He has over 50 years experience litigating in federal and North Carolina state courts. His clients have included a number of elected officials, lawyers, judges, professionals, executives, business owners, and businesses ranging from publicly traded companies to one member LLC’s.
In addition to the three federal district courts in North Carolina, David has appeared in federal courts in New Hampshire, New York, Pennsylvania, Virginia and South Carolina. He has appeared before the 1st, 4th, and 11th Circuit Court of Appeals.
David has had a number of acquittals in both state and federal court and has a favorable success rate at sentencing hearings following pleas. He has also had several successful representations where no criminal charges were brought against his client.
He has an active civil practice in both state and federal courts in North Carolina as well as federal courts in South Carolina, Virginia, Maryland, and Arizona. He has represented clients in False Claims Act cases, antitrust, condemnation, and will contests among others.
With the exception of two years where he served as an Assistant United States Attorney in the Eastern District of North Carolina, David has been a career attorney at Poyner Spruill and its predecessor.
Areas of Focus
+White Collar Criminal Defense
Represented the President of a healthcare company charged under the False Claims Act in cases filed in the Federal District Court for the Western District of North Carolina and for the District of Arizona. Obtained pretrial dismissals based on lack of jurisdiction and judicial estoppel.
Represented a farmer in a crop insurance fraud investigation; investigation terminated with no charges filed.
Represented corporate executives in two separate antitrust investigations into price fixing with no criminal charges filed against clients in either investigation.
Represented company in criminal customs investigation relating to alleged importation of counterfeit goods with investigation terminated with no criminal charges filed.
Represented corporation in class action monopsony conspiracy. Settled prior to trial.+ CLOSE
University of North Carolina, JD, 1967
Duke University, BA, 1964+ CLOSE
2012 Recipient, Joseph Branch Professionalism Award, Wake County Bar Association
2018 Recipient, David W. Daniel Award Presented by the Eastern District of North Carolina Chapter of the Federal Bar Association for Excellence in the Community
Fellow, American College of Trial Lawyers
Fellow, International Society of Barristers
Associate, American Board of Trial Advocates
Fellow, American Bar Foundation
Ranked among Super Lawyers magazine’s Top 100 North Carolina “Super Lawyers” (Business Litigation), 2006 – 2018
Recognized in Business North Carolina magazine’s “Legal Elite” Criminal Defense, 2006 – 2007, 2009, 2010 – 2014, 2016 – 2017 and Litigation, 2007 – 2008
Listed, The Best Lawyers in America® since 1989 in the following areas: Bet-the-Company Litigation, Commercial Litigation, Criminal Defense: Non-White-Collar (Grand Jury, State and Federal), Criminal Defense: White-Collar (Environmental Crimes, Federal, Forfeiture, Fraud, Securities Fraud, State, Tax, Tax-Evasion Defense), Litigation – Antitrust, Litigation – Securities, Litigation – Trusts and Estates
Recognized as the Raleigh Best Lawyers’ Criminal Defense: White-Collar Crime Lawyer of the Year for 2011+ CLOSE
+Professional & Community Activities
Wake County Bar Association, Board of Directors, 1979 – 1980, 1988 – 1989
10th Judicial District Bar Association, President, 1997
North Carolina Bar Association
American Bar Association
Federal Bar Association
Chairman, Advisory Group for the Eastern District of North Carolina under the Civil Justice Reform Act of 1991
Federal Bar Advisory Council, Member, 1988 – 1993; Chairman, 1991 – 1992
North Carolina State Bar Councilor, 2005 – 2013
State of North Carolina Inmate Grievance Resolution Board, Member 2005 – 2007
Criminal Justice Partnership State Advisory Board, 2007 – 2010
Alternate, Innocence Inquiry Commission, 2015 – 2019
Advisory Member North Carolina State Bar Ethics Committee, 2015-2016
Disciplinary Hearing Commission of the North Carolina State Bar, 2016 – present+ CLOSE