David Freeburg | Corr Cronin Michelson Baumgardner Fogg & Moore LLP
David Freeburg
dfreeburg@corrcronin.com
(206) 501-3512

 

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Practice Overview

David Freeburg brings his lengthy experience with high stakes litigation to Corr Cronin’s leading trial practice. His commercial litigation practice focuses on complex claims for fraud, breach of contract, and violations of state and federal statutes governing sophisticated clients across the country. He has represented corporations, board members, and individual investors across a wide range industries, including structured finance, private equity, healthcare, mortgage lending, investment management, hardrock mining, and nuclear energy. He also has particular expertise in the resolution of cross-border legal disputes.

In addition to his complex litigation practice, Mr. Freeburg has obtained immigration asylum, pro bono, for numerous clients fleeing persecution around the world. He has represented clients from diverse countries including Burundi, El Salvador, Guatemala, Nicaragua, and Russia, among others.

Before returning to the Pacific Northwest and joining Corr Cronin, Mr. Freeburg was a senior associate in the Washington, DC office of Goodwin Procter, one of the nation’s leading law firms. He was the 2014 recipient of Goodwin Procter’s only associate award, named after former chairman Robert B. Fraser, in recognition of his significant contributions to public service. He has also been recognized for his written and oral advocacy, as well as creative solutions to complex legal problems.

Representative Cases

Securities Litigation

  • Defended Countrywide Securities Corp. and related entities against fraud and securities claims in five cases filed by institutional investors holding over $4 billion in residential mortgage-backed securities.
  • Defended Countrywide Securities Corp. and related entities against four cases filed by monoline bond insurers alleging fraud and breach of contract. Obtained favorable $2.9 billion settlements of claims related to $22 billion of mortgage-backed securities.
  • Defended RBS Securities Inc. and related entities against a bond insurer alleging $100 million in damages for fraud, breach of contract, and insurance claims relating to a $1.15 billion securities offering. Obtained precedent-setting dismissal of insurance claims and successful resolution of all remaining claims without discovery.

Commercial Business Disputes

  • Obtained $9 million judgment on behalf of private equity investor in multi-state hospice care provider after demonstrating annual revenue was deliberately inflated by former owner.
  • Advised minority shareholder in rights regarding his investment in a distressed technology company.  Negotiated favorable resolution providing client with increased rights to oversight over company management.
  • Currently representing investor in telecommunications firm against founders’ claims for breach of contract and wrongful termination.
  • Successfully defended online retailer against a supplier’s claims for breach of an inventory agreement.

Investment Management Litigation

  • Represented individual directors of a major mutual fund complex as non-party witnesses in litigation alleging $450 million in excessive advisory fees under the Investment Company Act of 1940.
  • Defended investment advisor for a top mutual fund complex in litigation seeking $100 million in damages due to excessive advisory fees.

Cross-Border Litigation

  • Defended an American bank against fraud claims by German and Luxembourger investors holding over $190 million in residential mortgage-backed securities. Led discovery into institutional investment advisers and obtained summary judgment against all claims, due to lack of any reasonable reliance on alleged misstatements in offering documents.
  • Successfully protected customer information held by foreign subsidiary of a global bank against improper subpoena from the U.S. Department of Justice.
  • Currently representing Japanese-American investor in recovery of assets fraudulently invested in Korean real estate. Pursuing claims for fraud and breach of contract against individual investment advisors.

Employment Litigation

  • Currently representing multinational corporation against putative class alleging misclassification as independent contractors.
  • Performed internal investigation in response to allegations of intentional wrongdoing by self-styled whistleblowers in the mortgage-servicing industry.
  • Currently representing technology company against former executives’ claims for wrongful termination.

