David M. Lucey



David Lucey is a partner and litigation lawyer with Foley & Lardner LLP. Mr. Lucey focuses on the areas of commercial and intellectual property litigation. His trial practice encompasses commercial and corporate disputes across a wide spectrum, including both pursuing and defending claims of unfair competition, noncompete agreement enforcement, and trade secret misappropriation, as well as significant representation of publishers, news organizations, and advertisers in matters involving defamation, false advertising and First Amendment rights.

In 2009, Mr. Lucey led a team of Foley lawyers that won a $30 million jury verdict for a major Foley client in the paper industry. The breach-of-contract action focused on the purchase and installation of complex manufacturing equipment. Litigating this case against a multi-national supplier required careful study of the engineering details of the equipment and its installation, analysis of thousands of documents translated from German, and depositions of German-speaking witnesses in locations across Europe.

Thought Leadership

Supplementing his litigation practice, Mr. Lucey has written and spoken extensively on the subjects of noncompete agreement enforcement and trade secret protection. He authors and updates chapters on these topics as they arise in distribution and franchise relationships, see Foley’s Product Distribution Guide § 2.24 (CCH 2009), and in the employment context, see State Bar of Wisconsin, Wisconsin Employment Law Ch. 15 (2010). Mr. Lucey has litigated and provided counsel on these issues for clients in the health care, architecture, engineering, accounting and finance professions, and in industries ranging from metal and paper recycling to paper, plastics and equipment manufacturing, and from insurance and real estate brokerage to medical and dental equipment distribution.


Mr. Lucey has been Peer Review Rated as AV® Preeminent™, the highest performance rating in Martindale-Hubbell's peer review rating system. He currently serves as a director of Capitol West Academy (a Milwaukee charter school). He also has served as a director of other charitable organizations and was a member of the Milwaukee School Board from 1991-1995. He won the State Bar of Wisconsin's Pro Bono Award in 1989 and a Special Service Award from the Milwaukee Young Lawyer's Association in 1987-88.


Mr. Lucey graduated from Harvard University (A.B., history, 1977), and the University of Chicago (J.D., 1983), where he was a member of the University of Chicago Law Review. Immediately after law school, he served as a law clerk to the Hon. Pamela Ann Rymer, then a U.S. District Judge from the Central District of California.


Mr. Lucey is admitted to practice in the State of Wisconsin, and before the U.S. District Courts for the Eastern and Western Districts of Wisconsin and the U.S. Seventh Circuit Court of Appeals. He has argued cases in the Seventh Circuit and the Wisconsin Supreme Court, and in trial courts from Alabama to Minnesota.