David Eggert Professor of Practice

Phone: 540-458-8335

Email: eggertd@wlu.edu

Office: 487 Lewis Hall 

Area of Expertise

Antitrust, Civil Litigation, Class Actions, Remedies,Torts, Conflict of Laws

Education

BA, Loyola University, New Orleans (1981)

JD, Duke University (1984)

About

Professor Eggert is teaching Civil Procedure in the Fall and Antitrust and Remedies the Spring. Professor Eggert has in the past at W&L also taught Torts, Property Legal Writing, and the third-year immersion programs (both Litigation and Corporate).

Before arriving at Washington and Lee in 2012, Professor Eggert taught for three years at Handong International Law School, a US-style graduate law school in South Korea that trains students from Korea and numerous other nations in US and international law. In addition to classes like those listed above he also taught Evidence, International Litigation, Oral Advocacy, and Doing Justice. While in South Korea, Professor Eggert participated in various conferences concerning global competition law and also participated in entrepreneurship training seminars in Mongolia, Cambodia, Kenya, South Korea, and Ghana. (While at W&L he participated in the same program in Zimbabwe and Peru.) He also worked with present and former students to help establish organizations in Korea dedicated to helping trafficked women, single mothers, and immigrants and refugees.

From 1984-2008, Professor Eggert was a litigator at the law firm of Arnold & Porter LLP in Washington, D.C. with a particular focus on antitrust and products liability matters. Among his most significant matters were (1) a pro bono lawsuit that successfully challenged a federal Bureau of Prisons regulation that prohibited "jailhouse lawyers" from possessing the legal materials of the inmates they were assisting (Farmer v. Federal Bureau of Prisons), (2) dismissal in mid-trial of an international criminal price-fixing case on the ground that the government did not provide sufficient evidence of a price-fixing conspiracy (United States v. General Electric Co.), (3) one of the first cases establishing the "market power" requirement in vertical restraint antitrust cases under Section One of the Sherman Act (Assam Drug. Co. v. Miller Brewing Co.), (4) an appeal resulting in reversal of the largest punitive damages award in U.S. history (Engle v. Philip Morris), and (5) an appeal resulting in dismissal of a $280 billion disgorgement claim on the ground that the civil RICO statute does not permit the remedy of disgorgement (United States v. Philip Morris). Professor Eggert also supervised a legal program by which Arnold and Porter LLP attorneys provided legal assistance to homeless women in Washington, DC. During a sabbatical for several months in 2001, Professor Eggert volunteered with the International Justice Mission in Thailand and worked on human trafficking/slavery investigations and cases and obtaining Thai citizenship and educational and health benefits for members of various Hill Tribes.

Professor Eggert has published articles in the area of antitrust and on the so-called national security exception to the Fourth Amendment's warrant requirement. His academic and professional interests include efforts against human trafficking and slavery, competition law, international and domestic religious liberty, litigation and civil procedure, evidence, appellate advocacy, remedies encouragement of domestic and international pro bono activity by the legal profession, Takings Law, and clinical training of law students and young lawyers.

Professor Eggert serves as faculty Advisor to the Christian Legal Society and the Antitrust and Consumer Law Society at Washington and Lee.

Outside of W&L, Professor Eggert has also been involved with Justice Ventures International-- an NGO that partners with groups in India and China to bring about justice for victims of human trafficking, urban poverty, and other serious injustices-and NewBridges Immigrant Resource Center, a non-profit located in Harrisonburg devoted to providing legal and other assistance to refugees and other immigrants.