David is an experienced trial attorney with a concentration in consumer credit, privacy, financial institutions and business disputes, including class actions.  He has developed an expertise in federal court litigation.

Representative Experience
Consumer Credit and Privacy
Representation of a national credit reporting agency, furnishers, national banks, lenders and other related consumer finance entities against claims in 300+ federal court cases under the Fair Credit Reporting Act, the Fair Debt Collections Practices Act, the Equal Credit Opportunity Act, the Virginia Consumer Protection Act 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, fraud and misrepresentation, fiduciary duties, 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
Consumer Credit and Privacy
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

Commercial Litigation
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, Octobert/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

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)