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David is often called upon to handle clients\u0026rsquo; most sensitive, complex, and enterprise-threatening matters. A Fellow of the American College of Trial Lawyers, David focuses on contract disputes, business torts, class actions and professional liability litigation.\u0026nbsp;\u003c/p\u003e\n\u003cp\u003eRanked by \u003cem\u003eChambers USA\u003c/em\u003e as a \u0026ldquo;Star Individual\u0026rdquo; 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:\u003c/p\u003e\n\u003cul\u003e\n\u003cli\u003e\u0026nbsp;\u0026ldquo;\u003cem\u003eHe is the preeminent class action lawyer in town. On his feet he's amazing, he's every bit as good as the best\u003c/em\u003e.\u0026rdquo;\u003c/li\u003e\n\u003cli\u003e\u0026ldquo;\u003cem\u003eHe has a mastery of law, a commanding presence and a real strategic approach to litigation\u003c/em\u003e.\u0026rdquo;\u003c/li\u003e\n\u003cli\u003e\u0026ldquo;\u003cem\u003eHe can be tough as nails, but has great manner with clients. He's extraordinarily impressive\u003c/em\u003e.\u0026rdquo;\u003c/li\u003e\n\u003cli\u003e\u0026ldquo;\u003cem\u003eHe is a bet-the-company litigator and a go-to. He might be the top bet-the-company litigator I've ever met\u003c/em\u003e.\u0026rdquo;\u003c/li\u003e\n\u003cli\u003e\u0026ldquo;\u003cem\u003eHe's a trusted adviser through and through. David is a rockstar of a lawyer.\u003c/em\u003e\u0026rdquo;\u003c/li\u003e\n\u003c/ul\u003e\n\u003cp\u003eDavid\u0026rsquo;s creativity and collaborative style have earned him accolades such as\u0026nbsp;\u003cem\u003eDistinguished Leader\u003c/em\u003e\u0026nbsp;by the\u0026nbsp;\u003cem\u003eDaily Report \u003c/em\u003ein 2022, which praised his \u0026ldquo;\u003cem\u003eproven track record of creativity and collaboration [that] sets him apart from the competition.\u003c/em\u003e\u0026rdquo; He has also been named a \u0026ldquo;Litigation Star\u0026rdquo; by\u0026nbsp;\u003cem\u003eBenchmark Litigation\u003c/em\u003e and honored as a\u0026nbsp;\u003cem\u003eBTI Client Service All-Star\u003c/em\u003e. David\u0026rsquo;s reputation, built on excellence, strategy, and client trust, makes him a go-to lawyer for the most complex and consequential litigation challenges.\u0026nbsp;[[--readmore--]]\u003c/p\u003e\n\u003cp\u003eDavid leads the firm\u0026rsquo;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\u0026nbsp;litigating novel theories, David has been a trailblazer in shaping the evolving landscape\u0026nbsp;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.\u003c/p\u003e\n\u003cp\u003e\u0026nbsp;\u003c/p\u003e","slug":"david-balser","email":"dbalser@kslaw.com","phone":null,"matters":["\u003cp\u003e\u003cstrong\u003eClass Actions\u003c/strong\u003e\u003c/p\u003e","\u003cp\u003eCurrently defending\u0026nbsp;\u003cstrong\u003eCapital One\u003c/strong\u003e\u0026nbsp;in parallel consumer class action and regulatory actions alleging deceptive marketing and unfair practices related to interest rates on the bank\u0026rsquo;s 360 Savings and 360 Performance Savings products.\u003c/p\u003e","\u003cp\u003eDefended\u0026nbsp;\u003cstrong\u003eCapital One\u003c/strong\u003e\u0026nbsp;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 alleged RICO claims and led the defense of the litigation through fact and expert discovery, class certification, Daubert briefing, and summary judgment briefing. Our work included litigating numerous privilege disputes, including successfully protecting a privileged root cause investigation report. Most recently, the firm negotiated a $190 million class action settlement, which was approved and resolved all of the consumer claims against Capital One and codefendant Amazon Web Services.\u003c/p\u003e","\u003cp\u003eDefended\u0026nbsp;\u003cstrong\u003eEquifax\u003c/strong\u003e\u0026nbsp;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, David led the negotiation of a class action settlement to resolve the claims of approximately 147 million U.S. consumers. David successfully defended the settlement on appeal to the 11th Circuit.\u003c/p\u003e","\u003cp\u003eDefended\u0026nbsp;\u003cstrong\u003ean international airline\u003c/strong\u003e\u0026nbsp;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 plaintiff in the third case discontinued the lawsuit.\u003c/p\u003e","\u003cp\u003eRepresenting\u0026nbsp;\u003cstrong\u003eDaVita Inc.\u003c/strong\u003e\u0026nbsp;in a consolidated class actions arising from an April 2024 ransomware attack and data breach in Colorado federal court.\u003c/p\u003e","\u003cp\u003eDefending\u0026nbsp;\u003cstrong\u003ean international airline\u0026nbsp;\u003c/strong\u003ein 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 claims of carbon neutrality.\u003c/p\u003e","\u003cp\u003eObtained favorable settlement in securities class action for\u0026nbsp;\u003cstrong\u003eTivity Health, Inc.\u003c/strong\u003e\u0026nbsp;and certain current and former directors and officers regarding its $1.3B acquisition of Nutrisystem. As lead trial counsel, David successfully excluded Plaintiff\u0026rsquo;s key expert in a Daubert hearing, significantly weakening the case and securing a highly favorable settlement on the eve of trial.\u003c/p\u003e","\u003cp\u003eSecured dismissal of a putative nationwide class action in the District of New Jersey against\u0026nbsp;\u003cstrong\u003eHeartland Payment Systems\u003c/strong\u003e, a subsidiary of Global Payments, over alleged excessive merchant fees.\u003c/p\u003e","\u003cp\u003eConvinced the Ninth Circuit to vacate the certification of two nationwide classes in a Telephone Consumer Protection Act case against\u0026nbsp;\u003cstrong\u003eBenefytt Technologies Inc.\u003c/strong\u003e, an insurance technology company.\u003c/p\u003e","\u003cp\u003eObtained dismissal of consumer class actions for\u0026nbsp;\u003cstrong\u003eNovant Health, Inc.\u0026nbsp;\u003c/strong\u003ealleging failure to adequately safeguard patients\u0026rsquo; personally identifiable information and personal health information and allowed the improper and unauthorized transmission of PII and PHI to Meta (formerly known as Facebook) as a result of Novant\u0026rsquo;s use of the Meta tracking pixel on Novant\u0026rsquo;s website.\u003c/p\u003e","\u003cp\u003eObtained dismissal of putative class action against\u0026nbsp;\u003cstrong\u003eShutterfly, LLC\u003c/strong\u003e\u0026nbsp;arising from a ransomware attack bringing several claims, including under California\u0026rsquo;s Unfair Competition Laws and cause of action under the relatively new California Consumer Privacy Act.\u003c/p\u003e","\u003cp\u003eDefend\u0026nbsp;\u003cstrong\u003eEmory University\u003c/strong\u003e\u0026nbsp;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.\u003c/p\u003e","\u003cp\u003eReached a favorable settlement for\u0026nbsp;\u003cstrong\u003ean international airline\u003c/strong\u003e\u0026nbsp;in a COVID-19 related class action seeking ticket refunds.\u003c/p\u003e","\u003cp\u003eDefeated class certification and obtained summary judgment for\u0026nbsp;\u003cstrong\u003ean international airline\u0026nbsp;\u003c/strong\u003ein a class action in the Southern District of Florida alleging RICO and breach of contract claims relating to trip insurance.\u003c/p\u003e","\u003cp\u003eDefeated class certification in $300 million consumer class action on behalf of\u0026nbsp;\u003cstrong\u003eaffiliates of The Southern Company\u003c/strong\u003e\u0026nbsp;in a long-running, high-stakes putative class action in Cook County (Ill.) Chancery Court asserting purported violations of the Illinois Consumer Fraud Act.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003eCommercial Litigation and Other Disputes\u003c/strong\u003e\u003c/p\u003e","\u003cp\u003eRepresenting\u0026nbsp;\u003cstrong\u003ean international airline\u003c/strong\u003e\u0026nbsp;and several senior executives in a lawsuit seeking $1 billion in damages for alleged misappropriation of trade secrets\u003c/p\u003e","\u003cp\u003eRepresenting\u0026nbsp;\u003cstrong\u003eSea Island Company\u0026nbsp;\u003c/strong\u003ein \u0026ldquo;bet-the-company\u0026rdquo; challenging Sea Island\u0026rsquo;s private ownership of the roads on Sea Island, Georgia, including the causeway connecting Sea Island, Georgia to St. Simons Island.