Attorneys
Counsel

Clerkships

Hon. Walter K. Stapleton, U.S. District Court, District of Delaware

Education

Yale Law School, J.D., 1981

Yale University, B.A., summa cum laude, 1977

  • Phi Beta Kappa
Photo of David A. Reiser

David A. Reiser

Overview
Experience
News
Affiliations

David A. Reiser focuses his practice on appellate litigation. He devotes a substantial portion of his time to pro bono matters, and was recognized by the American Bar Association with its Pro Bono Publico award in 2010 and by the District of Columbia Legal Aid Society as a Servant of Justice in 2006. Mr. Reiser provides training to lawyers and legal assistance to low-income families through the Barbara B. McDowell Appellate Advocacy Project of the Legal Aid Society, in addition to drafting amicus briefs and assisting lawyers in many other pro bono cases. He has briefed cases in the U.S. Supreme Court and briefed or argued cases in numerous federal courts of appeals and the District of Columbia Court of Appeals. Mr. Reiser also is regularly called upon to assist other lawyers in preparing for oral arguments in the Supreme Court and appellate courts. He has also taught appellate litigation at George Washington University Law School as a visiting professor. Mr. Reiser’s recent appellate work spans a broad range of issues from federal preemption, to Native American sovereignty, to housing regulation, to Article III standing.

Before coming to Zuckerman Spaeder, Mr. Reiser served in the Clinton administration at the U.S. Department of Housing and Urban Development, and as general counsel and special litigation counsel for the District of Columbia Public Defender Service, where he briefed and argued appeals, tried numerous homicides and other serious felony cases, litigated class actions and other complex matters, and advised the agency on ethics, contractual, and personnel issues. He graduated from Yale Law School and Yale College, summa cum laude and was elected to Phi Beta Kappa.

Professional Highlights

  • Represented a class of consumers challenging kickbacks in the real estate industry in an important case involving Article III standing, winning dismissal of the petition as improvidently granted. First American Co. v. Edwards, No. 10-708 
  • Represented members of Congress as amici curiae challenging federal regulations purporting to preempt state authority to investigate predatory and discriminatory lending. The U.S. Supreme Court held that state investigative authority was not preempted. Cuomo v. Clearing House, No. 08-453
  • Represented a generic pharmaceutical company seeking U.S. Supreme Court review of a decision permitting it to be sued for failing to include warnings on its label when federal law did not permit the company to alter the label. The Supreme Court granted review and reversed in a proceeding consolidated with petitions filed by another company. Pliva, Inc. v. Mensing
  • Represented a class of consumers seeking disgorgement of title insurance fees for violations of the anti-kickback provisions of the Real Estate Settlement Procedures Act (RESPA) in successfully opposing rehearing en banc in the U.S. Court of Appeals for the Ninth Circuit and in the U.S. Supreme Court against the contention that the consumers lacked Article III standing. The Supreme Court granted review but dismissed the petition as improvidently granted after briefing and argument.
  • Represented a Native American tribe in winning an injunction against foreclosure for non-payment of property taxes and affirmance of the injunction in the U.S. Court of Appeals for the Second Circuit. The U.S. Supreme Court granted review and remanded the case back to the lower court following the tribe’s waiver of sovereign immunity from foreclosure. On remand, the U.S. Court of Appeals for the Second Circuit vacated the injunction against foreclosure, confirmed the tribe’s reservation, and held that the tribe was not liable for penalties and interest on taxes accruing before a 2005 Supreme Court decision. Oneida Indian Nation v. Madison County
  • Represented a generic pharmaceutical manufacturer in seeking U.S. Supreme Court review of decisions by the U.S. Courts of Appeals for the Eighth and Fifth Circuits permitting the manufacturer to be sued for failing to include warnings on its label when the manufacturer was forbidden to do so by federal regulations. The Supreme Court granted review and reversed in a consolidated case.
  • Represented members of Congress as amici curiae in a brief urging reversal of a U.S. Court of Appeals for the Second Circuit decision holding that federal banking regulations prevented New York Attorney General Andrew Cuomo from investigating allegations of predatory and discriminatory lending. The U.S. Supreme Court reversed. Cuomo v. Clearing House, LLC
  • Represented a Native American tribe in seeking review of a U.S. Court of Appeals for the Second Circuit decision dismissing the tribe’s claim for damages for land that the state of New York acquired in transactions violating federal law. Oneida Indian Nation v. New York
  • Represented a Native American tribe on review of the U.S. Court of Appeals for the Second Circuit’s decision upholding an injunction against state taxation of land the tribe reacquired after it had been alienated in violation of federal law. City of Sherrill v. Oneida Indian Nation
  • Represented the United South and Eastern Tribes (USET) as amicus curiae supporting the tribal respondent in a case involving state authority to search tribal offices on tribal land. Inyo County v. Paiute-Shoshone Indians
  • Represented the National Association of Criminal Defense Lawyers (NACDL) and other groups as amicus curiae supporting reversal of a decision denying habeas corpus relief based on ineffective assistance of counsel. The U.S. Supreme Court reversed. Wiggins v. Corcoran
  • We currently represent the National Consumer Law Center in the U.S. Court of Appeals for the Sixth Circuit as ‎amicus curiae seeking reversal of a district court decision dismissing consumer claims based on violations of the Real Estate Settlement Procedures Act (RESPA) prohibition against kickbacks. The case has not yet been argued. Carter v. Welles-Bowen, Inc
  • Represented a Native American tribe on appeal from the dismissal of state law claims against tribal enterprise by a former heavyweight champion. The U.S. Court of Appeals for the Second Circuit affirmed. Frazier v. Turning Stone
  • We currently represent a Native American tribe on appeal of an attorney’s fee award by a former law firm seeking a larger fee. The case has not yet been argued. Bond Schoeneck & King v. Oneida Indian Nation
  • We currently represent the Legal Aid Society as amicus curiae urging the District of Columbia Court of Appeals to rule that changes in the permanency goal of a neglect case from family reunification to adoption are appealable. The matter has not yet been argued. In re Sealed Adoption
  • Represented the Legal Aid Society as amicus curiae urging reversal of an order compelling arbitration of an auto loan dispute on grounds of unconscionability. The District of Columbia Court of Appeals reversed. Keeton v. Wells Fargo
  • Represented the Legal Aid Society as amicus curiae by invitation of the District of Columbia Court of Appeals to address the scope of the tenant’s rights under the Tenant Opportunity to Purchase Act. The court agreed with Legal Aid. Richman Towers Tenants’ Ass’n v. Richman Towers
  • Represented the Legal Aid Society as amicus curiae supporting reversal of an eviction as retaliation for the tenants’ protected activity. The District of Columbia Court of Appeals reversed. Gomez v. Independence Management

Bar Admissions

Court Admissions

Academic Appointments

  • Visiting Professor of Clinical Law, George Washington University Law Center, 1995-1996
  • Visiting Assistant Professor of Law, University of Cincinnati Law School, 1984-1985

Professional Affiliations

Member, American Bar Association

Offices