Overview

David A. Hickerson is a litigation partner in the Washington, D.C. office of Foley & Lardner LLP.  Mr. Hickerson has more than 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, appeals and international arbitrations, and has significant experience in conducting internal investigations and defending clients in government enforcement proceedings.  He is a member of the firm’s Government Enforcement Defense & Investigations and IP Litigation Practices, as well as Foley’s Criminal Antitrust Team.

A primary focus of Mr. Hickerson’s practice is on international litigation and international arbitration matters.  He is head of Foley’s ITC Section 337 practice, and is a member of the International Trade Commission Trial Lawyers Association.  He is also a member of Foley’s International Arbitration team and the ABA’s International Arbitration subcommittee.

Representative Experience

  • Represented Hong Kong technology company in arbitration before the International Center for Dispute Resolution (ICDR).
  • Represented several national retailers in consumer class actions concerning marketing of over-the-counter drugs.
  • Represented company in internal investigation and DOJ proceedings in criminal antitrust matter.
  • Represented Complainant in ITC Investigation, Certain Interactive Fitness Products Including Stationary Exercise Bikes, Treadmills, Elliptical Machines, and Rowing Machines and Components Thereof, 337-TA-1310.
  • Represented Respondent in ITC Investigation, Certain Electronic Exercise Systems, Stationary Bicycles and Components Thereof and Products Including Same, 337-TA-1305.
  • Represented Complainant in ITC Investigation, Certain UMTS and LTE Cellular Communication Modules and Products Containing the Same, 337-TA-1240.
  • Represented Respondent in ITC Investigation, Certain Light-Emitting Diode Products, Fixtures, and Components Thereof, 337-TA-1213.
  • Represented Complainant in ITC Investigation, Certain Wearable Monitoring Devices, Systems, and Components Thereof, 337-TA-1190.
  • Represented Respondent in ITC Investigation, Certain Multi-Stage Fuel Vapor Canister Systems and Activated Carbon Components Thereof, 337-TA-1140.
  • Represented pharmaceutical companies as complainants in ITC  Investigation, in Certain Potassium Chloride Powder Products, 337-TA-1013.
  • Represented respondent Broadcom in ITC  Investigation, Certain Semiconductor Devices, Semiconductor Device Packages, and products containing same, 337-TA-1010.
  • Represented respondent in ITC  Investigation, Certain Computing or Graphics Systems, Components thereof, and Vehicles containing same, 337-TA-984.
  • Represented petitioners in successful ruling requests before U.S. Customs and Border Protection (CBP) regarding scope of ITC Section 337 exclusion orders.
  • Represented Japanese executives in auto parts criminal antitrust investigation by the Department of Justice.
  • Represented 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.
  • Represented large Japanese consumer electronics manufacturer in ITC Section 337 investigation.
  • Represented European automobile manufacturer in ITC Section 337 investigation.
  • Represented a company in investigation by U.S. Customs and Border Protection (CBP) for alleged Office of Foreign Asset Controls (OFAC) violations, which was resolved with no charges brought and no penalties.
  • Represented company in making voluntary disclosure to Directorate of Defense Trade Controls (DDTC) for alleged ITAR violations, which was resolved with no charges brought and no penalties.
  • Represented UK company with worldwide subsidiaries in a criminal proceeding under the International Traffic in Arms Regulations (ITAR), which was resolved in favor of client with no criminal charges.
  • Represented client in a high profile international tax case, which was fully conceded by the IRS after five years of litigation.
  • Represented Republic of Ecuador in an international arbitration under the Canada – Ecuador Bilateral Investment Treaty, prevailing on all claims in a $75 million dispute.

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 and the State of Virginia; 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.