\u003c/p\u003e","\u003cp\u003eRepresenting\u0026nbsp;\u003cstrong\u003ea large nuclear power provider\u003c/strong\u003e\u0026nbsp;in alleged antitrust price-fixing class action.\u003c/p\u003e","\u003cp\u003eLed the defense of \u0026ldquo;bet-the-company\u0026rdquo; litigation for\u0026nbsp;\u003cstrong\u003eSCANA Corporation\u0026nbsp;\u003c/strong\u003erelating to the abandonment of SCANA\u0026rsquo;s new nuclear development at the V.C. Summer plant in South Carolina. David led multiple teams of King \u0026amp; Spalding lawyers in the defense of ratepayer class actions, derivative claims, federal securities class actions, and state and federal governmental investigations, as well as an expedited federal court injunction proceeding seeking to block implementation of confiscatory legislation targeting SCANA. David served as lead counsel for SCANA in a 15-day evidentiary proceeding before the South Carolina Public Service Commission in which multiple parties sought to block SCANA\u0026rsquo;s proposed $14.6 billion merger with Dominion Energy. SCANA achieved a complete victory in that matter, leading to the closing of the Dominion merger in January of 2019.\u003c/p\u003e","\u003cp\u003eDefended\u0026nbsp;\u003cstrong\u003eGeorgia Power\u0026nbsp;\u003c/strong\u003ein 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\u0026rsquo; rights and obligations with respect to the project.\u003c/p\u003e","\u003cp\u003ePrevailed on appeal on behalf of\u0026nbsp;\u003cstrong\u003eGlobal Payments Direct, Inc.\u003c/strong\u003e, 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. King \u0026amp; Spalding\u0026rsquo;s comprehensive challenge of the jury\u0026rsquo;s verdict staved off a \u0026ldquo;windfall\u0026rdquo; recovery under an unprecedented damages theory and reaffirmed the limits on consequential damages awards under Georgia law and represents a rare and important reversal of a jury verdict in Georgia.\u003c/p\u003e","\u003cp\u003eRepresented\u0026nbsp;\u003cstrong\u003eAHS Residential, LLC\u003c/strong\u003e, 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 suburban Atlanta called \u0026ldquo;Assembly Yards.\u0026rdquo;\u003c/p\u003e","\u003cp\u003eServed as lead counsel for\u0026nbsp;\u003cstrong\u003eAT\u0026amp;T\u003c/strong\u003e\u0026nbsp;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 extensive evidentiary hearing, issued a world-wide injunction preventing the former executive from seeking to enforce his judgment.\u003c/p\u003e","\u003cp\u003eServed as lead trial counsel for a\u0026nbsp;\u003cstrong\u003eNew York based hedge fund\u003c/strong\u003e\u0026nbsp;in a jury trial in Superior Court of Fulton County. The client\u0026rsquo;s entire $85 million investment in a real estate joint venture was at stake. David obtained a complete defense verdict and a verdict in his client\u0026rsquo;s favor on its counterclaims.\u003c/p\u003e","\u003cp\u003eServed as lead trial counsel for an\u0026nbsp;\u003cstrong\u003eaffiliate of Roark Capital\u003c/strong\u003e, 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\u0026rsquo;s favor.\u003c/p\u003e","\u003cp\u003eDefended more than a dozen\u0026nbsp;\u003cstrong\u003eAmLaw 200 firms\u003c/strong\u003e\u0026nbsp;against claims of legal malpractice, breach of fiduciary duty, and related claims.\u003c/p\u003e"],"taggings":{"tags":[],"meta_tags":[{"id":18}]},"expertise":[{"id":74,"guid":"74.capabilities","index":0,"source":"capabilities"},{"id":106,"guid":"106.capabilities","index":1,"source":"capabilities"},{"id":3,"guid":"3.capabilities","index":2,"source":"capabilities"},{"id":5,"guid":"5.capabilities","index":3,"source":"capabilities"},{"id":19,"guid":"19.capabilities","index":4,"source":"capabilities"},{"id":102,"guid":"102.capabilities","index":5,"source":"capabilities"},{"id":107,"guid":"107.capabilities","index":6,"source":"capabilities"},{"id":18,"guid":"18.capabilities","index":7,"source":"capabilities"},{"id":1256,"guid":"1256.smart_tags","index":8,"source":"smartTags"},{"id":114,"guid":"114.capabilities","index":9,"source":"capabilities"},{"id":1157,"guid":"1157.smart_tags","index":10,"source":"smartTags"},{"id":1176,"guid":"1176.smart_tags","index":11,"source":"smartTags"},{"id":120,"guid":"120.capabilities","index":12,"source":"capabilities"},{"id":1248,"guid":"1248.smart_tags","index":13,"source":"smartTags"},{"id":1256,"guid":"1256.smart_tags","index":14,"source":"smartTags"},{"id":1270,"guid":"1270.smart_tags","index":15,"source":"smartTags"},{"id":133,"guid":"133.capabilities","index":16,"source":"capabilities"},{"id":1243,"guid":"1243.smart_tags","index":17,"source":"smartTags"}],"is_active":true,"last_name":"Balser","nick_name":"David","clerkships":[{"name":"Law Clerk, Honorable Charles A. Moye, Jr., Chief Judge, U.S. District Court for the Northern District of Georgia","years_held":"1987-1989"}],"first_name":"David","title_rank":9999,"updated_by":202,"law_schools":[],"middle_name":"L.","name_suffix":"","recognitions":[{"title":"Band 1: Georgia: Commercial Litigation","detail":"Chambers USA, 2006 - PRESENT"},{"title":"“His proven track record of creativity and collaboration sets him apart from the competition.” ","detail":"DISTINGUISHED LEADER, DAILY REPORT, 2022"},{"title":"\"He is an excellent lawyer and a true workhorse. He is a go-to first chair trial lawyer.\" ","detail":"Chambers USA 2023"},{"title":"“He is top in class action litigation\"","detail":"CHAMBERS USA 2023"},{"title":"\"He's very strategic and thoughtful, but aggressive when necessary - he's not afraid of a fight.\"","detail":"CHAMBERS USA 2023"},{"title":"\"He's very solid in class actions, there's nobody better.”","detail":"CHAMBERS USA 2023"},{"title":"Recommend in Cyber Law (including Data Privacy and Data Protection)","detail":"THE LEGAL 500 UNITED STATES, 2022"},{"title":"“Bet the Company” Litigation, Commercial Litigation","detail":"Best Lawyers in America"},{"title":"U.S. “Litigation Star” ","detail":"Benchmark Litigation, 2018 - PRESENT"},{"title":"Top 100 Lawyers in Georgia","detail":"Georgia Super Lawyers, 2012–Present"},{"title":"2018 BTI Client Service All-Star","detail":"BTI, 2018"}],"linked_in_url":null,"seodescription":null,"primary_title_id":15,"translated_fields":{"en":{"bio":"\u003cp\u003eDavid Balser tries high-stakes cases on behalf of Fortune 500 companies and other leading businesses in the financial services, telecommunications, energy, transportation, professional services, and private equity sectors. David is often called upon to handle clients\u0026rsquo; most sensitive, complex, and enterprise-threatening matters. A Fellow of the American College of Trial Lawyers, David focuses on contract disputes, business torts, class actions and professional liability litigation.\u0026nbsp;\u003c/p\u003e\n\u003cp\u003eRanked by \u003cem\u003eChambers USA\u003c/em\u003e as a \u0026ldquo;Star Individual\u0026rdquo; 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:\u003c/p\u003e\n\u003cul\u003e\n\u003cli\u003e\u0026nbsp;\u0026ldquo;\u003cem\u003eHe is the preeminent class action lawyer in town. On his feet he's amazing, he's every bit as good as the best\u003c/em\u003e.\u0026rdquo;\u003c/li\u003e\n\u003cli\u003e\u0026ldquo;\u003cem\u003eHe has a mastery of law, a commanding presence and a real strategic approach to litigation\u003c/em\u003e.\u0026rdquo;\u003c/li\u003e\n\u003cli\u003e\u0026ldquo;\u003cem\u003eHe can be tough as nails, but has great manner with clients. He's extraordinarily impressive\u003c/em\u003e.\u0026rdquo;\u003c/li\u003e\n\u003cli\u003e\u0026ldquo;\u003cem\u003eHe is a bet-the-company litigator and a go-to. He might be the top bet-the-company litigator I've ever met\u003c/em\u003e.\u0026rdquo;\u003c/li\u003e\n\u003cli\u003e\u0026ldquo;\u003cem\u003eHe's a trusted adviser through and through. David is a rockstar of a lawyer.