David H. Thompson is an American trial attorney and the managing partner of the law firm Cooper & Kirk, PLLC, a litigation boutique.[1][2][3] In addition to his representation of clients, Thompson is in charge of the firm's hiring.[4] He also gives talks at Federalist Society events.[5]
Thompson has litigated numerous high-profile cases, including civil litigation on behalf of the Duke lacrosse players,[6] challenges to a wide variety of gun control laws around the country,[7][8] civil rights claims, First Amendment challenges,[9] and separation of powers issues. Beyond constitutional law, he has also secured several large trial verdicts in commercial disputes, including a $205 million trial verdict in AmBase Corporation v. United States.[10][11] This case was hailed as a "remarkable victory" for the "AmBase legal team, led by David H Thompson."[12] He frequently advises government whistleblowers in qui tam matters.[13] In 2020, he cooperated with the State of Arizona to bring a lawsuit against Google, “alleging the tech giant uses deceptive and unfair practices to get users’ location data and fuel its massive advertising business.” [14][15] Thompson has been described as "highly skilled in managing protracted and complex litigation with [a] demonstrated track-record."[16]
On December 9, 2020, Thompson presented his first oral argument at the United States Supreme Court in Collins v. Mnunchin[17] The issues in that case concerned separation of powers and consequences when government actors exceed their constitutional authority.[18] This case was an appeal from a 5th Circuit Court of Appeals decision in which Thompson and his clients "notched a win in their years long challenge to the U.S. sweep of nearly all of the mortgage-finance giants’ profits, a victory in their fight for gains from the companies’ return to profitability."[19]
On December 2, 2022, Thompson argued Moore v. Harper, also known as the Independent State Legislature case, at the Supreme Court.[20] This case was considered one of the most high-profile of the term, and it elicited extensive media coverage.[21]
Thompson testified before the House Judiciary Committee concerning the government's conduct in the Operation Choke Point Scandal.[22] He also represented former Attorney General John Ashcroft in connection with his testimony on the DOJ’s so called “torture memos” before the House Judiciary Committee.[23]
In a lawsuit during the 2020 election cycle, Thompson represented Republican legislative leaders[24] in defending North Carolina voter ID laws that make it more difficult to vote.[25] He represented the North Carolina General Assembly in Moore v. Harper at the Supreme Court in 2022, advocating for the Independent state legislature theory,[26] which claims that state legislatures have the sole authority to decide the outcome of elections.
Education and personal life
Thompson attended Groton School where he graduated in 1987.[4] He then went on to attend Harvard University where he graduated with an AB degree, magna cum laude in 1991, and was elected to Phi Beta Kappa. In 1994, Thompson received a JD degree, cum laude, from Harvard Law School.[27]
