David Graham
Senior Counsel
O: 651.393.6487
M: 612.499.4149
David Graham is a seasoned litigator with a proven track record of success in high-stakes cases involving food, medical devices, and pharmaceuticals. He has extensive experience defending companies against product liability claims, class actions, and government investigations, including those involving the False Claims Act and Anti-Kickback Statute.
David's deep understanding of FDA and USDA regulations makes him a valuable asset to companies facing regulatory challenges. He has successfully represented clients in matters involving labeling and advertising disputes, recalls, and foodborne illness outbreaks.
Clients rely on David's creative and strategic thinking to navigate complex legal issues and achieve favorable outcomes. He is a skilled negotiator and a tenacious advocate in the courtroom. With a career spanning decades, David brings a wealth of knowledge and a practical, results-oriented approach to every case.
Representative Experience
- Defended a national fast-food chain against local and county food regulations.
- Represented a juice manufacturer and distributor in a labeling class action in federal court.
- Represented a food testing lab in a DOJ investigation of a listeria outbreak.
- Defended a food manufacturer against Proposition 65 claims.
- Represented a food packaging company in an FTC/NAD performance claims dispute.
- Represented a medical device manufacturer in a government investigation regarding off-label marketing.
- Defended an artificial heart valve manufacturer in product liability lawsuits.
- Represented a penile implant company in nationwide injury lawsuits.
- Defended a diabetes monitor manufacturer in product liability cases.
- Defended a pharmaceutical company in mass litigation involving an erectile dysfunction drug.
- Represented an antibiotics manufacturer in product liability litigation.
- Represented a hormone replacement therapy manufacturer in mass litigation.
- Represented a medical device manufacturer in a government investigation of alleged false claims related to silicone use.
- Defended a provider in a False Claims Act case regarding Medicare billing.
- Represented a provider in a False Claims Act case regarding the medical necessity of services.
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