\u003c/em\u003e\u0026rdquo;\u003c/li\u003e\n\u003c/ul\u003e\n\u003cp\u003eDavid\u0026rsquo;s creativity and collaborative style have earned him accolades such as\u0026nbsp;\u003cem\u003eDistinguished Leader\u003c/em\u003e\u0026nbsp;by the\u0026nbsp;\u003cem\u003eDaily Report \u003c/em\u003ein 2022, which praised his \u0026ldquo;\u003cem\u003eproven track record of creativity and collaboration [that] sets him apart from the competition.\u003c/em\u003e\u0026rdquo; He has also been named a \u0026ldquo;Litigation Star\u0026rdquo; by\u0026nbsp;\u003cem\u003eBenchmark Litigation\u003c/em\u003e and honored as a\u0026nbsp;\u003cem\u003eBTI Client Service All-Star\u003c/em\u003e. David\u0026rsquo;s reputation, built on excellence, strategy, and client trust, makes him a go-to lawyer for the most complex and consequential litigation challenges.\u0026nbsp;[[--readmore--]]\u003c/p\u003e\n\u003cp\u003eDavid leads the firm\u0026rsquo;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\u0026nbsp;litigating novel theories, David has been a trailblazer in shaping the evolving landscape\u0026nbsp;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.\u003c/p\u003e\n\u003cp\u003e\u0026nbsp;\u003c/p\u003e","matters":["\u003cp\u003e\u003cstrong\u003eClass Actions\u003c/strong\u003e\u003c/p\u003e","\u003cp\u003eCurrently defending\u0026nbsp;\u003cstrong\u003eCapital One\u003c/strong\u003e\u0026nbsp;in parallel consumer class action and regulatory actions alleging deceptive marketing and unfair practices related to interest rates on the bank\u0026rsquo;s 360 Savings and 360 Performance Savings products.\u003c/p\u003e","\u003cp\u003eDefended\u0026nbsp;\u003cstrong\u003eCapital One\u003c/strong\u003e\u0026nbsp;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 alleged RICO claims and led the defense of the litigation through fact and expert discovery, class certification, Daubert briefing, and summary judgment briefing. Our work included litigating numerous privilege disputes, including successfully protecting a privileged root cause investigation report. Most recently, the firm negotiated a $190 million class action settlement, which was approved and resolved all of the consumer claims against Capital One and codefendant Amazon Web Services.\u003c/p\u003e","\u003cp\u003eDefended\u0026nbsp;\u003cstrong\u003eEquifax\u003c/strong\u003e\u0026nbsp;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, David led the negotiation of a class action settlement to resolve the claims of approximately 147 million U.S. consumers. David successfully defended the settlement on appeal to the 11th Circuit.\u003c/p\u003e","\u003cp\u003eDefended\u0026nbsp;\u003cstrong\u003ean international airline\u003c/strong\u003e\u0026nbsp;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 plaintiff in the third case discontinued the lawsuit.\u003c/p\u003e","\u003cp\u003eRepresenting\u0026nbsp;\u003cstrong\u003eDaVita Inc.\u003c/strong\u003e\u0026nbsp;in a consolidated class actions arising from an April 2024 ransomware attack and data breach in Colorado federal court.\u003c/p\u003e","\u003cp\u003eDefending\u0026nbsp;\u003cstrong\u003ean international airline\u0026nbsp;\u003c/strong\u003ein 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 claims of carbon neutrality.\u003c/p\u003e","\u003cp\u003eObtained favorable settlement in securities class action for\u0026nbsp;\u003cstrong\u003eTivity Health, Inc.\u003c/strong\u003e\u0026nbsp;and certain current and former directors and officers regarding its $1.3B acquisition of Nutrisystem. As lead trial counsel, David successfully excluded Plaintiff\u0026rsquo;s key expert in a Daubert hearing, significantly weakening the case and securing a highly favorable settlement on the eve of trial.\u003c/p\u003e","\u003cp\u003eSecured dismissal of a putative nationwide class action in the District of New Jersey against\u0026nbsp;\u003cstrong\u003eHeartland Payment Systems\u003c/strong\u003e, a subsidiary of Global Payments, over alleged excessive merchant fees.\u003c/p\u003e","\u003cp\u003eConvinced the Ninth Circuit to vacate the certification of two nationwide classes in a Telephone Consumer Protection Act case against\u0026nbsp;\u003cstrong\u003eBenefytt Technologies Inc.\u003c/strong\u003e, an insurance technology company.\u003c/p\u003e","\u003cp\u003eObtained dismissal of consumer class actions for\u0026nbsp;\u003cstrong\u003eNovant Health, Inc.\u0026nbsp;\u003c/strong\u003ealleging failure to adequately safeguard patients\u0026rsquo; personally identifiable information and personal health information and allowed the improper and unauthorized transmission of PII and PHI to Meta (formerly known as Facebook) as a result of Novant\u0026rsquo;s use of the Meta tracking pixel on Novant\u0026rsquo;s website.\u003c/p\u003e","\u003cp\u003eObtained dismissal of putative class action against\u0026nbsp;\u003cstrong\u003eShutterfly, LLC\u003c/strong\u003e\u0026nbsp;arising from a ransomware attack bringing several claims, including under California\u0026rsquo;s Unfair Competition Laws and cause of action under the relatively new California Consumer Privacy Act.\u003c/p\u003e","\u003cp\u003eDefend\u0026nbsp;\u003cstrong\u003eEmory University\u003c/strong\u003e\u0026nbsp;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.\u003c/p\u003e","\u003cp\u003eReached a favorable settlement for\u0026nbsp;\u003cstrong\u003ean international airline\u003c/strong\u003e\u0026nbsp;in a COVID-19 related class action seeking ticket refunds.\u003c/p\u003e","\u003cp\u003eDefeated class certification and obtained summary judgment for\u0026nbsp;\u003cstrong\u003ean international airline\u0026nbsp;\u003c/strong\u003ein a class action in the Southern District of Florida alleging RICO and breach of contract claims relating to trip insurance.\u003c/p\u003e","\u003cp\u003eDefeated class certification in $300 million consumer class action on behalf of\u0026nbsp;\u003cstrong\u003eaffiliates of The Southern Company\u003c/strong\u003e\u0026nbsp;in a long-running, high-stakes putative class action in Cook County (Ill.) Chancery Court asserting purported violations of the Illinois Consumer Fraud Act.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003eCommercial Litigation and Other Disputes\u003c/strong\u003e\u003c/p\u003e","\u003cp\u003eRepresenting\u0026nbsp;\u003cstrong\u003ean international airline\u003c/strong\u003e\u0026nbsp;and several senior executives in a lawsuit seeking $1 billion in damages for alleged misappropriation of trade secrets\u003c/p\u003e","\u003cp\u003eRepresenting\u0026nbsp;\u003cstrong\u003eSea Island Company\u0026nbsp;\u003c/strong\u003ein \u0026ldquo;bet-the-company\u0026rdquo; challenging Sea Island\u0026rsquo;s private ownership of the roads on Sea Island, Georgia, including the causeway connecting Sea Island, Georgia to St. Simons Island.\u003c/p\u003e","\u003cp\u003eRepresenting\u0026nbsp;\u003cstrong\u003ea large nuclear power provider\u003c/strong\u003e\u0026nbsp;in alleged antitrust price-fixing class action.\u003c/p\u003e","\u003cp\u003eLed the defense of \u0026ldquo;bet-the-company\u0026rdquo; litigation for\u0026nbsp;\u003cstrong\u003eSCANA Corporation\u0026nbsp;\u003c/strong\u003erelating to the abandonment of SCANA\u0026rsquo;s new nuclear development at the V.C. Summer plant in South Carolina. David led multiple teams of King \u0026amp; Spalding lawyers in the defense of ratepayer class actions, derivative claims, federal securities class actions, and state and federal governmental investigations, as well as an expedited federal court injunction proceeding seeking to block implementation of confiscatory legislation targeting SCANA. David served as lead counsel for SCANA in a 15-day evidentiary proceeding before the South Carolina Public Service Commission in which multiple parties sought to block SCANA\u0026rsquo;s proposed $14.6 billion merger with Dominion Energy. SCANA achieved a complete victory in that matter, leading to the closing of the Dominion merger in January of 2019.\u003c/p\u003e","\u003cp\u003eDefended\u0026nbsp;\u003cstrong\u003eGeorgia Power\u0026nbsp;\u003c/strong\u003ein 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\u0026rsquo; rights and obligations with respect to the project.