Overview

David A. Hickerson is a litigation partner in the Washington, D.C., office of Foley & Lardner LLP. Mr. Hickerson has three decades of experience representing clients before courts and federal agencies in government enforcement matters and civil and criminal litigation. Mr. Hickerson represents clients in all phases of disputes, including trials and appeals and has successfully represented clients in international arbitrations as well. He is a member of the firm’s Government Enforcement Defense & Investigations; Business Litigation & Dispute Resolution; and IP Litigation Practices.

Mr. Hickerson has significant experience in conducting internal investigations and defending clients in government enforcement proceedings, including matters arising under the Foreign Corrupt Practices Act (FCPA) and the International Traffic in Arms Regulations (ITAR). Mr. Hickerson has significant experience in representing clients in complex, multi-forum litigation. He is a member of the International Trade Commission Trial Lawyers Association, where he has represented numerous clients in Section 337 intellectual property-based investigations.

Prior to joining Foley, Mr. Hickerson was a partner with Weil, Gotshal & Manges.

Representative Experience

  • Representing pharmaceutical companies as complainants in ITC Section 337 Investigation, in the matter of certain potassium chloride powder products, 337-TA-1013.
  • Representing respondent Broadcom in ITC Section 337 Investigation, in the matter of certain semiconductor devices, semiconductor device packages, and products containing same, 337-TA-1010.
  • Represented respondent Renesas in ITC Section 337 Investigation, in the matter of certain computing or graphics systems, components thereof, and vehicles containing same, 337-TA-984.
  • Represented petitioner in successful ruling request before U.S. Customs and Border Protection (CBP) regarding scope of ITC 337 exclusion order.
  • Conducted internal investigation for hospital organization that was the victim of a multi-million dollar fraud scheme. 
  • Conducted internal investigation for national health care organization concerning false billing allegations.
  • Representation of Japanese executives in the auto parts criminal antitrust investigation by the Department of Justice.
  • Representation of the Japanese Steel Industry in an antidumping investigation.
  • Representation of officers of a public company in breach of fiduciary duty lawsuit brought by bankruptcy trustee and parallel criminal proceedings; civil consumer MDL class action litigation; ERISA breach of fiduciary duty class action; and SEC investigations. 
  • Representation of large Japanese consumer electronics manufacturer in ITC Section 337 investigation.
  • Representation of automobile manufacturer in ITC Section 337 investigation.
  • Representation of officers of a company in lawsuit brought by a bankruptcy trustee alleging fraud and breach of fiduciary duty.
  • Representation of a company in investigation by U.S. Customs and Border Protection (CBP) for alleged Office of Foreign Asset Controls (OFAC) violations. Matter resolved with no charges brought and no penalties.
  • Representation of company in making voluntary disclosure to Directorate of Defense Trade Controls (DDTC) for alleged ITAR violations. Matter resolved with no charges brought and no penalties.
  • Representation of company in USDA debarment proceedings. Successfully overturned debarment order.
  • Representation of a company in a criminal tax proceeding. Obtained a deferred prosecution agreement on behalf of client.
  • Representation of a European company with worldwide subsidiaries in a criminal proceeding under the International Traffic in Arms Regulations (ITAR). The matter was resolved in favor of client with no criminal charges.
  • Representation of a client in a high profile international tax case, which was fully conceded by the IRS after five years of litigation. This victory resulted in savings of tax and interest for the client of over $150 million.
  • Representation of the Republic of Ecuador in an international arbitration under the Canada – Ecuador Bilateral Investment Treaty, prevailing on all claims in a $75 million dispute.
  • Lead litigator for Armstrong World Enterprises in obtaining summary judgment in a victory in a $56 million dispute in the client’s Chapter 11 proceeding.
  • Lead litigator in obtaining the complete dismissal of a $360 million constructive trust claim brought by a group of banks against Enron Chapter 11 Estate.
  • Representation of Enron Chapter 11 Estate in obtaining the dismissal of a $220 million constructive trust claim brought by the state of Connecticut.
  • Lead litigator for the petitioner in a Section 337 intellectual property case before the International Trade Commission and obtained exclusion orders against or settlements with all eight respondents.

Recognition

Mr. Hickerson has been recognized by Chambers Global – The World’s Leading Lawyers for Business and Chambers USA – America’s Leading Lawyers for Business in the field of International Trade: Intellectual Property.

Education

Mr. Hickerson graduated, magna cum laude, from the University of Michigan Law School in 1987, where he was elected to the Order of the Coif and served as an editor on the Michigan Law Review. He received his B.A., magna cum laude, from Vanderbilt University in 1983.

Admissions

Mr. Hickerson is admitted to practice in the District of Columbia, the State of Virginia, and before the United States Supreme Court; the United States Courts of Appeals for the First, Third, Fourth, Ninth, Tenth, District of Columbia, and Federal Circuits; the United States District Courts for the District of Columbia, the Eastern District of Virginia, and the District of Colorado; the United States Tax Court; and the United States Court of Federal Claims.