David Graham
Senior Counsel

dgraham@gardner.law
O: 651.393.6487
M: 612.499.4149

David Graham focuses on product liability, health law and food law litigation and counseling. He also works with clients in the food, cannabis, and psychedelics industries with regulatory matters, labeling and advertising, recalls, and food borne illness investigations and defense. David's focus in the health care area is defending entities in false claims act cases and other allegations of fraud.

David teaches food law at Mitchell Hamline School of Law, the University of Minnesota School of Law, and is the chair of the Mitchell Hamline Food Law Center.

Representative Experience

  • Extensive experience with litigation services including commercial litigation, prevention counseling, pre-litigation counseling, litigation hold letters & document retention
  • Handles fraud litigation, including FCA and fraud prosecutions in health care and MedTech product liability prevention and litigation
  • Advises on Government Investigations and Corporate Compliance
  • Provides product Liability Defense
  • Counsels federal and state administrative disputes along with appellate and critical Motions
  • Works on Pro Bono matters
  • Assesses Healthcare Compliance
  • Counsels on Class Action Defense
  • Response to federal investigations whether the client is a target or not
  • Advises on warranty and indemnification provisions in contracts
  • Works with supply chain liability protection and integrity
  • FTC regulations including NAD disputes related to substantiation of claims
  • Provides FDA and USDA food regulatory advice, including labeling, food additives and food safety
  • Performs food facility inspections and investigations as well as food recalls and subsequent recall dispute resolution and litigation
  • Counsels on food borne illness prevention and litigation and class action defense of food and other consumer product manufacturers, including OTC products
  • Advises on cannabis and psychedelics regulation at the state and federal level

Education

  • Juris Doctor, Hamline University School of Law (St. Paul, MN)
  • Bachelor of Arts, Political Science & Religion, St. Olaf College (Northfield, MN)
  • Post-graduate study of Religion, Vanderbilt University (Nashville, TN)

Bar Admissions and Qualifications

  • Minnesota
  • U.S. District Court, District of Minnesota, Arkansas, Western District of Washington, Southern District of Illinois
  • U.S. Court of Appeals, 8th Circuit and Federal Circuit
  • U.S Supreme Court

Memberships

  • Mitchell Hamline School of Law Food Law Center Advisory Board, Founding Chair
  • American Bar Association
  • Volunteer Lawyers Network, Benefactor Board Co-Chair

Faculty Appointments

  • FDA and Food Law Professor, Mitchell Hamline School of Law
  • Adjunct Professor, University of Minnesota Law School - Food, Drug and Device Law

Honors and Awards

  • Recipient of an AV Preeminent Rating by Martindale- Hubbell