David A. Vogel is a Special Counsel in the Commercial Litigation and Commercial Class Action Litigation groups and a member of the firm's Litigation Department. He joined the firm in 2006 and is resident in the Reston office. Mr. Vogel's experiences cover a broad range of commercial disputes in federal and state courts as well as arbitration and mediation, with extensive experience specifically in telecommunication, financial services and government contract disputes.
Mr. Vogel represents clients in a wide variety of federal and state court disputes and private dispute forums, with specialized expertise on matters involving federal contractors, telecommunications, financial services, and consumer class actions. His expertise extends to all phases of complex dispute resolution, including developing strategies and drafting initial pleadings, conducting factual investigations and thorough discovery, briefing and arguing motions, preparing for trials, and briefing and arguing appeals. He regularly manages teams of lawyers and paralegals throughout the phases of each lawsuit. He also has represented clients in mediation and arbitration proceedings throughout the country.
Government Contracts. Since 1991, Mr. Vogel has had substantial experience in federal contracting disputes involving all types of industries, from major defense and aerospace contractors to SDBs. He has represented and counseled clients in litigation, including bid protests and contract claims before courts and administrative agencies. He has particular expertise in disputes between federal contractors and subcontractors, as well as in post-closing indemnification disputes involving acquisitions of federal contractors. He also has lectured and published numerous works on intellectual property issues including copyright, trade secrets and data rights in federal contracts, including the seminal treatise Licensing Software and Technology to the U.S. Government (with Matthew S. Simchak).
Telecommunications. Mr. Vogel has represented a wide variety of telecommunications companies in federal and state court matters, involving commercial disputes as well as regulatory matters. His clients have included a Regional Bell Operating Company, independent local exchange carriers, competitive local exchange carriers, and interexchange carriers. The communication disputes have included tariffed claims including access service and public access lines; intercarrier agreements; fiber leases and IRUs; slamming and cramming; fradulent traffic; post-closing indemnification disputes in the sale of telecommunication companies; and dial around compensation. For instance, Mr. Vogel presented his client's successful argument in the Ninth Circuit's leading opinion on the filed tariff doctrine, Davel v. Qwest Corporation.
Financial Services. Mr. Vogel has represented a variety of clients in the financial services industry, involved in commercial disputes with other financial services companies as well as consumer disputes. Some of the matters he has handled involved mortgage lending claims brought by consumers as well as by purchasers of mortgage portfolios; disputes about online brokerage services; various consumer claims under TILA, FDCPA, FCPA, and EFTA, as well as state-law equivalents; contract disputes with consumers; post-closing indemnification claims; and a variety of claims related to ATM services.