\u003c/p\u003e","\u003cp\u003ePrevailed on appeal on behalf of\u0026nbsp;\u003cstrong\u003eGlobal Payments Direct, Inc.\u003c/strong\u003e, 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. King \u0026amp; Spalding\u0026rsquo;s comprehensive challenge of the jury\u0026rsquo;s verdict staved off a \u0026ldquo;windfall\u0026rdquo; recovery under an unprecedented damages theory and reaffirmed the limits on consequential damages awards under Georgia law and represents a rare and important reversal of a jury verdict in Georgia.\u003c/p\u003e","\u003cp\u003eRepresented\u0026nbsp;\u003cstrong\u003eAHS Residential, LLC\u003c/strong\u003e, 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 suburban Atlanta called \u0026ldquo;Assembly Yards.\u0026rdquo;\u003c/p\u003e","\u003cp\u003eServed as lead counsel for\u0026nbsp;\u003cstrong\u003eAT\u0026amp;T\u003c/strong\u003e\u0026nbsp;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 extensive evidentiary hearing, issued a world-wide injunction preventing the former executive from seeking to enforce his judgment.\u003c/p\u003e","\u003cp\u003eServed as lead trial counsel for a\u0026nbsp;\u003cstrong\u003eNew York based hedge fund\u003c/strong\u003e\u0026nbsp;in a jury trial in Superior Court of Fulton County. The client\u0026rsquo;s entire $85 million investment in a real estate joint venture was at stake. David obtained a complete defense verdict and a verdict in his client\u0026rsquo;s favor on its counterclaims.\u003c/p\u003e","\u003cp\u003eServed as lead trial counsel for an\u0026nbsp;\u003cstrong\u003eaffiliate of Roark Capital\u003c/strong\u003e, 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\u0026rsquo;s favor.\u003c/p\u003e","\u003cp\u003eDefended more than a dozen\u0026nbsp;\u003cstrong\u003eAmLaw 200 firms\u003c/strong\u003e\u0026nbsp;against claims of legal malpractice, breach of fiduciary duty, and related claims.\u003c/p\u003e"],"recognitions":[{"title":"Band 1: Georgia: Commercial Litigation","detail":"Chambers USA, 2006 - PRESENT"},{"title":"“His proven track record of creativity and collaboration sets him apart from the competition.” ","detail":"DISTINGUISHED LEADER, DAILY REPORT, 2022"},{"title":"\"He is an excellent lawyer and a true workhorse. He is a go-to first chair trial lawyer.\" ","detail":"Chambers USA 2023"},{"title":"“He is top in class action litigation\"","detail":"CHAMBERS USA 2023"},{"title":"\"He's very strategic and thoughtful, but aggressive when necessary - he's not afraid of a fight.\"","detail":"CHAMBERS USA 2023"},{"title":"\"He's very solid in class actions, there's nobody better.”","detail":"CHAMBERS USA 2023"},{"title":"Recommend in Cyber Law (including Data Privacy and Data Protection)","detail":"THE LEGAL 500 UNITED STATES, 2022"},{"title":"“Bet the Company” Litigation, Commercial Litigation","detail":"Best Lawyers in America"},{"title":"U.S. “Litigation Star” ","detail":"Benchmark Litigation, 2018 - PRESENT"},{"title":"Top 100 Lawyers in Georgia","detail":"Georgia Super Lawyers, 2012–Present"},{"title":"2018 BTI Client Service All-Star","detail":"BTI, 2018"}]},"locales":["en"]},"secondary_title_id":null,"upload_assignments":{"headshot":[{"id":11778}]},"capability_group_id":3},"created_at":"2025-09-11T18:21:37.000Z","updated_at":"2025-09-11T18:21:37.000Z","searchable_text":"Balser{{ FIELD }}{:title=\u0026gt;\"Band 1: Georgia: Commercial Litigation\", :detail=\u0026gt;\"Chambers USA, 2006 - PRESENT\"}{{ FIELD }}{:title=\u0026gt;\"“His proven track record of creativity and collaboration sets him apart from the competition.” \", :detail=\u0026gt;\"DISTINGUISHED LEADER, DAILY REPORT, 2022\"}{{ FIELD }}{:title=\u0026gt;\"\\\"He is an excellent lawyer and a true workhorse. He is a go-to first chair trial lawyer.\\\" \", :detail=\u0026gt;\"Chambers USA 2023\"}{{ FIELD }}{:title=\u0026gt;\"“He is top in class action litigation\\\"\", :detail=\u0026gt;\"CHAMBERS USA 2023\"}{{ FIELD }}{:title=\u0026gt;\"\\\"He's very strategic and thoughtful, but aggressive when necessary - he's not afraid of a fight.\\\"\", :detail=\u0026gt;\"CHAMBERS USA 2023\"}{{ FIELD }}{:title=\u0026gt;\"\\\"He's very solid in class actions, there's nobody better.”\", :detail=\u0026gt;\"CHAMBERS USA 2023\"}{{ FIELD }}{:title=\u0026gt;\"Recommend in Cyber Law (including Data Privacy and Data Protection)\", :detail=\u0026gt;\"THE LEGAL 500 UNITED STATES, 2022\"}{{ FIELD }}{:title=\u0026gt;\"“Bet the Company” Litigation, Commercial Litigation\", :detail=\u0026gt;\"Best Lawyers in America\"}{{ FIELD }}{:title=\u0026gt;\"U.S. “Litigation Star” \", :detail=\u0026gt;\"Benchmark Litigation, 2018 - PRESENT\"}{{ FIELD }}{:title=\u0026gt;\"Top 100 Lawyers in Georgia\", :detail=\u0026gt;\"Georgia Super Lawyers, 2012–Present\"}{{ FIELD }}{:title=\u0026gt;\"2018 BTI Client Service All-Star\", :detail=\u0026gt;\"BTI, 2018\"}{{ FIELD }}Class Actions{{ FIELD }}Currently 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.{{ FIELD }}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 alleged RICO claims and led the defense of the litigation through fact and expert discovery, class certification, Daubert briefing, and summary judgment briefing. Our work included litigating numerous privilege disputes, including successfully protecting a privileged root cause investigation report. Most recently, the firm negotiated a $190 million class action settlement, which was approved and resolved all of the consumer claims against Capital One and codefendant Amazon Web Services.{{ FIELD }}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, David led the negotiation of a class action settlement to resolve the claims of approximately 147 million U.S. consumers. David successfully defended the settlement on appeal to the 11th Circuit.{{ FIELD }}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 plaintiff in the third case discontinued the lawsuit.{{ FIELD }}Representing DaVita Inc. in a consolidated class actions arising from an April 2024 ransomware attack and data breach in Colorado federal court.{{ FIELD }}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 claims of carbon neutrality.{{ FIELD }}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 Plaintiff’s key expert in a Daubert hearing, significantly weakening the case and securing a highly favorable settlement on the eve of trial.{{ FIELD }}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.{{ FIELD }}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.{{ FIELD }}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 transmission of PII and PHI to Meta (formerly known as Facebook) as a result of Novant’s use of the Meta tracking pixel on Novant’s website.{{ FIELD }}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 Consumer Privacy Act.{{ FIELD }}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.{{ FIELD }}Reached a favorable settlement for an international airline in a COVID-19 related class action seeking ticket refunds.{{ FIELD }}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.{{ FIELD }}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 of the Illinois Consumer Fraud Act.{{ FIELD }}Commercial Litigation and Other Disputes{{ FIELD }}Representing an international airline and several senior executives in a lawsuit seeking $1 billion in damages for alleged misappropriation of trade secrets{{ FIELD }}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.{{ FIELD }}Representing a large nuclear power provider in alleged antitrust price-fixing class action.{{ FIELD }}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 \u0026amp; Spalding lawyers in the defense of ratepayer class actions, derivative claims, federal securities class actions, and state and federal governmental investigations, as well as an expedited federal court injunction proceeding seeking to block implementation of confiscatory legislation targeting SCANA. David served as lead counsel for SCANA in a 15-day evidentiary proceeding before the South Carolina Public Service Commission in which multiple parties sought to block SCANA’s proposed $14.6 billion merger with Dominion Energy. SCANA achieved a complete victory in that matter, leading to the closing of the Dominion merger in January of 2019.