David L. Balser

David Balser

is a nationally recognized trial lawyer who represents Fortune 500 companies and other leading businesses in high stakes litigation throughout the United States. A Fellow of the American College of Trial Lawyers, Mr. Balser has been identified as one of "America's Leading Lawyers" by Chambers USA (Band 1: Commercial Litigation), which describes Mr. Balser as “a very strong, efficient and smart lawyer” who is “singled out for his excellent litigation skills.” Mr. Balser has also been recognized by Best Lawyers in America in the practice areas of Bet-the-Company Litigation and Commercial Litigation; by Benchmark Litigation as a “litigation star;” by Georgia Trend magazine as one of "Georgia's Most Effective Lawyers" for Business Litigation; and by Atlanta Magazine as a “Top 100” Georgia Super Lawyer. He represents companies in a wide array of industries, including financial institutions, pharmaceutical companies, telecommunications providers, energy providers, manufacturers, consumer product companies, and professional services firms. For a description of recent complex commercial litigation matters handled by Mr. Balser, click here.

Mr. Balser has substantial experience representing financial services firms, including private equity and hedge funds. For a description of recent financial services litigation matters handled by Mr. Balser, click here.

Mr. Balser is often retained to step in and take over cases in which discovery is ongoing or a dispositive motion has been denied, and the case is proceeding to trial. He has assembled a team adept at efficiently evaluating and transitioning an on-going case and preparing the case to be tried or resolved. For a description of recent significant cases in which Mr. Balser has served as replacement counsel, click here.

In addition to trying complex business cases, Mr. Balser defends consumer class actions in state and federal courts throughout the country. A leading expert in class action defense, Mr. Balser has successfully defended more than 25 consumer class actions in the past five years. For a description of Mr. Balser’s recent consumer class action experience, click here.

Mr. Balser also defends law firms against claims of negligence, malpractice, and breach of fiduciary duty and has successfully represented several of the nation's top law firms in a variety of professional liability matters. He serves on the board of directors of Attorneys’ Liability Assurance Society, Ltd. (ALAS) and ALAS, Inc., a leading provider of professional liability insurance for U.S. law firms. For a description of Mr. Balser’s recent professional liability litigation experience, click here.

Mr. Balser frequently writes and speaks on topics related to trial advocacy, class actions, and legal ethics, malpractice and professionalism.

Civic Activities

Mr. Balser and a team of litigators successfully represented pro bono, on appeal, Marcus Dixon, an African-American scholar-athlete from Rome, Ga. who received a ten year prison sentence for having consensual sexual relations with a high school classmate. In a landmark 4-3 decision, the Supreme Court of Georgia reversed Mr. Dixon's conviction. Dixon v. State, 278 Ga. 4 (2004). Mr. Balser's Supreme Court oral argument was broadcast live on the world-wide web, and the case was widely reported by national news media, including the CBS Evening News, NBC Nightly News, CNN, Fox News, Nightline, The O'Reilly Factor, The Today Show, HBO Real Sports, The Oprah Winfrey Show, MSNBC, The Abrams Report, Court TV, The New York Times, The Washington Post, The Los Angeles Times, The Chicago Tribune, The Miami Herald, The National Law Journal, People Magazine, and National Public Radio. Mr. Dixon, after his release from prison, excelled as a student-athlete at Hampton University and is now playing in the NFL.

Mr. Balser works closely with The Georgia Innocence Project, a non-profit organization that uses DNA testing to exonerate wrongfully convicted criminal defendants. He serves on the State Committee and the National Judiciary Committee of the American College of Trial Lawyers and as State Chair for the United State Supreme Court Historical Society.

Mr. Balser has served on the Georgia Judicial Nominating Commission (JNC). The JNC, comprised of judges, lawyers, and non-lawyers, interviews and sends a "short list" of nominees to the Governor for the State's judgeships. He served on the State Elections Board from 1996 through 2002 and has served as general counsel to various federal candidates' campaign committees.

Good to know

Areas of Practice 1) Contracts and Business Torts , 2) Class Action , 3) Financial Institutions , 4) Financial Institutions: Litigation , 5) Marketing & Advertising Litigation , 6) Professional Liability Litigation and 7) Shareholder and Securities Litigation
Law School J.D., cum laude, University of Michigan
Admitted Year 1987
Education B.A., magna cum laude, University of Pennsylvania
Bar Member / Association State bar of Georgia
Most recent firm King & Spalding LLP
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