Senior Counsel
Don has handled a wide range of highly complex litigations, both at trial and on appeal. He has been recognized by The Legal 500 for trade secret litigation. His principal focus is on the litigation of patent cases, representing both patentees and accused infringers, and he has litigated in a variety of technologies, including telecommunications, semiconductors, genetic engineering, chemical distillation processes, and medical devices. He has also done considerable work in other areas, including trademark, antitrust, state and federal unfair competition, trade secret, and similar matters. Further, Don has been involved in a large number of appeals in the U.S. Court of Appeals for the Federal Circuit, including numerous appeals that have resulted in the overturning of a substantial jury verdict.
Before joining the firm, Don served for 16 years as a trial attorney with the U.S. Department of Justice (DOJ), handling cases throughout the United States. At the DOJ, he was initially in the antitrust division and later in the civil division, where he represented the Food and Drug Administration (FDA), the Federal Trade Commission, and other federal agencies. Don's noteworthy cases at the DOJ include the "Starch Blocker" cases, which established the FDAs authority to regulate certain diet products as drugs, and In re Establishment Inspection of Skil Corp., establishing the Consumer Product Safety Commission's authority to obtain administrative inspection warrants. While at the DOJ, Don also briefed and argued appeals, handling cases in nine of the federal appellate courts.
Don taught trial advocacy at the Attorney General's Advocacy Institute and the Trial Advocacy Institute of the University of Virginia School of Law. He also has served as adjunct faculty member of the George Mason University School of Law. Don is listed on the Capital Pro Bono High Honor Roll.
Handled an appeal for an oil-refining equipment manufacturer accused by a rival of misappropriating trade secrets. The district court had found that the manufacturer had hired away the rival’s employees and encouraged them to use their former employer’s trade secrets to design refinery equipment. The district court awarded nearly $70,000,000 in damages. After a one-sided oral argument in which all three judges on the panel repeatedly criticized the district court’s reasoning, the case settled for a tiny fraction of the original award.
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January 2021
Association of National AdvertisersAward/Ranking
54 Finnegan Attorneys Named to 2022 Capital Pro Bono Honor Roll 54 Finnegan Attorneys Named to 2022 Capital Pro Bono Honor Roll
July 21, 2023
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46 Finnegan Attorneys Named to 2021 Capital Pro Bono Honor Roll 46 Finnegan Attorneys Named to 2021 Capital Pro Bono Honor Roll
June 3, 2022
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55 Finnegan Attorneys Named to 2020 Capital Pro Bono Honor Roll 55 Finnegan Attorneys Named to 2020 Capital Pro Bono Honor Roll
April 2, 2021
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62 Finnegan Attorneys Named to 2019 Capital Pro Bono Honor Roll 62 Finnegan Attorneys Named to 2019 Capital Pro Bono Honor Roll
June 8, 2020
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62 Finnegan Attorneys Named to 2018 Capital Pro Bono Honor Roll 62 Finnegan Attorneys Named to 2018 Capital Pro Bono Honor Roll
April 5, 2019
Press Release
48 Finnegan Attorneys Named to 2017 Capital Pro Bono Honor Roll 48 Finnegan Attorneys Named to 2017 Capital Pro Bono Honor Roll
February 20, 2018
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