{{ FIELD }}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 and obligations with respect to the project.{{ FIELD }}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. King \u0026amp; Spalding’s comprehensive challenge of the jury’s verdict staved off a “windfall” recovery under an unprecedented damages theory and reaffirmed the limits on consequential damages awards under Georgia law and represents a rare and important reversal of a jury verdict in Georgia.{{ FIELD }}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 suburban Atlanta called “Assembly Yards.”{{ FIELD }}Served as lead counsel for AT\u0026amp;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 extensive evidentiary hearing, issued a world-wide injunction preventing the former executive from seeking to enforce his judgment.{{ FIELD }}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 verdict and a verdict in his client’s favor on its counterclaims.{{ FIELD }}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.{{ FIELD }}Defended more than a dozen AmLaw 200 firms against claims of legal malpractice, breach of fiduciary duty, and related claims.{{ FIELD }}David Balser tries high-stakes cases on behalf of Fortune 500 companies and other leading businesses in the financial services, telecommunications, energy, transportation, professional services, and private equity sectors. David is often called upon to handle clients’ most sensitive, complex, and enterprise-threatening matters. A Fellow of the American College of Trial Lawyers, David focuses on contract disputes, business torts, class actions and professional liability litigation. \nRanked 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:\n\n “He is the preeminent class action lawyer in town. On his feet he's amazing, he's every bit as good as the best.”\n“He has a mastery of law, a commanding presence and a real strategic approach to litigation.”\n“He can be tough as nails, but has great manner with clients. He's extraordinarily impressive.”\n“He is a bet-the-company litigator and a go-to. He might be the top bet-the-company litigator I've ever met.”\n“He's a trusted adviser through and through. David is a rockstar of a lawyer.”\n\nDavid’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. \nDavid leads 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.\n  David L Balser Partner Band 1: Georgia: Commercial Litigation Chambers USA, 2006 - PRESENT “His proven track record of creativity and collaboration sets him apart from the competition.”  DISTINGUISHED LEADER, DAILY REPORT, 2022 \"He is an excellent lawyer and a true workhorse. He is a go-to first chair trial lawyer.\"  Chambers USA 2023 “He is top in class action litigation\" CHAMBERS USA 2023 \"He's very strategic and thoughtful, but aggressive when necessary - he's not afraid of a fight.\" CHAMBERS USA 2023 \"He's very solid in class actions, there's nobody better.” CHAMBERS USA 2023 Recommend in Cyber Law (including Data Privacy and Data Protection) THE LEGAL 500 UNITED STATES, 2022 “Bet the Company” Litigation, Commercial Litigation Best Lawyers in America U.S. “Litigation Star”  Benchmark Litigation, 2018 - PRESENT Top 100 Lawyers in Georgia Georgia Super Lawyers, 2012–Present 2018 BTI Client Service All-Star BTI, 2018 University of Pennsylvania University of Pennsylvania Law School University of Michigan University of Michigan Law School Georgia Law Clerk, Honorable Charles A. Moye, Jr., Chief Judge, U.S. District Court for the Northern District of Georgia Class Actions Currently 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 alleged RICO claims and led the defense of the litigation through fact and expert discovery, class certification, Daubert briefing, and summary judgment briefing. Our work included litigating numerous privilege disputes, including successfully protecting a privileged root cause investigation report. Most recently, the firm negotiated a $190 million class action settlement, which was approved and resolved all of the consumer claims against Capital One and codefendant Amazon Web Services. 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, David led the negotiation of a class action settlement to resolve the claims of approximately 147 million U.S. consumers. David successfully defended the settlement on appeal to the 11th Circuit. 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 plaintiff in the third case discontinued the lawsuit. 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 claims of carbon neutrality. 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 Plaintiff’s key expert in a Daubert hearing, significantly weakening the case and securing a highly favorable settlement on the eve of trial. 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 transmission of PII and PHI to Meta (formerly known as Facebook) as a result of Novant’s use of the Meta tracking pixel on Novant’s website. 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 Consumer Privacy Act. 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 of the Illinois Consumer Fraud Act. 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 \u0026amp; Spalding lawyers in the defense of ratepayer class actions, derivative claims, federal securities class actions, and state and federal governmental investigations, as well as an expedited federal court injunction proceeding seeking to block implementation of confiscatory legislation targeting SCANA. David served as lead counsel for SCANA in a 15-day evidentiary proceeding before the South Carolina Public Service Commission in which multiple parties sought to block SCANA’s proposed $14.6 billion merger with Dominion Energy. SCANA achieved a complete victory in that matter, leading to the closing of the Dominion merger in January of 2019. 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 and obligations with respect to the project. 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. King \u0026amp; Spalding’s comprehensive challenge of the jury’s verdict staved off a “windfall” recovery under an unprecedented damages theory and reaffirmed the limits on consequential damages awards under Georgia law and represents a rare and important reversal of a jury verdict in Georgia. 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 suburban Atlanta called “Assembly Yards.” Served as lead counsel for AT\u0026amp;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 extensive evidentiary hearing, issued a world-wide injunction preventing the former executive from seeking to enforce his judgment. 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 verdict and a verdict in his client’s favor on its counterclaims. 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.","searchable_name":"David L. Balser","is_active":true,"featured":null,"publish_date":null,"expiration_date":null,"blog_featured":null,"published_by":202,"capability_group_featured":null,"home_page_featured":null},{"id":426841,"version":1,"owner_type":"Person","owner_id":5738,"payload":{"bio":"\u003cp\u003eCraig Bessenger focuses on complex civil litigation and white-collar criminal defense. His clients include Fortune 200 companies, entertainment companies, healthcare providers, and financial institutions. He represents both plaintiffs and defendants in federal and state courts. Craig has litigated business, partnership, and contractual disputes, professional liability, banking and mortgage cases, and intellectual property matters. His white-collar experience spans various areas, including securities, antitrust, healthcare, and environmental violations, complex fraud and money laundering schemes, and internal investigations.\u003c/p\u003e","slug":"craig-bessenger","email":"cbessenger@kslaw.com","phone":null,"matters":["\u003cp\u003eObtained summary judgment on behalf of the\u0026nbsp;\u003cstrong\u003emovie studio, directors, and producer\u003c/strong\u003e\u0026nbsp;involved in the creation of a multibillion-dollar movie franchise in a copyright infringement case.