David L. Balser

CURRENT SIGNIFICANT MATTERS

• 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 relating to interest rates on savings accounts, forfeiture of credit card rewards, the Capital One Offers program, and the Capital One Shopping browser extension.
• 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 Privacy Litigation

• Defended Equifax as lead counsel in ground-breaking MDL comprising more than 300 class actions arising from the largest data security incident in U.S. history, affecting approximately 147 million U.S. consumers.
• 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.
• Successfully represented DaVita, Inc. in data privacy class action related to use of “meta-pixel.”.
• Obtained dismissal of consumer class actions for Novant Health, Inc. alleging failure to adequately safeguard patients’ personal information in “meta-pixel” cases.
• Obtained dismissal of putative class action against Shutterfly, LLC arising from a ransomware attack.

Class Actions

• Defending an international airline in a putative class action lawsuit in the Central District of California involving allegations of “greenwashing” relating to carbon neutrality.
• 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 Southern Company in a high-stakes putative class action in Cook County (Ill.) Chancery Court asserting purported violations of the Illinois Consumer Fraud Act.
• 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.
• Prevailed on Rule 23(f) petition to 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.
• Successfully defended Emory University in a COVID-19 related class action seeking tuition refunds, including prevailing on a Rule 23(f) petition to the 11th Circuit vacating the district court’s class certification ruling.
• Reached a favorable resolution for an international airline in a COVID-19 related class action seeking ticket refunds.

High Stakes Commercial Litigation

• Representing Southern Company in alleged antitrust wage-fixing class action concerning employees in the nuclear industry.
• Led the defense of “bet-the-company” litigation for SCANA Corporation regarding the abandonment of its $3.2 billion new nuclear development in South Carolina, including ratepayer class actions, derivative claims, federal securities class actions, and state and federal governmental investigations.
• Served as lead counsel for SCANA in a 15-day evidentiary proceeding before the South Carolina Public Service Commission, achieving complete victory permitting the closing of SCANA’s $14.6 billion merger with Dominion Energy.
• Defended Georgia Power in $100 million contract dispute with co-owners of Plant Vogtle regarding construction costs for nuclear power Units 3 and 4.
• Lead counsel for Emory University in $390 million contract dispute over the purchase of Trinity Health System’s minority interest in St. Joseph’s Hospital, winning summary judgment for Emory and defeating Trinity’s claims for breach of contract and specific performance.
• 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, an independent sales organization.
• Represented AHS Residential, LLC, a Miami-based developer of multi-family housing across the U.S., in a $30 million breach of contract dispute involving an agreement to purchase 8.9 acres of land in suburban Atlanta.
• Served as lead counsel for AT&T in an international arbitration, achieving a complete victory by obtaining a world-wide injunction preventing a former Argentine AT&T executive from seeking to enforce a multi-million judgment procured against AT&T in Argentina.
• Served as lead trial counsel for a New York based hedge fund in a jury trial in Superior Court of Fulton County, obtaining a complete defense verdict and a verdict in his client’s favor on its counterclaims, preserving the client’s entire $85 million investment in a real estate joint venture.
• Served as lead trial counsel for Zac Brown, internationally acclaimed musician and leader of The Zac Brown Band, in trial in the United States District Court for the Northern District of Georgia, obtaining a permanent injunction in misappropriation of trade secrets case.
• 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 judgment in his client’s favor.

Law Firm Defense

• Defended more than a dozen AmLaw 200 firms against claims of legal malpractice, breach of fiduciary duty, and related claims, including a recent jury trial victory for an AmLaw 50 firm relating to tax advice in an M&A transaction.

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.