David R. Marriott focuses his practice on litigating complex disputes, regularly handling his clients’ most critical cases. The American Lawyer has named him a “Litigator of the Year” and repeatedly recognized him as “Litigator of the Week.” Among other accolades, he was named a “Litigation Trailblazer” by The National Law Journal and “Trial Lawyer of the Year” by Benchmark Litigation. He is a fellow of the American College of Trial Lawyers and the International Academy of Trial Lawyers.
Mr. Marriott has tried numerous state and federal cases, handled more than two dozen appeals and been involved in various forms of alternative dispute resolution. Named a “Competition/Antitrust MVP” by Law360, he has taken a leading role in precedent-setting antitrust disputes, in addition to his significant experience in intellectual property, general commercial and securities matters.
Mr. Marriott recently won a major trial victory for LDC and its subsidiary Imperial Sugar, defeating the DOJ’s attempt to block LDC’s sale of Imperial Sugar to U.S. Sugar—the first merger challenge brought under the new chief of the agency’s Antitrust Division. At trial, he cross-examined the government’s lead economist, supporting Cravath’s successful argument that the government’s theory ignored commercial realities. Mr. Marriott also recently led Amgen in successfully resolving antitrust litigation filed by the FTC seeking to block Amgen’s $27.8 billion acquisition of Horizon Therapeutics, securing a consent order shortly before a scheduled evidentiary hearing, which The Wall Street Journal called “a rare instance” of the FTC “throwing in the towel on litigation.”
Mr. Marriott’s broad practice also includes winning summary judgment for Viatris (formerly Mylan) in a shareholder class action that asserted numerous violations of the federal securities laws, all premised on other allegations related to Mylan’s marketing, pricing and classification of EpiPen, as well as alleged conduct concerning generic drug price‑fixing and market allocation. The decision represents one of the few resolutions of a federal securities fraud litigation at summary judgment entirely in favor of defendants. Plaintiffs appealed to the Second Circuit, where Mr. Marriott delivered oral argument on Mylan’s behalf in March 2024. The circuit court affirmed the dismissal in its entirety just three weeks later.
Mr. Marriott additionally represented photographers Donald Graham and Eric McNatt in two separate copyright infringement actions against appropriation artist Richard Prince concerning application of the fair use doctrine. The court entered final judgments in favor of the photographers, barring Prince from committing any further infringement and awarding each of Graham and McNatt damages in the amount of five times the sales price of Prince’s works derived from their photographs.
Updated Oct 2024