\u003c/p\u003e","\u003cp\u003eSuccessfully defended a\u0026nbsp;\u003cstrong\u003emajor movie studio\u003c/strong\u003e\u0026nbsp;against claims relating to the collection of foreign revenue, and obtained an affirmance of the trial court\u0026rsquo;s ruling on appeal.\u003c/p\u003e","\u003cp\u003eDefeated an anti-SLAPP motion brought against a\u0026nbsp;\u003cstrong\u003emajor media company\u003c/strong\u003e, and obtained an affirmance of the trial court\u0026rsquo;s ruling on appeal.\u003c/p\u003e","\u003cp\u003eAchieved a multimillion-dollar settlement in a professional liability action brought on behalf of a\u0026nbsp;\u003cstrong\u003eclosely held corporation\u003c/strong\u003e.\u003c/p\u003e","\u003cp\u003eRepresented publicly-traded\u0026nbsp;\u003cstrong\u003ehealthcare company\u003c/strong\u003e\u0026nbsp;in numerous class actions.\u003c/p\u003e","\u003cp\u003eRepresented a\u0026nbsp;\u003cstrong\u003eforeign national\u003c/strong\u003e\u0026nbsp;in a federal criminal investigation into an allegedly fraudulent scheme to circumvent state and federal environmental regulations.\u003c/p\u003e","\u003cp\u003eRepresented\u0026nbsp;\u003cstrong\u003ebank directors\u003c/strong\u003e\u0026nbsp;in civil enforcement actions brought by federal regulatory authorities.\u003c/p\u003e","\u003cp\u003eRepresented a\u0026nbsp;\u003cstrong\u003emedical device manufacturer\u003c/strong\u003e\u0026nbsp;in an investigation by state regulatory authorities.\u003c/p\u003e","\u003cp\u003eRepresented a\u0026nbsp;\u003cstrong\u003eproducer of high-quality automotive images\u003c/strong\u003e\u0026nbsp;in a copyright infringement action against an online tech company arising from the unauthorized use of its photographs. A confidential settlement agreement was reached on the eve of trial.\u003c/p\u003e"],"taggings":{"tags":[],"meta_tags":[]},"expertise":[{"id":74,"guid":"74.capabilities","index":0,"source":"capabilities"},{"id":5,"guid":"5.capabilities","index":1,"source":"capabilities"},{"id":3,"guid":"3.capabilities","index":2,"source":"capabilities"},{"id":11,"guid":"11.capabilities","index":3,"source":"capabilities"},{"id":18,"guid":"18.capabilities","index":4,"source":"capabilities"},{"id":107,"guid":"107.capabilities","index":5,"source":"capabilities"},{"id":24,"guid":"24.capabilities","index":6,"source":"capabilities"},{"id":1248,"guid":"1248.smart_tags","index":7,"source":"smartTags"}],"is_active":true,"last_name":"Bessenger","nick_name":"Craig","clerkships":[{"name":"Judicial Clerk, Hon. A. Howard Matz, U.S. District Court for the Central District of California","years_held":"2010 - 2011"}],"first_name":"Craig","title_rank":9999,"updated_by":32,"law_schools":[{"id":2158,"meta":{"degree":"J.D.","honors":"Magna Cum Laude","is_law_school":"1","graduation_date":"2006-01-01 00:00:00"},"order":1,"pin_order":null,"pin_expiration":null}],"middle_name":"H.","name_suffix":"","recognitions":null,"linked_in_url":null,"seodescription":null,"primary_title_id":15,"translated_fields":{"en":{"bio":"\u003cp\u003eCraig Bessenger focuses on complex civil litigation and white-collar criminal defense. His clients include Fortune 200 companies, entertainment companies, healthcare providers, and financial institutions. He represents both plaintiffs and defendants in federal and state courts. Craig has litigated business, partnership, and contractual disputes, professional liability, banking and mortgage cases, and intellectual property matters. His white-collar experience spans various areas, including securities, antitrust, healthcare, and environmental violations, complex fraud and money laundering schemes, and internal investigations.\u003c/p\u003e","matters":["\u003cp\u003eObtained summary judgment on behalf of the\u0026nbsp;\u003cstrong\u003emovie studio, directors, and producer\u003c/strong\u003e\u0026nbsp;involved in the creation of a multibillion-dollar movie franchise in a copyright infringement case.\u003c/p\u003e","\u003cp\u003eSuccessfully defended a\u0026nbsp;\u003cstrong\u003emajor movie studio\u003c/strong\u003e\u0026nbsp;against claims relating to the collection of foreign revenue, and obtained an affirmance of the trial court\u0026rsquo;s ruling on appeal.\u003c/p\u003e","\u003cp\u003eDefeated an anti-SLAPP motion brought against a\u0026nbsp;\u003cstrong\u003emajor media company\u003c/strong\u003e, and obtained an affirmance of the trial court\u0026rsquo;s ruling on appeal.\u003c/p\u003e","\u003cp\u003eAchieved a multimillion-dollar settlement in a professional liability action brought on behalf of a\u0026nbsp;\u003cstrong\u003eclosely held corporation\u003c/strong\u003e.\u003c/p\u003e","\u003cp\u003eRepresented publicly-traded\u0026nbsp;\u003cstrong\u003ehealthcare company\u003c/strong\u003e\u0026nbsp;in numerous class actions.\u003c/p\u003e","\u003cp\u003eRepresented a\u0026nbsp;\u003cstrong\u003eforeign national\u003c/strong\u003e\u0026nbsp;in a federal criminal investigation into an allegedly fraudulent scheme to circumvent state and federal environmental regulations.\u003c/p\u003e","\u003cp\u003eRepresented\u0026nbsp;\u003cstrong\u003ebank directors\u003c/strong\u003e\u0026nbsp;in civil enforcement actions brought by federal regulatory authorities.\u003c/p\u003e","\u003cp\u003eRepresented a\u0026nbsp;\u003cstrong\u003emedical device manufacturer\u003c/strong\u003e\u0026nbsp;in an investigation by state regulatory authorities.\u003c/p\u003e","\u003cp\u003eRepresented a\u0026nbsp;\u003cstrong\u003eproducer of high-quality automotive images\u003c/strong\u003e\u0026nbsp;in a copyright infringement action against an online tech company arising from the unauthorized use of its photographs. A confidential settlement agreement was reached on the eve of trial.\u003c/p\u003e"]},"locales":["en"]},"secondary_title_id":null,"upload_assignments":{"headshot":[{"id":8096}]},"capability_group_id":3},"created_at":"2025-05-26T04:57:19.000Z","updated_at":"2025-05-26T04:57:19.000Z","searchable_text":"Bessenger{{ FIELD }}Obtained summary judgment on behalf of the movie studio, directors, and producer involved in the creation of a multibillion-dollar movie franchise in a copyright infringement case.{{ FIELD }}Successfully defended a major movie studio against claims relating to the collection of foreign revenue, and obtained an affirmance of the trial court’s ruling on appeal.{{ FIELD }}Defeated an anti-SLAPP motion brought against a major media company, and obtained an affirmance of the trial court’s ruling on appeal.{{ FIELD }}Achieved a multimillion-dollar settlement in a professional liability action brought on behalf of a closely held corporation.{{ FIELD }}Represented publicly-traded healthcare company in numerous class actions.{{ FIELD }}Represented a foreign national in a federal criminal investigation into an allegedly fraudulent scheme to circumvent state and federal environmental regulations.{{ FIELD }}Represented bank directors in civil enforcement actions brought by federal regulatory authorities.{{ FIELD }}Represented a medical device manufacturer in an investigation by state regulatory authorities.{{ FIELD }}Represented a producer of high-quality automotive images in a copyright infringement action against an online tech company arising from the unauthorized use of its photographs. A confidential settlement agreement was reached on the eve of trial.