David A. Hickerson is a partner with Foley & Lardner LLP and a member of the firm's Government Enforcement, Compliance & White Collar Defense; Business Litigation & Dispute Resolution; and IP Litigation Practices.
Mr. Hickerson represents clients in all phases of disputes, including trials and appeals and has successfully represented clients in international arbitrations as well. He has significant experience in representing clients in complex, multi-forum litigation. He is a member of the International Trade Commission Trial Lawyers Association, where he has represented a number of clients in Section 337 intellectual property-based investigations. Mr. Hickerson has significant experience in conducting internal investigations and defending clients in government enforcement proceedings, including matters arising under the Foreign Corrupt Practices Act (FCPA) and the International Traffic in Arms Regulations (ITAR). He has achieved successful results for clients in a broad range of litigated matters, including criminal and government enforcement proceedings, commercial, tax, and intellectual property litigation.
Prior to joining Foley, Mr. Hickerson was a partner with Weil, Gotshal & Manges. Recent examples of achievements include:
· Representation of officers of a public company in bankruptcy and parallel criminal proceedings; civil litigation; and regulatory investigations.
· Representation of large Japanese consumer electronics manufacturer in ITC Section 337 investigation.
· Representation of automobile manufacturer in ITC Section 337 investigation.
· Representation of two officers of a company in lawsuit brought by bankruptcy trustee.
· Representation of a company in investigation by Customs and Border Protection (CBP) for Office of Foreign Asset Controls (OFAC) violations. Matter resolved with no charges brought and no penalties.
· Representation of company in making voluntary disclosure to Directorate of Defense Trade Controls (DDTC) for ITAR violations. Matter resolved with no charges brought and no penalties.
· Representation of company in USDA debarment proceedings. Successfully overturned debarment order.
· Representation of a European company with worldwide subsidiaries in a criminal proceeding under the International Traffic in Arms Regulations (ITAR). The matter was resolved in favor of client with no criminal charges.
· Representation of a client in a high profile international tax case, which was fully conceded by the IRS after five years of litigation. This victory resulted in savings of tax and interest for the client of over $150 million.
· Representation of the Republic of Ecuador in an international arbitration under the Canada - Ecuador Bilateral Investment Treaty, prevailing on all claims in a $75 million dispute.
· Lead litigator for debtor in obtaining summary judgment in a victory against the Center for Claims Resolution in a $56 million dispute in the client's Chapter 11 proceeding.
· Lead litigator in obtaining the complete dismissal of a $360 million constructive trust claim brought by a group of banks against his client along with representation in obtaining the dismissal of a $220 million constructive trust claim brought by a government agency.
· Lead litigator for the petitioner in a Section 337 intellectual property case before the International Trade Commission and obtained exclusion orders against or settlements with all eight respondents.
Mr. Hickerson was recognized by Chambers Global - The World's Leading Lawyers for Business (2008) and Chambers USA - America's Leading Lawyers for Business (2007) in the field of International Trade: Intellectual Property.
Mr. Hickerson graduated, magna cum laude, from the University of Michigan Law School in 1987, where he was elected to the Order of the Coif and served as an editor on the Michigan Law Review. He received his B.A., magna cum laude, from Vanderbilt University in 1983.
Mr. Hickerson is admitted to practice in the District of Columbia, the State of Virginia, and before the United States Supreme Court; the United States Courts of Appeals for the First, Third, Fourth, Ninth, Tenth, District of Columbia, and Federal Circuits; the United States District Courts for the District of Columbia, the Eastern District of Virginia, and the District of Colorado; the United States Tax Court; and the United States Court of Federal Claims.