in class action lawsuit under the Federal Credit Reporting Act involving employee background checks related to the mailing of preliminary adverse action notice and taking of final adverse action against a job applicant and related individual actions.
Representation as local co-counsel for national law firm in successful motion to transfer venue of class action lawsuit against credit reporting agency for claims under the Fair Credit Reporting Act relating to reporting of credit limits by large credit card provider.
Defense of national used car lender in litigation around the country for consumer-related claims.
Advising publicly traded Fortune 1000 company on consumer credit compliance and policy issues.
Experience with Federal Trade Commission’s Red Flags Rule aimed at curbing identity theft.
Commercial Litigation
Litigation experience as lead counsel in 150+ cases in United States District Courts, particularly in the Eastern District of Virginia in wide variety of claims based upon the United States Constitution, federal statutes or diversity jurisdiction.
Representing businesses and individuals in hundreds of disputes involving a wide range of commercial issues, including abstention, abuse of process, assault and battery, attorney-client privilege, attorney’s fees, bad faith claims, business torts, civil conspiracy, contracts, contribution, defamation, federal court removal, fiduciary duties, fraud and misrepresentation, indemnity, infliction of emotional distress, insurance, invasion of privacy, legal malpractice, liquidated damages, malicious prosecution, negligence, personal injury, preemption, products liability, punitive damages, real property, shareholder rights, slander, tortious interference and trusts and estates.
Regular participation in all phases of alternative dispute resolution before the American Arbitration Association and other groups, including the mediation and arbitration of disputes.
Speaking Engagements and Publications
Financial Services
Anthony, David N., “Privacy Litigation Trends - 2009,” May 21, 2009.
Anthony, David N., Erin S. Whaley, and Paige S. Fitzgerald, “Red Flags Rule Protects Patients: FTC Rule on Identity Theft Impacts Providers,” Coding Edge, February 2009.
Anthony, David N., "Consumer Credit Issues that Matter to Every Business," Business Law Bulletin of Virginia, September 10, 2008.
Anthony, David N. & Matt Kirsner, “Red Flag or Red Herring: How to Develop and Implement an Identity Theft Protection Program,” August 20, 2008.
Consumer Financial Protection Bureau
Co-Author,“Extending CFPB Supervision To Nonbanks,” Law360, January 6, 2012.
Author, “Obama Appoints Cordray, but CFPB Battle Not Over," SNL Financial, January 4, 2012.
“GOP Senators Block Bid of Consumer Agency Nominee ,” Los Angeles Times, December 8, 2011.
Co-Author, “The CFPB’s Authority to Regulate ‘Abusive’ Consumer Financial Products and Services,” published in Bureau of National Affairs (BNA), Securities Regulation & Law Report, December 2011.
“Securities Lawyers Praise CFPB Plans to Warn Enforcement Targets ,” The National Law Journal, November 9, 2011
“The Consumer Financial Protection Bureau (CFPB): The New World Order,” American Conference Institute, September 20, 2011
“Those Scary New Kids on the Block ,” Corporate Counsel on Law.com, August 29, 2011
Anthony, David N., “The Consumer Financial Protection Bureau and the Debt Collection Industry: A New Cop on the Beat,” Credit and Collection News Conference – Collection Agency Consortium, August 18, 2011.
Anthony, David N., and Ashley L. Taylor, Jr., “The Consumer Financial Protection Bureau and the State Attorneys General: A Force Multiplier in Consumer Protection Matters,” Bloomberg Law Reports, May 25, 2011.
Commercial Litigation
Anthony, David N. and Timothy J. St. George, “Business Litigation in Virginia: The Year in Review: 2010 and Early 2011,” Virginia CLE, September 15, 2011.
“Q&A with Troutman Sanders’ David Anthony,” Law360, August 11, 2011
Anthony, David N. & Timothy J. St. George, "Common Law and Statutory Business Conspiracy - What They Are...Aren't," Virginia CLE, January 25, 2011.
Anthony, David N., Hon. Dennis W Dohnal (United States Magistrate for the Eastern District of Virginia, Richmond Division), Hon. Beverly W. Snukal (Circuit Court Judge for the City of Richmond) & Hon. Barbara J. Gaden (General District Judge for the City of Richmond), "To Whom Should I Make Out the Check? Avoiding Sanctions in State and Federal Courts," Richmond Bar Associations Bench-Bar Conference, October 21, 2010.
