David M. Foster

Of Counsel
Norton Rose Fulbright US LLP

David M. Foster

David M. Foster

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Biography

David Foster, a partner in the Washington, D.C., office since 1990, handles antitrust, trade regulation and other litigation matters. He also counsels clients on merger and acquisition, restraint of trade, monopolization, Real Estate Settlement Procedures Act (RESPA) and consumer protection issues. David has extensive experience dealing with investigations brought by the Department of Justice, the Federal Trade Commission, the Department of Housing and Urban Development and other agencies as well as state attorneys general.

David is the co-head of the Washington, D.C., Antitrust and Competition group.


Professional experience

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JD, The University of Virginia, 1981
BA, with distinction, The University of Virginia, 1975

Mr. Foster was admitted to practice law in Virginia and the District of Columbia in 1981. He is a member of the bar of the Supreme Court of the United States and numerous federal circuit and district courts. From 1975-78, he served as Legislative Director for Congressman Robert W. Daniel, Jr.

  • District of Columbia Bar
  • Virginia State Bar
Mr. Foster's mergers and acquisitions experience in publicly reported matters includes:
  • Obtaining FTC and state approvals for acquisitions by Tesoro Corporation, a leading independent petroleum refiner and marketer, of refineries in California, Washington and Hawaii
  • The acquisition of ILEX Oncology, Inc. by Genzyme Corporation, consummated after negotiation of a precedent-setting FTC consent order
  • Allbritton Communications' sale of television station WJXX to a competitor in Jacksonville, Florida, one of the first combinations of network affiliates in the same metropolitan area
  • Acquisition of Vista Chemical Company by Germany's RWE - and Vista's subsequent acquisition by South Africa's Sasol Limited
  • Obtaining FTC clearance for an alliance of leading hospitals in a major metropolitan area

His litigation experience includes:
  • Defense of leading petroleum products refiner in multiparty class action in California alleging collusion in gasoline marketing
  • Representation of marine products manufacturer against monopolization and restraint of trade allegations in federal district courts in Alabama and California
  • Defense of national insurance company against multistate class action allegations of price-fixing and RESPA violations
  • Representation of a technology firm in patent and antitrust litigation in federal district court in Delaware
  • Defense of a national trade association against conspiracy allegations in federal district court in Washington
  • Washington D.C. & Baltimore's Top Rated Lawyers, LexisNexis Martindale-Hubbell, 2012 - 2017
  • Washington DC Super Lawyers, antitrust litigation, Thomson Reuters, 2014 - 2017
  • Legal 500 USA, recommended lawyer, Antitrust - Merger control, The Legal 500, 2014, 2017-2018
  • Legal 500 USA, recommended lawyer, Antitrust - Civil litigation/class actions: defense, The Legal 500, 2018
  • Best Lawyers in America, Best Lawyers, 2018-2019
  • Distinguished Service to the Commonwealth Award, The University of Virginia's Curry School of Education Foundation, 2013
  • Co-Author, "FTC announces increased HSR thresholds for 2017," Fulbright Alert, January 2017
  • Co-Author, "FTC releases first formal policy on unfair methods of competition," Fulbright Alert, August 2015
  • "Supreme Court Trims Scope Of State Action Antitrust Defense: Mere Authorization by State Will Not Suffice," Fulbright Alert, February 20, 2013
  • Co-Author, "FTC Announces Increased HSR Thresholds for 2013," Fulbright Alert, January 10, 2013
  • Co-Author, "HSR Thresholds Rise Again With Rise in GNP," Fulbright Alert, January 26, 2012
  • Co-Author, "FTC Expands HSR Reporting Requirements," Fulbright Briefing, July 8, 2011
  • Co-Author, "The DOJ Strikes Back: Lucasfilm Required to Stop Entering Into Non-Solicitation Agreements with Competing Employers," Fulbright Alert, December 23, 2010
  • Co-Author, "FTC Proposes Expanding HSR Notification Reporting Requirements," Fulbright Briefing, August 18, 2010
  • Co-Author, "Financial Reform Legislation Establishes New Bureau of Consumer Financial Protection," The International Law Firm of Fulbright & Jaworski - Financial Reform Task Force, July 21, 2010
  • Co-Author, "Federal Agencies Propose New Merger Guidelines," Fulbright Alert, April 20, 2010
  • "On the Prowl for Online Predators," The Washington Post, January 2008
  • Co-Author, "Supreme Court Overturns Century-Old Ban on Minimum Resale Price Agreements," Fulbright Alert, June 27, 2007
  • Co-Author, "Congress Watch: What Are The New Antitrust Energy Proposals?," Fulbright Alert, March 27, 2007
  • "Unscrambling the Eggs: Once the Merger is Done, FTC Enforcement Can Still Break up the Deal," Legal Times, March 21, 2005
  • "In M&A Land, It Ain't Over Even When It's Over," Antitrust Update, January 2005
  • "Company Ordered to Divest Assets More than Two Years After Closing," Legal Update, July 2003
  • Co-Author, "New Competitor Collaboration Guidelines Are Issued," Legal Update, April 2000
  • President, Virginia Board of Education (2012 - 2014)
  • Arlington County School Board, Member and Chairman (2000 - 2008) 
  • Board Member, Project Discovery of Virginia
  • Board member, Curry School of Education Foundation, University of Virginia
  • Community Advisory Council, Encore Learning