David Jay Federbush

David Jay Federbush

Sole Practitioner
Of Counsel For Antitrust To Miami Area Law Firm
Location:
Bethesda, Maryland
Phone:
301-657-4680
Fax:
301-657-4684
Email:

With 42 years of legal experience, I provide civil litigation, and federal and state trade regulation services at the Bethesda, Maryland law office of David J. Federbush, Esq., just across the District of Columbia line.  Admitted to practice in Maryland, D.C. and Florida, I represent individual and corporate clients and also provide consulting and advisory services to other lawyers and law firms who seek me out. Such matters chiefly involve federal and state investigations of client compliance with consumer protection laws.  My cases have also included complex business dispute litigation, intellectual property matters, and plaintiffs’ and financial fraud claims.  I also serve as Of Counsel for Antitrust to Zumpano Patricios, of 312 Minorca Ave., Coral Gables, FL,  a Miami area law firm representing health care and other clients. 

My time in private practice was preceded by 12 years as a civil prosecutor at the Federal Trade Commission, where I concentrated on consumer and investment fraud cases.  I appeared as counsel of record in multiple federal district courts and federal courts of appeals.  During my tenure at the FTC, I won awards for Meritorious Service for excellence and dedication to the public interest, and for Superior Service for excellent performance in the prosecution of investment fraud.  Of course, I also learned how the agency works.

After leaving the FTC, I published numerous articles on Florida’s chief consumer protection law, numerous of which have been cited in state and federal court judicial decisions.  I was subsequently appointed to the Board of Editors of The Florida Bar Journal, including a term as Board Chair.  I was also selected by the American Bar Association’s Antitrust Law Section to prepare the Maryland state law summary of its consumer protection statute judicial decisions for its Consumer Protection Law Developments publications in 2013 and 2016.

In my view, one of the key assets a litigator can bring to evaluating a case and formulating and executing an individualistic strategy, is a well-honed judgment based on a broad substantive and procedural experience. It must be complemented by an equal ability to present the particular merits of my client’s case forcefully and persuasively, both orally and in writing, whether to opposing counsel, a court, or an administrative agency.  Tenacity and perseverance are also critical.

I am a graduate of Yale University (summa cum laude) and Stanford Law School.

Areas of Practice

  • Business Dispute
  • Administrative Law - FTC
  • Antitrust
  • Regulatory, including Regulatory Takings
  • Deceptive and Unfair Trade Practices and Antitrust
  • Complex Commercial Litigation
  • Consumer Law and Privacy
  • Contracts
  • Financial Fraud
  • Financial Institutions
  • Insurance
  • Intellectual Property

Litigation Percentage

  • 80% of Practice Devoted to Litigation

Bar Admissions

  • District of Columbia, 1977
  • Florida, 1988
  • Maryland, 1992
  • U.S. District Court of the District of Columbia, 1988
  • U.S. District Court Southern District of Florida, 1988
  • U.S. District Court District of Maryland, 1994
  • U.S. District Court Middle District of Florida, 2004
  • U.S. Court of Federal Claims, 2012
  • U.S. Court of Appeals 9th Circuit, 1980
  • U.S. Court of Appeals District of Columbia Circuit, 1988
  • U.S. Court of Appeals 11th Circuit, 1989
  • U.S. Court of Appeals 2nd Circuit, 1993
  • U.S. Court of Appeals 4th Circuit, 1998
  • U.S. Supreme Court, 1988

Education

  • Stanford Law School, Stanford, California
    • J.D. - 1976
    • Honors: Law Clerk to Judge Winslow Christian, California Court of Appeal
  • Yale University, New Haven, CT, USA
    • B.A. summa cum laude - 1971
    • Honors: Phi Beta Kappa
    • Major: Psychology

Published Works

  • "The Unexplored Territory of Unfairness in Florida's Deceptive and UnfairTrade Practices Act", The Florida Bar Journal, May, 1999
  • "Little FTC Act Claims Are Some Big Deal", The National Law Journal (In Focus Health Care section), July 5, 1999
  • "The Unclear Scope of Unconscionability in FDUTPA", The Florida Bar Journal, July-August, 2000
  • "Florida and Federal Protection of Privacy in E-Commerce", The Florida Bar Business Law Section Quarterly Report, February, 2001
  • "Halting Unauthorized Access to Personal Data", The National Law Journal (In Focus Computer Law section), March 5, 2001
  • "Obtaining Relief for Deceptive Practices Under FDUTPA", The Florida Bar Journal, November, 2001
  • "FDUTPA for Civil Antitrust: Additional Conduct, Party, and Geographical Coverage; State Actions for Consumer Restitution", The Florida Bar Journal, December, 2002
  • "Rebuttable Presumption of Reliance in Class Actions", The Maryland Bar Journal, July/August, 2003
  • "Entitlement to Attorney's Fees Under FDUTPA", The Florida Bar Journal, January, 2004
  • "Damages Under FDUTPA", The Florida Bar Journal, May, 2004

Classes/Seminars

  • "Florida's Deceptive and Unfair Trade Practices Act", CLE Seminar - Current Issues in Litigation - Miami, FL 2003
  • "Trying and Defending a Consumer Protection Case", CLE Seminar - Miami FL, January, 2004
  • "Litigation under FDUTPA", Florida Bar Association, Continuing Legal Education Seminar, Coral Gables, Fla., March 2004

Honors and Awards

  • FTC Award for Meritorious Service: For Tireless Efforts, Commitment to Excellence and Dedication to the Public Interest, 1983
  • FTC Award for Superior Service: For Sustained Excellent Performance in the Prosecution of Investment Fraud, 1988

Professional Associations and Memberships

  • American Bar Association (Antitrust Law Section), Selected as author for the Maryland state law sections to the ABA Antitrust Section's 2013 Review of Consumer Protection Law Developments and 2016 Second Edition of Consumer Protection law Developments.
  • D.C. Bar (Antitrust Section)
  • Florida Bar (Past Member, Florida Bar Journal Editorial Board; Member Out Of State Section)
  • Maryland State Bar Association (Litigation Section)

Past Employment Positions

  • Federal Trade Commission, Bureau of Consumer Protection, Washington, D.C., Senior Litigator, 1977 - 1988
  • Complex Commercial Litigation , Attorney, Miami Law Firm, 1988 - 1993
  • Commercial & Negligence Litigation Firm, Washington, D.C./Miami, FL, Partner, 1994 - 1997
  • Civil Litigation Firm, Bethesda, MD 1993-1994, 1997-2000, Partner