Anthony, David N., Timothy J. St. George, and Hon. Dennis W. Dohnal, CLE Seminar Materials, “Sanctions in the United States Court of Appeals for the Fourth Circuit and the United States District Courts for the Eastern and Western Districts of Virginia,” October 2010.
Anthony, David N., Timothy J. St. George, Maya M. Eckstein and Hon. Robert E. Payne (United States District Judge for the Eastern District of Virginia, Richmond, Division), CLE Seminar, "Procedural Issues in Civil Litigation in the Richmond Division of the Rocket Docket," September 29, 2010.
Anthony, David N. & Timothy J. St. George, "'Plausibility' Pleading After Twombly and Iqbal," published in American Bar Association (ABA) and the American Law Institute's (ALI) The Practical Litigator, July 2010.
Anthony, David N., Timothy J. St. George and Robert M. Luck, III, "Court Gives Guidance on Inadvertent Waivers," published in Virginia Lawyers Weekly, June 28, 2010.
Anthony, David N., Timothy J. St. George and Robert M. Luck, III, “Business Litigation in Virginia: The Year in Review: 2009 and Early 2010,” Virginia CLE, May 20, 2010.
Anthony, David N., et al., “From Cradle to Grave: Regulatory Investigations Which Beget Complex Business Litigation,” Washington Metropolitan (WMACCA) Chapter of the Association of Corporate Counsel, May 18, 2009.
Anthony, David N., “Business Litigation in Virginia: The Year in Review: 2008 and Early 2009,” Virginia CLE, April 2, 2009.
Anthony, David N., Christopher G. Cwalina & Jeffrey L. Stredler, “Success with the Corporate Client in Business Litigation: Insights from In-House Counsel,” Virginia CLE, April 2, 2009.
Anthony, David N., Megan C. Rahman and Andrea M. Sullivan, “Hiss v. Friedberg: An Exception to the American Rule Barring an Award of Attorney’s Fees,” published in XIII VSB Litigation News 9, Spring 2009.
Anthony, David N. & Megan C. Rahman, “Civil Conspiracy: An Analysis of Common Law And Statutory Business Conspiracy Claims Under Virginia Law,” published in XXXV VBA News Journal, October/November 2008.
Anthony, David N., "Business Litigation in Virginia: The Year-in-Review: 2007 (and Early 2008),” Virginia CLE, April 10, 2008.
Anthony, David N., “Tortious Interference with Contract or Business Expectancy: An Overview of Virginia Law," published in XXXII VBA News Journal, October/November 2006.
Anthony, David N., "Massie v. Firmstone: Limiting Parties From Rising Above Their Own Evidence," published in XXX VBA News Journal, October 2004.
Anthony, David N. & R. Johan Conrod, Jr., “Venue in Virginia: Putting the ‘Where’ in Wherefore," published in XXIX VBA News Journal 14, September 2003.
Civil Rights and Employment
"Trying and Defending 42 USC Section 1983 Claims," Virginia CLE, May 1, 2003.
Anthony, David N. & Shepherd D. Wainger, "Sovereign Immunity in Virginia: Alive and Well in the 21st Century," published in XI J. of Local Government Law, June 5, 2001.
Anthony, David N. & Beth V. McMahon, ”Sovereign Immunity: Can the King Still Do No Wrong," published in 48 Virginia Lawyer, April 14, 2000.
Legal Ethics
Ethical Issues for Business Lawyers, Virginia CLE, 2003-2009.
Ethical Issues for Corporate Counsel, February 12, 2009.
Anthony, David N., et al., “Electronic Communications & Discovery: Ethics and Confidentiality Issues,” Metropolitan Richmond Women’s Bar Association, October 3, 2007.
Ethics and Professionalism – Key Discovery Principles, Virginia CLE, March 22, 2006.
“Pre-Flight Check”: Conflict of Interest Issues for the Employment Lawyer, 13th Annual Employment Law Update, Virginia CLE, May 18, 2004.
Public Service
Greater Richmond Stop Child Abuse Now (SCAN), Board of Directors, 2003-2009.
Hospital Hospitality House, Board of Directors, 2003-2008.
Richmond Ballpark Initiative, Board member (non-profit civic group seeking to relocate minor league ballpark to downtown Richmond).
Leadership Metro Richmond, Class of 2004 (community leadership development program).
Recipient, Pro Bono Award, Norfolk-Portsmouth Bar Association, 1994 (for organizing and running Pro Bono Hotline in which volunteer attorneys assisted the Tidewater Legal Aid Society).