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David Hickerson

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36 years of experience
Tax Law
District of Columbia

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Practice Area

Tax Law

Jurisdictions Admitted to Practice

District of Columbia: District of Columbia Bar
Since 1988

Professional Experience

Partner: Weil, Gotshal & Manges LLP; Current

: Current; Mizuho Corporate Bank, Ltd., et al. v. Enron Corp. Lead litigator for Enron defending against $360 million constructive trust claim brought by a group of banks. Court granted motion to dismiss all claims. Oracle Corporation v. CommissionerLead counsel for Oracle in Tax Court litigation concerning the applicability of Foreign Sales Corporation tax benefits to exports of computer software. The IRS fully conceded the case after five years of litigation, resulting in savings of tax and interest of over $150 million for Oracle. Also represented Oracle as Amicus Curiae in support of taxpayer’s successful appeal to Ninth Circuit on related issue in Microsoft v. Commissoner. Armstrong World Industries Inc. v. Center for Claims ResolutionLead litigator for Armstrong in obtaining summary judgment in action to prevent draw on $56 million bond. In re Certain Compact Disc and DVD HoldersLead litigator for the petitioner in section 337 design patent infringement proceeding at International Trade Commission against eight accused infringers. Obtained favorable settlements with or exclusion orders against all respondents. Connecticut Resources Recovery Authority v. Enron CorpCounsel for Enron in adversary proceeding brought by agency of the State of Connecticut seeking imposition of $220 million constructive trust. Obtained dismissal of all claims. Atlantic Embroidery v. VanguardLead litigator for defendant Vanguard in antitrust lawsuit in the Eastern District of Virginia. Plaintiff dismissed all claims with prejudice on eve of defendant’s summary judgment motion. Shana v. WordPerfect CorporationLead litigator for defendant WordPerfect in trademark infringement case in the Eastern District of Virginia. Successfully defeated preliminary injunction motion and obtained favorable settlement during discovery phase. Defense Enterprise Fund v. Svetlana Electron DevicesLead litigator for investment fund defending breach of contract lawsuit in the Eastern District of Virginia’s “rocket docket” brought by rejected potential joint venture partner. Obtained dismissal of all claims on pre-trial motion to dismiss. American Airlines v. United StatesCounsel for American Airlines in tax refund lawsuit in the United States Court of Federal Claims. Settled for full refund plus interest on American’s principal refund claim following successful appeal to the United States Court of Appeals for the Federal Circuit. Data General v. United StatesLead litigator for Data General in tax refund case in the United States Court of Federal Claims. Obtained favorable settlement. FTC v. Gyma LaboratoriesLead litigator for defendant Gyma in MDL proceeding and consolidated government enforcement actions alleging antitrust claims in the United States District Court for the District of Columbia.

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