People
David Willingham focuses on white-collar criminal defense and complex litigation matters. He has represented numerous individuals and entities facing governmental investigations and other complex litigation issues in both state and federal courts around the country. David has deep experience in dealing with high-profile cases, having prosecuted and defended many matters of public interest, including those involving health care fraud, financial fraud and money laundering charges. He has handled numerous parallel investigations with the SEC and other regulatory bodies, as well as numerous successful appeals before the Ninth Circuit Court of Appeals.
Prior to entering private practice, David was the Deputy Chief of the Major Frauds Section of the United States Attorney’s Office in the Central District of California. In that capacity, he spent two years supervising the subsection responsible for all health-care-fraud-related prosecutions within the district.
David has been designated as a leader by Chambers USA, Martindale-Hubbell, and other publications. Five times, from 2016-2019 and 2021, David was honored as one of California’s Top 100 Lawyers by the state’s leading legal publication. David is also a nationally recognized speaker, often speaking at events around the country on issues facing litigators and judicial officers.
David is also a respected member of the legal community. He previously served as the president of the Federal Bar Association of Los Angeles, and the co-chair of the Lawyer Representatives for the Ninth Circuit Judicial Conference.
In the past, David has also served as co-chair of the ABA’s National Committee on the Foreign Corrupt Practices Act, the ABA’s Securities Fraud Committee, and the ABA’s Financial Institution Fraud Committee.
J.D., University of Southern California
B.A., University of California-Los Angeles, cum laude
California
U.S. Court of Appeals for the Ninth Circuit
U.S. District Court for the Central District of California
U.S. District Court for the Eastern District of California
U.S. District Court for the Northern District of California
U.S. District Court for the Southern District of California
Board of Directors, Los Angeles Chapter, Association of Business Trial Lawyers
Chairperson, American Bar Association, West Coast White Collar Crime Committee (2006–2008)
Lawyer Representative, Ninth Circuit Judicial Conference (2013–Present); Co-Chair (2015–2017)
Member of the board of directors, Los Angeles Federal Bar Association (2006–present)
Member, State Bar of California, Client Security Fund Commission (2005–2009)
President, Los Angeles Federal Bar Association (2015–2016)
September 23, 2024
David Willingham advises Atom Investors on its settlement with the SEC over recordkeeping practices
June 20, 2024
King & Spalding Secures Victory for LGBTQ+ Veterans Against Department of Defense
Recently served as lead trial counsel for the founder of a hedge fund in an SEC administrative proceeding alleging fraud against the founder and his fund in connection with investment decisions made by his investors. Earning national recognition for the result, Dave received a rare directed verdict against the SEC following trial for much of the case, and the ALJ later dismissed the SEC’s remaining fraud theories against his client. Dave was tapped for this representation after earning a complete dismissal at trial for the client in a previous proceeding
Recently served as lead trial counsel for a health care company in a matter where plaintiffs alleged over $100M in damages as a result of alleged employment discrimination by the company. The trial team successfully convinced the court to bifurcate all claims, which led to a defense victory at the initial trial
Achieved an extraordinary resolution after more than 6 years of litigation for RD Legal Funding and its CEO in a matter against the CFPB and the New York AG. RD Legal Funding settled this critical matter for a mere $1 civil penalty and no admission of liability and no other penalty to the clients. That result is unprecedented in the financial services sector in a contested litigation. This result follows a groundbreaking ruling in 2018 which held that CFPB is an unconstitutionally structured entity.
See more
December 13, 2023
General Counsel’s Decision Tree for Internal Investigations for the Financial Services Industry
December 12, 2023
General Counsel’s Decision Tree for Internal Investigations for the Life Sciences Industry
December 8, 2023
General Counsel’s Decision Tree for Internal Investigations for the Food and Beverage Industry
September 23, 2024
David Willingham advises Atom Investors on its settlement with the SEC over recordkeeping practices
June 20, 2024
King & Spalding Secures Victory for LGBTQ+ Veterans Against Department of Defense
Recently served as lead trial counsel for the founder of a hedge fund in an SEC administrative proceeding alleging fraud against the founder and his fund in connection with investment decisions made by his investors. Earning national recognition for the result, Dave received a rare directed verdict against the SEC following trial for much of the case, and the ALJ later dismissed the SEC’s remaining fraud theories against his client. Dave was tapped for this representation after earning a complete dismissal at trial for the client in a previous proceeding
Recently served as lead trial counsel for a health care company in a matter where plaintiffs alleged over $100M in damages as a result of alleged employment discrimination by the company. The trial team successfully convinced the court to bifurcate all claims, which led to a defense victory at the initial trial
Achieved an extraordinary resolution after more than 6 years of litigation for RD Legal Funding and its CEO in a matter against the CFPB and the New York AG. RD Legal Funding settled this critical matter for a mere $1 civil penalty and no admission of liability and no other penalty to the clients. That result is unprecedented in the financial services sector in a contested litigation. This result follows a groundbreaking ruling in 2018 which held that CFPB is an unconstitutionally structured entity.
See more
December 13, 2023
General Counsel’s Decision Tree for Internal Investigations for the Financial Services Industry
December 12, 2023
General Counsel’s Decision Tree for Internal Investigations for the Life Sciences Industry
December 8, 2023
General Counsel’s Decision Tree for Internal Investigations for the Food and Beverage Industry
September 23, 2024
David Willingham advises Atom Investors on its settlement with the SEC over recordkeeping practices
June 20, 2024
King & Spalding Secures Victory for LGBTQ+ Veterans Against Department of Defense
J.D., University of Southern California
B.A., University of California-Los Angeles, cum laude
California
U.S. Court of Appeals for the Ninth Circuit
U.S. District Court for the Central District of California
U.S. District Court for the Eastern District of California
U.S. District Court for the Northern District of California
U.S. District Court for the Southern District of California
Board of Directors, Los Angeles Chapter, Association of Business Trial Lawyers
Chairperson, American Bar Association, West Coast White Collar Crime Committee (2006–2008)
Lawyer Representative, Ninth Circuit Judicial Conference (2013–Present); Co-Chair (2015–2017)
Member of the board of directors, Los Angeles Federal Bar Association (2006–present)
Member, State Bar of California, Client Security Fund Commission (2005–2009)
President, Los Angeles Federal Bar Association (2015–2016)