{{ FIELD }}Craig Bessenger focuses on complex civil litigation and white-collar criminal defense. His clients include Fortune 200 companies, entertainment companies, healthcare providers, and financial institutions. He represents both plaintiffs and defendants in federal and state courts. Craig has litigated business, partnership, and contractual disputes, professional liability, banking and mortgage cases, and intellectual property matters. His white-collar experience spans various areas, including securities, antitrust, healthcare, and environmental violations, complex fraud and money laundering schemes, and internal investigations. Partner Brown University  University of California Hastings College of Law University of California Hastings College of Law U.S. District Court for the Central District of California U.S. District Court for the Northern District of California U.S. District Court for the Southern District of California California District of Columbia Judicial Clerk, Hon. A. Howard Matz, U.S. District Court for the Central District of California Obtained summary judgment on behalf of the movie studio, directors, and producer involved in the creation of a multibillion-dollar movie franchise in a copyright infringement case. Successfully defended a major movie studio against claims relating to the collection of foreign revenue, and obtained an affirmance of the trial court’s ruling on appeal. Defeated an anti-SLAPP motion brought against a major media company, and obtained an affirmance of the trial court’s ruling on appeal. Achieved a multimillion-dollar settlement in a professional liability action brought on behalf of a closely held corporation. Represented publicly-traded healthcare company in numerous class actions. Represented a foreign national in a federal criminal investigation into an allegedly fraudulent scheme to circumvent state and federal environmental regulations. Represented bank directors in civil enforcement actions brought by federal regulatory authorities. Represented a medical device manufacturer in an investigation by state regulatory authorities. Represented a producer of high-quality automotive images in a copyright infringement action against an online tech company arising from the unauthorized use of its photographs. A confidential settlement agreement was reached on the eve of trial.","searchable_name":"Craig H. Bessenger","is_active":true,"featured":null,"publish_date":null,"expiration_date":null,"blog_featured":null,"published_by":32,"capability_group_featured":null,"home_page_featured":null},{"id":445658,"version":1,"owner_type":"Person","owner_id":679,"payload":{"bio":"\u003cp\u003ePat Brumbaugh represents attorneys and accountants when their most valuable asset is on the line: their reputation. Pat\u0026rsquo;s practice focuses on the representation of other professionals and their firms in all manner of litigation and in regulatory investigations and proceedings. A partner in our Professional Liability and Securities Enforcement and Regulation practices, Pat is both a seasoned litigator and a trusted counselor.[[--readmore--]]\u003c/p\u003e\n\u003cp\u003ePat has represented issuers, accounting firms and underwriters in all manner of class action securities and shareholder derivative litigation. In addition, he has conducted internal investigations and represented clients before the Securities and Exchange Commission. In professional liability matters, Pat has represented other \u0026ldquo;Big Law\u0026rdquo; law firms and Big Four accounting firms in professional malpractice and related litigation\u003c/p\u003e\n\u003cp\u003ePat also serves as King \u0026amp; Spalding\u0026rsquo;s Co-General Counsel.\u003c/p\u003e","slug":"john-p-brumbaugh","email":"pbrumbaugh@kslaw.com","phone":"+1 404 664 2726","matters":["\u003cp\u003eDefended a l\u003cstrong data-redactor-tag=\"strong\"\u003earge Southeastern law firm\u003c/strong\u003e in legal malpractice lawsuit arising from a commercial real estate transaction. Most of the case against the firm was dismissed on summary judgment.\u003c/p\u003e","\u003cp\u003eDefended\u0026nbsp;a \u003cstrong data-redactor-tag=\"strong\"\u003elarge Southeastern law firm\u003c/strong\u003e against legal malpractice and breach of fiduciary duty claims arising from the sale of a company and related litigation.\u003c/p\u003e","\u003cp\u003eDefended a \u003cstrong data-redactor-tag=\"strong\"\u003eFlorida law firm\u003c/strong\u003e against allegations of fraud stemming from the firm\u0026rsquo;s representation of a client in bankruptcy proceedings. The court dismissed the law firm from the case for lack of personal jurisdiction.\u003c/p\u003e","\u003cp\u003eDefended a \u003cstrong data-redactor-tag=\"strong\"\u003elarge Southeastern law firm\u003c/strong\u003e in a legal malpractice action relating to the firm\u0026rsquo;s patent prosecution practice.\u003c/p\u003e","\u003cp\u003eRepresented a \u003cstrong data-redactor-tag=\"strong\"\u003eBig 4\u003c/strong\u003e accounting firm in multi-year SEC investigation.\u003c/p\u003e","\u003cp\u003eServed as lead trial counsel in\u0026nbsp;the Delaware Court of Chancery of a dispute concerning the winding up of a Delaware limited liability company.\u003c/p\u003e","\u003cp\u003eDefended a Fortune 50 company and certain of its current and former officers and directors in securities class action litigation and related shareholder derivative litigation filed in state and federal court.\u003c/p\u003e","\u003cp\u003eDefended an Atlanta-based health care company and the former members of its board of directors in class action litigation challenging the company\u0026rsquo;s acquisition.\u003c/p\u003e","\u003cp\u003eRepresented an underwriting syndicate of major investment banks in securities class action litigation in federal court stemming from a secondary offering underwritten by the banks.\u003c/p\u003e","\u003cp\u003eRepresented a \u003cstrong data-redactor-tag=\"strong\"\u003e\u003cem data-redactor-tag=\"em\"\u003epro bono\u003c/em\u003e client\u003c/strong\u003e on appeal from the denial of the client's federal habeas corpus petition. The Court of Appeals for the Eleventh Circuit reversed, overturning the client's conviction for kidnapping, on the ground that his appellate counsel on direct appeal was constitutionally ineffective.\u003c/p\u003e"],"taggings":{"tags":[],"meta_tags":[{"id":10}]},"expertise":[{"id":18,"guid":"18.capabilities","index":0,"source":"capabilities"},{"id":20,"guid":"20.capabilities","index":1,"source":"capabilities"},{"id":2,"guid":"2.capabilities","index":2,"source":"capabilities"},{"id":19,"guid":"19.capabilities","index":3,"source":"capabilities"},{"id":3,"guid":"3.capabilities","index":4,"source":"capabilities"},{"id":5,"guid":"5.capabilities","index":5,"source":"capabilities"},{"id":80,"guid":"80.capabilities","index":6,"source":"capabilities"},{"id":107,"guid":"107.capabilities","index":7,"source":"capabilities"},{"id":684,"guid":"684.smart_tags","index":8,"source":"smartTags"},{"id":685,"guid":"685.smart_tags","index":9,"source":"smartTags"},{"id":686,"guid":"686.smart_tags","index":10,"source":"smartTags"},{"id":74,"guid":"74.capabilities","index":11,"source":"capabilities"},{"id":128,"guid":"128.capabilities","index":12,"source":"capabilities"},{"id":1248,"guid":"1248.smart_tags","index":13,"source":"smartTags"}],"is_active":true,"last_name":"Brumbaugh","nick_name":"John","clerkships":[{"name":"Law Clerk, Hon. Peter T. Fay, U.S. Court of Appeals for the Eleventh Circuit","years_held":"1997 - 1998"}],"first_name":"John","title_rank":9999,"updated_by":202,"law_schools":[],"middle_name":"P.","name_suffix":"","recognitions":null,"linked_in_url":null,"seodescription":null,"primary_title_id":119,"translated_fields":{"en":{"bio":"\u003cp\u003ePat Brumbaugh represents attorneys and accountants when their most valuable asset is on the line: their reputation. Pat\u0026rsquo;s practice focuses on the representation of other professionals and their firms in all manner of litigation and in regulatory investigations and proceedings. A partner in our Professional Liability and Securities Enforcement and Regulation practices, Pat is both a seasoned litigator and a trusted counselor.[[--readmore--]]\u003c/p\u003e\n\u003cp\u003ePat has represented issuers, accounting firms and underwriters in all manner of class action securities and shareholder derivative litigation. In addition, he has conducted internal investigations and represented clients before the Securities and Exchange Commission. In professional liability matters, Pat has represented other \u0026ldquo;Big Law\u0026rdquo; law firms and Big Four accounting firms in professional malpractice and related litigation\u003c/p\u003e\n\u003cp\u003ePat also serves as King \u0026amp; Spalding\u0026rsquo;s Co-General Counsel.