Law360’s Q&A with Richmond partner David Anthony
Richmond partner and Financial Services Litigation practice group co-leader David Anthony was profiled in an August 11 Law360 question- and answer-styled article.
When asked what his most challenging lawsuit was and why it was so, Anthony responded:
“Partner Alan Wingfield and I represented a credit reporting agency in a Fair Credit Reporting Act class action case. The case presented a host of novel legal issues; however, the case became particularly challenging based upon rulings and settlement of a related class action, indemnification issues, the sale of our client in the midst of litigation and settlement discussions, and related individual liability lawsuits. The case presented as many moving parts and series of strategic decisions as I have had in one case.”
When asked about a mistake he made early in his career and what he learned from it, Anthony responded:
“As a young associate, I defended a reverse discrimination case with a senior partner. ...
When the trial judge asked whether we had any objection to one of the plaintiff’s key jury instructions, my senior partner said, ‘Yes.’ I leaned over and told him that he was wrong that there was no contrary
precedent in the Fourth Circuit on the point. … my senior partner responded by saying, ‘Judge, the authority in support of plaintiff’s proposed instruction is from the D.C. and Ninth Circuit Courts of Appeals.
There has not been a D.C. or Ninth Circuit case cited favorably by the Fourth Circuit in 30 years.’ … My senior partner winked at me as he sat down. … I learned two valuable lessons that day. First, I needed
to stop thinking like a law clerk and more like an advocate. Second, I had to think outside the box and be creative when facing a seemingly losing argument.”
Anthony was also quoted in an August 29 Corporate Counsel article about how the recently created Consumer Financial Protection Bureau (CFPB) makes some people very nervous. “The bulk of our economy is based on consumer transactions,” said Anthony. “If the agency is very aggressive, it could fundamentally change how companies do business, affecting their profits and business models. The fear is that the bureau will come in and dictate from on high.”