David L. Balser

CLASS ACTIONS

• Defending General Motors in MDL and multiple State Attorney General lawsuits related to collection of driving data via the On Star and Smart Driver programs.
• Defending Capital One in multiple class actions in the Eastern District of Virginia "rocket docket" relating to interest rates on savings accounts, forfeiture of credit card rewards, and the Capital One Shopping browser extension.

High stakes Commercial Litigation

• Lead trial counsel for an international airline and several senior executives in a lawsuit seeking over $1 billion in damages for alleged misappropriation of trade secrets.
• Representing Sea Island Company in “bet-the-company” litigation challenging Sea Island’s private ownership of the roads on Sea Island, Georgia, including the causeway connecting Sea Island, Georgia to St. Simons Island.

OTHER NOTABLE MATTERS

Data Security Litigation

• Defended Equifax as lead counsel in ground-breaking MDL comprising more than 300 class actions arising from the largest data breach in U.S. history, affecting more than 300 million U.S. citizens.
• Defended Capital One as lead counsel in more than 60 consumer class actions relating to a data security incident involving approximately 100 million U.S. consumers.
• Successfully defended an international airline in a series of consumer class actions arising from a cybersecurity incident involving a third-party vendor.
• Representing DaVita Inc. in consolidated class actions arising from an April 2024 ransomware attack and data breach in Colorado federal court.

David Balser defends class actions and tries high-stakes cases on behalf of Fortune 500 companies and other leading businesses in the financial services, energy, transportation, technology, 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.  

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.