David L. Balser

Class Actions

• Defending General Motors in MDL proceedings and multiple State Attorney General actions related to collection of driving data via the On Star and Smart Driver programs.
• Defending Capital One in parallel consumer class action and regulatory actions alleging deceptive marketing and unfair practices related to interest rates on the bank’s 360 Savings and 360 Performance Savings products.
• Defended Capital One as lead counsel in over 60 consumer class actions relating to a data security incident announced in July 2019 involving approximately 100 million U.S. consumers. The firm obtained dismissal with prejudice of the al
• Defended Equifax as lead counsel in the MDL involving hundreds of consumer and financial institutions class actions filed in the wake of a high-profile 2017 data breach. After more than a year and a half of contentious litigation, Davi
• Defended an international airline in a series of consumer class actions that were filed following the 2018 announcement of a cybersecurity incident involving a third-party vendor. Two of the cases were dismissed with prejudice, and the
• Representing DaVita Inc. in a consolidated class actions arising from an April 2024 ransomware attack and data breach in Colorado federal court.
• Defending an international airline in a class action lawsuit in the Central District of California involving allegations of greenwashing and misrepresentation regarding the total environmental impact of its business operations and clai
• Obtained favorable settlement in securities class action for Tivity Health, Inc. and certain current and former directors and officers regarding its $1.3B acquisition of Nutrisystem. As lead trial counsel, David successfully excluded P
• Secured dismissal of a putative nationwide class action in the District of New Jersey against Heartland Payment Systems, a subsidiary of Global Payments, over alleged excessive merchant fees.
• Convinced the Ninth Circuit to vacate the certification of two nationwide classes in a Telephone Consumer Protection Act case against Benefytt Technologies Inc., an insurance technology company.
• Obtained dismissal of consumer class actions for Novant Health, Inc. alleging failure to adequately safeguard patients’ personally identifiable information and personal health information and allowed the improper and unauthorized trans
• Obtained dismissal of putative class action against Shutterfly, LLC arising from a ransomware attack bringing several claims, including under California’s Unfair Competition Laws and cause of action under the relatively new California
• Defend Emory University in a COVID-19 related class action seeking tuition refunds and obtained dismissal of the plaintiff's claims for breach of express contract and unjust enrichment.
• Reached a favorable settlement for an international airline in a COVID-19 related class action seeking ticket refunds.
• Defeated class certification and obtained summary judgment for an international airline in a class action in the Southern District of Florida alleging RICO and breach of contract claims relating to trip insurance.
• Defeated class certification in $300 million consumer class action on behalf of affiliates of The Southern Company in a long-running, high-stakes putative class action in Cook County (Ill.) Chancery Court asserting purported violations

Commercial Litigation and Other Disputes

• Representing an international airline and several senior executives in a lawsuit seeking $1 billion in damages for alleged misappropriation of trade secrets
• Representing Sea Island Company in “bet-the-company” challenging Sea Island’s private ownership of the roads on Sea Island, Georgia, including the causeway connecting Sea Island, Georgia to St. Simons Island.
• Representing a large nuclear power provider in alleged antitrust price-fixing class action.
• Led the defense of “bet-the-company” litigation for SCANA Corporation relating to the abandonment of SCANA’s new nuclear development at the V.C. Summer plant in South Carolina. David led multiple teams of King & Spalding lawyers in
• Defended Georgia Power in a contract dispute involving alleged obligations to cover certain construction costs associated with the Plant Vogtle nuclear power units per the terms of certain agreements that govern the co-owners’ rights a
• Prevailed on appeal on behalf of Global Payments Direct, Inc., a global financial technology services company, in the reversal of a $135 million verdict awarded by a jury in DeKalb County, Georgia, to Frontline Processing Corporation,
• Represented AHS Residential, LLC, a Miami-based company that builds and operates multi-family housing across the U.S., in a breach of contract dispute involving an agreement to purchase 8.9 acres of land out of a larger tract in suburb
• Served as lead counsel for AT&T in an international arbitration seeking to block enforcement of a multi-million dollar judgment obtained by a former executive in Argentina. In a complete victory, the arbitration panel, after an ext
• Served as lead trial counsel for a New York based hedge fund in a jury trial in Superior Court of Fulton County. The client’s entire $85 million investment in a real estate joint venture was at stake. David obtained a complete defense
• Served as lead trial counsel for an affiliate of Roark Capital, a leading private equity fund, in a trial in Delaware Chancery Court involving a post-acquisition tax dispute. David obtained a judgment in his client’s favor.
• Defended more than a dozen AmLaw 200 firms against claims of legal malpractice, breach of fiduciary duty, and related claims.

David Balser tries high-stakes cases on behalf of Fortune 500 companies and other leading businesses in the financial services, energy, transportation, professional services, and private equity sectors. A Fellow of the American College of Trial Lawyers, David is often called upon to handle clients’ most sensitive, complex, and enterprise-threatening matters. David focuses on contract disputes, business torts, class actions and professional liability litigation. 

Ranked by Chambers USA as a “Star Individual” for Commercial Litigation, David is praised by his peers and clients for his command of the courtroom and his leadership in bet-the-company cases:

• “He has a mastery of law, a commanding presence and a real strategic approach to litigation.”
• “He can be tough as nails but has great manner with clients. He's extraordinarily impressive.”
• “He is a bet-the-company litigator and a go-to. He might be the top bet-the-company litigator I've ever met.”
• “He's a trusted adviser through and through. David is a rockstar of a lawyer.”

David’s creativity and collaborative style have earned him accolades such as Distinguished Leader by the Daily Report in 2022, which praised his “proven track record of creativity and collaboration [that] sets him apart from the competition.” He has also been named a “Litigation Star” by Benchmark Litigation and honored as a BTI Client Service All-Star. David’s reputation, built on excellence, strategy, and client trust, makes him a go-to lawyer for the most complex and consequential litigation challenges. 

David is a leader in the firm’s nationwide class action practice and has defended more than 200 class actions, including many filed in the most plaintiff-friendly jurisdictions in the country. At the forefront of developing and litigating novel theories, David has been a trailblazer in shaping the evolving landscape of complex data breaches and has served as lead counsel on some of the most notable cases in U.S. history, including high-profile matters for Equifax and Capital One.