David J Wenthold


David J Wenthold


David Wenthold is committed to helping clients find creative arguments and solutions to complex litigation matters. He is an associate based in the Milwaukee office where he is a member of the Firm’s Business Litigation & Dispute Resolution Practice Group. David has briefed complex issues before both trial and appellate courts.

David has extensive clerkship experience in the federal court system. He served as a law clerk for three federal judges: Judge N. Randy Smith (United States Court of Appeals for the Ninth Circuit), Judge Amul Thapar (United States Court of Appeals for the Sixth Circuit), and Judge Benjamin Beaton (United States District Court for the Western District of Kentucky). While in law school, David served as a law clerk for the Wisconsin Institute for Law & Liberty, a judicial intern for then-Judge Brian Hagedorn on the Wisconsin Court of Appeals, and a legal intern for the Office of the Wisconsin Solicitor General.

Representative Experience

  • Defended the City of Milwaukee in the Eastern District of Wisconsin against a False Claims Act suit concerning the City’s administration of federal housing grants, obtaining dismissal of relators’ claims with prejudice.
  • Defended and obtained judgment on appeal in the United States Court of Appeals for the Eleventh Circuit in favor of a client in False Claims Act suit.
  • Successfully defended against remand and dismissal motions in the District of Hawaii.


  • Member of the Federalist Society

Presentations and Publications

  • Author, “Murr and Wisconsin: The Badger State’s Take on Regulatory Takings,” 102 MARQ. L. REV. 261 (2018)
27 November 2023 Manufacturing Industry Advisor

Leveraging the International Labor Organization’s Forced-Labor Indicators to Eradicate Forced Labor from Supply Chains

The United States Customs and Border Protection prioritizes enforcing rules against the use of forced labor and human trafficking.
01 November 2023 Deals and Wins

Foley Wins Dismissal for City of Milwaukee in FCA Suit

Foley & Lardner LLP represented the City of Milwaukee in winning dismissal of a False Claims Act suit in which a pair of relators alleged that the city, county, and housing authority of Milwaukee falsely certified compliance with anti-discrimination and housing laws to receive government funding.
01 September 2023 Manufacturing Industry Advisor

Seventh Circuit Revives Franchise No-Poach Case, Holds Per Se Treatment Possible

A recent opinion by the U.S. Court of Appeals for the Seventh Circuit reinstates allegations against McDonald’s that no-poach provisions in the company’s franchise agreements violate the antitrust laws, holding that such provisions may be per se illegal.
07 June 2023 Manufacturing Industry Advisor

What Every Multinational Company Should Know About...Supply Chain Integrity

Both enforcement agencies and consumers increasingly are focused on manufacturers’ supply chains. Human rights enforcement frameworks increasingly have real teeth.
19 April 2023 Deals and Wins

Foley Wins Motion to Dismiss for City of Milwaukee in FCA Suit

Foley & Lardner LLP represented the City of Milwaukee in prevailing in a motion to dismiss a False Claims Act suit.
29 March 2023 Manufacturing Industry Advisor

Keeping the “S” in ESG: Human Rights & Supply Chain

Companies in the manufacturing industry must continue to keep a close eye on the “S” in ESG. One key aspect of the “social” component of ESG involves respecting human rights in supply chains.