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Fulbright & Jaworski L.L.P.

David Foster, Foster, Fulbright & Jaworski L.L.P., Fulbright & Jaworski, Fulbright and Jaworski, Fulbright, antitrust, civil litigation, consumer protection, monopolization, mergers & acquisitions, mergers and acquisitions, State Action Doctrine, Federal Trade Commission, Trade Association, Price Fixing, constitutional, First Amendment Noerr-Pennington Issue, federal agencies, Antitrust Division, Federal Trade Commission, real estate, Real Estate Settlement and Procedure Act, litigation, administrative, Washington DC, Washington D.C.
David M. Foster - Fulbright & Jaworski LLP
David M. Foster
Partner
D: +1 202 662 4517
Washington, D.C.
Market Square
801 Pennsylvania Avenue, N.W.
Washington, DC 20004-2623
T: +1 202 662 0200
F: +1 202 662 4643
AREAS OF CONCENTRATION
EXPERIENCE

David Foster, a partner in the Washington, D.C., office of Fulbright & Jaworski L.L.P. 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.  Mr. Foster 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.

Mr. Foster is the co-head of the firm's Washington, D.C., antitrust and trade regulation group.  He also co-chairs a firmwide litigation practice group dedicated to antitrust and trade regulation matters.

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

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 pricefixing 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
PUBLICATIONS
  • "On the Prowl for Online Predators," The Washington Post, January 13, 2008
  • "Unscrambling the Eggs: Once the Merger is Done, FTC Enforcement Can Still Break up the Deal," Legal Times, March 21, 2005
EDUCATIONAL BACKGROUND

1981 - J.D., The University of Virginia
1975 - B.A., with distinction, The University of Virginia

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.

CIVIC INVOLVEMENT
  • Member, Virginia Board of Education
  • Arlington County School Board, Member and Chairman (2000-2008) 






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