Foster, David S.

David S. Foster

Retired Partner

David Foster retired from the partnership in November 2013. He specialized in litigation and trials involving complex intellectual property, insolvency and commercial disputes. At the time of his retirement, he was admitted to practice in the 3rd, 5th, 6th, 7th, 8th and Federal US Circuit Courts of Appeal, the US Supreme Court and numerous federal district courts around the United States.

In the intellectual property arena, Mr. Foster's practice focused on patent infringement cases in the electrical and mechanical fields, including automotive and truck engine systems; computer and e-commerce software and hardware; encryption and control of digital communications; semiconductor manufacturing, design and controls; and a range of industrial and consumer products. Mr. Foster also litigated numerous technology licensing and trade secrets disputes involving e-commerce, enterprise software, automotive components, and retail and consumer products.

In the insolvency arena, Mr. Foster had extensive experience litigating fraudulent conveyance, Ponzi clawback, lender liability and enterprise and asset valuation disputes in bankruptcy and district courts around the United States.

In other complex commercial matters, Mr. Foster’s experience included constitutional litigation challenging state regulation of wine and spirits distribution; post-acquisition indemnity and tax-sharing disputes; fiduciary liability claims in the venture capital arena; promotional games litigation in the fast food field and dealership litigation in the automobile industry.

Mr. Foster served as a legislative aide to then-Congressman (later Senator) Phil Gramm of Texas. He also served as a law clerk to the Hon. Arlin M. Adams of the 3rd US Circuit Court of Appeals in Philadelphia, Pennsylvania.


  • JD, Yale Law School, 1983
  • BA, Princeton University, 1979