David Fotouhi

David Fotouhi is an associate in the Washington, D.C. office of Gibson, Dunn & Crutcher. He practices in the firm’s Litigation Department.

Mr. Fotouhi’s practice focuses on environmental litigation and toxic tort defense. He has represented clients in federal and state litigation, including agency enforcement actions, cost recovery matters, and toxic tort cases. Representative matters include:

* Prosecuting a multi-million dollar CERCLA action on behalf of a major defense contractor against the United States for recovery of costs incurred remediating perchlorate and trichloroethylene soil and groundwater contamination at a former rocket motor manufacturing facility, which included conducting direct and cross-examinations of expert and fact witnesses during a multi-week bench trial in federal district court.
* Defending a pulp and paper manufacturer in a Clean Air Act enforcement action brought by the Department of Justice, which included conducting cross-examinations of government witnesses during a bench trial in federal district court.
* Defending a pulp and paper manufacturer in a toxic tort mass action against allegations that air emissions from the manufacturer’s facility caused property damage and personal injuries.
* Defending a major government contractor in a RCRA civil enforcement and False Claims Act action in federal district court arising from the operation of a Department of Energy facility.
* Challenging a state’s application for a Clean Air Act preemption waiver for its zero-emission vehicle regulations on behalf of a transportation trade association.

Mr. Fotouhi also has experience with congressional investigations, including defending a wireless broadband company in multiple congressional investigations relating to the company’s interactions with the Federal Communications Commission.

Prior to joining the firm, Mr. Fotouhi served as a law clerk to the Honorable Raymond W. Gruender of the United States Court of Appeals for the Eighth Circuit.

Mr. Fotouhi received his Juris Doctor from Harvard Law School in 2010. While at Harvard, Mr. Fotouhi received the Dean’s Award for Community Leadership and served as an Executive Editor of the Harvard Journal of Law & Public Policy and as President of the Harvard Federalist Society. In 2007, Mr. Fotouhi earned a Bachelor of Arts degree summa cum laude from Vanderbilt University, where he majored in History and Political Science.

Mr. Fotouhi is admitted to practice law in Texas and the District of Columbia, and before the United States District Court for the District of Columbia.