\u003c/p\u003e","matters":["\u003cp\u003eDefended a l\u003cstrong data-redactor-tag=\"strong\"\u003earge Southeastern law firm\u003c/strong\u003e in legal malpractice lawsuit arising from a commercial real estate transaction. Most of the case against the firm was dismissed on summary judgment.\u003c/p\u003e","\u003cp\u003eDefended\u0026nbsp;a \u003cstrong data-redactor-tag=\"strong\"\u003elarge Southeastern law firm\u003c/strong\u003e against legal malpractice and breach of fiduciary duty claims arising from the sale of a company and related litigation.\u003c/p\u003e","\u003cp\u003eDefended a \u003cstrong data-redactor-tag=\"strong\"\u003eFlorida law firm\u003c/strong\u003e against allegations of fraud stemming from the firm\u0026rsquo;s representation of a client in bankruptcy proceedings. The court dismissed the law firm from the case for lack of personal jurisdiction.\u003c/p\u003e","\u003cp\u003eDefended a \u003cstrong data-redactor-tag=\"strong\"\u003elarge Southeastern law firm\u003c/strong\u003e in a legal malpractice action relating to the firm\u0026rsquo;s patent prosecution practice.\u003c/p\u003e","\u003cp\u003eRepresented a \u003cstrong data-redactor-tag=\"strong\"\u003eBig 4\u003c/strong\u003e accounting firm in multi-year SEC investigation.\u003c/p\u003e","\u003cp\u003eServed as lead trial counsel in\u0026nbsp;the Delaware Court of Chancery of a dispute concerning the winding up of a Delaware limited liability company.\u003c/p\u003e","\u003cp\u003eDefended a Fortune 50 company and certain of its current and former officers and directors in securities class action litigation and related shareholder derivative litigation filed in state and federal court.\u003c/p\u003e","\u003cp\u003eDefended an Atlanta-based health care company and the former members of its board of directors in class action litigation challenging the company\u0026rsquo;s acquisition.\u003c/p\u003e","\u003cp\u003eRepresented an underwriting syndicate of major investment banks in securities class action litigation in federal court stemming from a secondary offering underwritten by the banks.\u003c/p\u003e","\u003cp\u003eRepresented a \u003cstrong data-redactor-tag=\"strong\"\u003e\u003cem data-redactor-tag=\"em\"\u003epro bono\u003c/em\u003e client\u003c/strong\u003e on appeal from the denial of the client's federal habeas corpus petition. The Court of Appeals for the Eleventh Circuit reversed, overturning the client's conviction for kidnapping, on the ground that his appellate counsel on direct appeal was constitutionally ineffective.\u003c/p\u003e"]},"locales":["en"]},"secondary_title_id":null,"upload_assignments":{"headshot":[{"id":4193}]},"capability_group_id":3},"created_at":"2026-02-06T22:06:07.000Z","updated_at":"2026-02-06T22:06:07.000Z","searchable_text":"Brumbaugh{{ FIELD }}Defended a large Southeastern law firm in legal malpractice lawsuit arising from a commercial real estate transaction. Most of the case against the firm was dismissed on summary judgment.{{ FIELD }}Defended a large Southeastern law firm against legal malpractice and breach of fiduciary duty claims arising from the sale of a company and related litigation.{{ FIELD }}Defended a Florida law firm against allegations of fraud stemming from the firm’s representation of a client in bankruptcy proceedings. The court dismissed the law firm from the case for lack of personal jurisdiction.{{ FIELD }}Defended a large Southeastern law firm in a legal malpractice action relating to the firm’s patent prosecution practice.{{ FIELD }}Represented a Big 4 accounting firm in multi-year SEC investigation.{{ FIELD }}Served as lead trial counsel in the Delaware Court of Chancery of a dispute concerning the winding up of a Delaware limited liability company.{{ FIELD }}Defended a Fortune 50 company and certain of its current and former officers and directors in securities class action litigation and related shareholder derivative litigation filed in state and federal court.{{ FIELD }}Defended an Atlanta-based health care company and the former members of its board of directors in class action litigation challenging the company’s acquisition.{{ FIELD }}Represented an underwriting syndicate of major investment banks in securities class action litigation in federal court stemming from a secondary offering underwritten by the banks.{{ FIELD }}Represented a pro bono client on appeal from the denial of the client's federal habeas corpus petition. The Court of Appeals for the Eleventh Circuit reversed, overturning the client's conviction for kidnapping, on the ground that his appellate counsel on direct appeal was constitutionally ineffective.{{ FIELD }}Pat Brumbaugh represents attorneys and accountants when their most valuable asset is on the line: their reputation. Pat’s practice focuses on the representation of other professionals and their firms in all manner of litigation and in regulatory investigations and proceedings. A partner in our Professional Liability and Securities Enforcement and Regulation practices, Pat is both a seasoned litigator and a trusted counselor.\nPat has represented issuers, accounting firms and underwriters in all manner of class action securities and shareholder derivative litigation. In addition, he has conducted internal investigations and represented clients before the Securities and Exchange Commission. In professional liability matters, Pat has represented other “Big Law” law firms and Big Four accounting firms in professional malpractice and related litigation\nPat also serves as King \u0026amp; Spalding’s Co-General Counsel. John Pat Brumbaugh Partner / General Counsel Dartmouth College  University of Michigan University of Michigan Law School U.S. Court of Appeals for the Seventh Circuit U.S. Court of Appeals for the Eleventh Circuit U.S. District Court for the Northern District of Georgia Florida Georgia State Bar of Georgia The Florida Bar Law Clerk, Hon. Peter T. Fay, U.S. Court of Appeals for the Eleventh Circuit Defended a large Southeastern law firm in legal malpractice lawsuit arising from a commercial real estate transaction. Most of the case against the firm was dismissed on summary judgment. Defended a large Southeastern law firm against legal malpractice and breach of fiduciary duty claims arising from the sale of a company and related litigation. Defended a Florida law firm against allegations of fraud stemming from the firm’s representation of a client in bankruptcy proceedings. The court dismissed the law firm from the case for lack of personal jurisdiction. Defended a large Southeastern law firm in a legal malpractice action relating to the firm’s patent prosecution practice. Represented a Big 4 accounting firm in multi-year SEC investigation. Served as lead trial counsel in the Delaware Court of Chancery of a dispute concerning the winding up of a Delaware limited liability company. Defended a Fortune 50 company and certain of its current and former officers and directors in securities class action litigation and related shareholder derivative litigation filed in state and federal court. Defended an Atlanta-based health care company and the former members of its board of directors in class action litigation challenging the company’s acquisition. Represented an underwriting syndicate of major investment banks in securities class action litigation in federal court stemming from a secondary offering underwritten by the banks. Represented a pro bono client on appeal from the denial of the client's federal habeas corpus petition. The Court of Appeals for the Eleventh Circuit reversed, overturning the client's conviction for kidnapping, on the ground that his appellate counsel on direct appeal was constitutionally ineffective.","searchable_name":"John P. Brumbaugh","is_active":true,"featured":null,"publish_date":null,"expiration_date":null,"blog_featured":null,"published_by":202,"capability_group_featured":null,"home_page_featured":null}]}}