White Collar Crime and Internal Investigations

  • Defended developer of high-frequency trading algorithm in SEC investigation into market-timing allegations. Coordinated response to discovery requests and prepared for response to parallel criminal investigation.
  • Represented investment management professional in FINRA investigation regarding unauthorized fees charged to individual investors. Successfully defused investigation without civil or criminal charges filed.
  • Represented non-party witness in litigation alleging wrongful disclosure of confidential taxpayer information by the IRS. Successfully defused allegations without criminal charges filed.
  • Advised the family of a murder victim regarding release of the man responsible for murdering their brother/son. Represented the family before the Washington Indeterminate Sentence Review Board, which subsequently rejected the offender’s petition for early release under recent juvenile re-sentencing legislation.
  • Currently representing employees of a regional bank in an SEC investigation into accounting misstatements.

Financial Services Litigation

  • Defended affiliates of Bank of America and Wells Fargo in seven suits brought by putative classes and individual mortgage borrowers regarding claims for fraud, breach of contract, and multiple federal statutes. Won favorable judgments at dismissal and summary judgment stages in state and federal courts across the country. Successfully defended judgments on appeals to the Ninth and DC Circuits.
  • Defended national mortgage lenders and affiliated reinsurers in two putative class actions alleging violations of federal anti-kickback statute. Obtained summary judgment against putative class prior to class-wide discovery or certification.
  • Led the defense of Discover Bank in litigation filed by insolvent borrower. Secured dismissal of all claims prior to discovery.

Statutory and Regulatory Compliance

  • Advised major hardrock mining company regarding compliance with securities and environmental statutes, including US and EU mercury export bans. Drafted legislation regarding property acquisitions and public access to reclaimed mines for introduction at state and federal level.
  • Advised trade organization with strategic response to proposed income tax legislation. Drafted advocacy memorandum for circulation to legislators demonstrating proposed statute was unconstitutional and vulnerable to taxpayer litigation.

Energy Litigation

  • Represented nuclear power facilities in relicensing proceedings before the New York State Department of Environmental Conservation. Worked closely with engineering experts regarding environmental impacts of proposed cooling technology at two 2,000-megawatt facilities.
  • Represented 620-megawatt nuclear power facility in proceedings before the Vermont Public Service Board related to unintentional discharges of radioactive materials.

Real Estate Disputes

  • Currently defending King County against numerous coordinated cases challenging ownership of former railroad corridors valued at over $100 million. Defeated motion for preliminary injunction and secured dismissal of claims for quiet title and a declaratory judgment regarding ownership of the corridor.
  • Represented multinational retail tenant in litigation regarding early termination of commercial lease.
  • Defended national mortgage lender against putative class seeking to invalidate security interest in all mortgaged property in the state of Maryland. Defeated class certification and obtained summary judgment against all claims for relief.
  • Defended partner in failed entertainment company against claims for indemnity due to breach of a commercial lease.

Immigration Asylum Applications

  • Won immigration asylum for citizens of Burundi, El Salvador, Guatemala, and Nicaragua. Lead attorney for a dozen immigrants in agency proceedings and administrative trials.

Education

  • J.D., Georgetown University Law Center, 2009 (cum laude)
  • B.S., Biology, Gonzaga University, 2006 (magna cum laude)
  • B.A., Economics and Political Science, Gonzaga University, 2006 (magna cum laude)

Previous Experience

While at the Georgetown University Law Center, Mr. Freeburg worked in the Federal Legislation Clinic for a coalition of disability-rights groups. As a result of the groups’ successful lobbying to amend the Americans with Disabilities Act, the ADA Amendments Act of 2008 passed the Senate and House of Representatives unanimously and became law on Jan.1, 2009.

Prior to graduating from law school, Mr. Freeburg spent summers working as a naturalist for a municipal parks department in Everett, Washington and as a legal clerk for Defenders of Wildlife.

Bar and Court Admissions

Mr. Freeburg is admitted to practice in the District of Columbia, Massachusetts, and Washington, before the U.S. District Courts for the District of Columbia, Massachusetts, Maryland, and Washington, and in the U.S. Courts of Appeal for the District of Columbia, First, and Ninth Circuits.