David L.
Balser

Class Actions

Successfully defended Capital One as lead counsel in over 60 consumer class actions relating to a data security incident announced in July 2019 involving approximately 100 million U.S. consumers. The firm obtained dismissal with prejudice of the alleged RICO claims and led the defense of the litigation through fact and expert discovery, class certification, Daubert briefing, and summary judgment briefing. Our work included litigating numerous privilege disputes, including successfully protecting a privileged root cause investigation report. Most recently, the firm negotiated a $190 million class action settlement, which was approved and resolved all of the consumer claims against Capital One and codefendant Amazon Web Services.

Successfully defended Equifax as lead counsel in the MDL involving hundreds of consumer and financial institutions class actions filed in the wake of a high-profile 2017 data breach. After more than a year and a half of contentious litigation, David led the negotiation of a class action settlement to resolve the claims of approximately 147 million U.S. consumers. David successfully defended the settlement on appeal to the 11th Circuit.

Successfully defended Delta Air Lines in a series of consumer class actions that were filed following the 2018 announcement of a cybersecurity incident involving a third-party vendor. Two of the cases were dismissed with prejudice, and the plaintiff in the third case discontinued the lawsuit.

Successfully convinced the Ninth Circuit to vacate the certification of two nationwide classes in a Telephone Consumer Protection Act case against Benefytt Technologies Inc., an insurance technology company.

Currently defending Benefytt Technologies Inc. in multiple consumer class actions alleging that some third-party distributors misrepresented to consumers the benefits available under the products sold through Benefytt.

Currently defending Novant Health, Inc. in consumer class actions alleging failure to adequately safeguard patients’ personally identifiable information and personal health information and allowed the improper and unauthorized transmission of PII and PHI to Meta (formerly known as Facebook) as a result of Novant’s use of the Meta tracking pixel on Novant’s website.

Currently defending Shutterfly, LLC in a putative class action arising from a ransomware attack bringing several claims, including under California’s Unfair Competition Laws and cause of action under the relatively new California Consumer Privacy Act.

Currently defending Emory University in a COVID-19 related class action seeking tuition refunds.

Currently defending Delta Air Lines in a COVID-19 related class action seeking ticket refunds.

Defeated class certification and obtained summary judgment for Delta Air Lines in a class action in the Southern District of Florida alleging RICO and breach of contract claims relating to trip insurance.

Defeated class certification in $300 million consumer class action on behalf of affiliates of The Southern Company in a long-running, high-stakes putative class action in Cook County (Ill.) Chancery Court asserting purported violations of the Illinois Consumer Fraud Act.

Commercial Litigation and Other Disputes

Successfully led the defense of “bet-the-company” litigation for SCANA Corporation relating to the abandonment of SCANA’s new nuclear development at the V.C. Summer plant in South Carolina. David led multiple teams of King & Spalding lawyers in the defense of ratepayer class actions, derivative claims, federal securities class actions, and state and federal governmental investigations, as well as an expedited federal court injunction proceeding seeking to block implementation of confiscatory legislation targeting SCANA. David served as lead counsel for SCANA in a 15-day evidentiary proceeding before the South Carolina Public Service Commission in which multiple parties sought to block SCANA’s proposed $14.6 billion merger with Dominion Energy. SCANA achieved a complete victory in that matter, leading to the closing of the Dominion merger in January of 2019.

Currently defending Georgia Power in a contract dispute involving alleged obligations to cover certain construction costs associated with the Plant Vogtle nuclear power units per the terms of certain agreements that govern the co-owners’ rights and obligations with respect to the project.

Recently prevailed on appeal on behalf of Global Payments Direct, Inc., a global financial technology services company, in the reversal of a $135 million verdict awarded by a jury in DeKalb County, Georgia, to Frontline Processing Corporation, an independent sales organization. King & Spalding’s comprehensive challenge of the jury’s verdict staved off a “windfall” recovery under an unprecedented damages theory and reaffirmed the limits on consequential damages awards under Georgia law and represents a rare and important reversal of a jury verdict in Georgia.

Currently representing AHS Residential, LLC, a Miami-based company that builds and operates multi-family housing across the U.S., in a breach of contract dispute involving an agreement to purchase 8.9 acres of land out of a larger tract in suburban Atlanta called “Assembly Yards.”

Currently representing Delta Air Lines, Inc. and several executives in a lawsuit seeking $1 billion in damages brought by an employee alleging that Delta misappropriated his trade secrets through Delta’s development of a text-based communications tool called Flight Family Communication.

Served as lead counsel for AT&T in an international arbitration seeking to block enforcement of a multi-million dollar judgment obtained by a former executive in Argentina. In a complete victory, the arbitration panel, after an extensive evidentiary hearing, issued a world-wide injunction preventing the former executive from seeking to enforce his judgment.

Served as lead trial counsel for a New York based hedge fund in a jury trial in Superior Court of Fulton County. The client’s entire $85 million investment in a real estate joint venture was at stake. David obtained a complete defense verdict and a verdict in his client’s favor on its counterclaims.

Served as lead trial counsel for an affiliate of Roark Capital, a leading private equity fund, in a trial in Delaware Chancery Court involving a post-acquisition tax dispute. David obtained a judgment in his client’s favor.

Has defended more than a dozen AmLaw 200 firms against claims of legal malpractice, breach of fiduciary duty, and related claims.