David Graham
Senior Counsel
O: 651.393.6487
M: 612.499.4149
David Graham represents FDA-regulated companies in enforcement-related matters and complex disputes where regulatory risk and litigation intersect. His practice integrates FDA regulatory strategy with litigation experience to help clients navigate enforcement actions, compliance failures, recalls, and post-market disputes. Clients turn to David for disciplined enforcement response, internal investigations, and risk mitigation strategies under regulatory scrutiny.
David brings significant litigation experience to regulatory disputes, representing companies in matters involving product liability, False Claims Act allegations, and other enforcement-driven litigation. He assists clients in coordinating parallel regulatory and litigation strategies to minimize business disruption.
His work includes conducting internal investigations, advising on voluntary disclosures, and managing interactions with federal and state authorities. David also counsels companies on recall strategy, corrective actions, and documentation practices designed to mitigate downstream litigation exposure.
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