David K. Willingham

Willingham joined Boies Schiller Flexner earlier this year as the head of its West Coast global investigations and white collar defense practice.

Over the summer he scored a significant victory against the Securities and Exchange Commission in an administrative proceeding, a rare feat given the lack of due process rules available to defense attorneys on the SEC’s home turf.

Willingham convinced an administrative law judge to dismiss part of the SEC’s case against his client RD Legal Capital LLC, which has been accused of defrauding individuals investing in terrorism-related settlements. In the Matter of RD Legal Capital LLC et al., 3-17342, (U.S. Securities and Exchange Commission, filed July 14, 2016).

The judge found that the SEC did not have sufficient evidence to prove Willingham’s client inflated the valuation of funds at his disposal. Willingham said he was thrilled by the order but could not comment on the remaining litigation, which is pending before a judge in New York.

Willingham is battling another federal agency on the East Coast on behalf of the same client. The Consumer Financial Protection Bureau sued RD Legal Capital earlier this year alleging consumer fraud.

Willingham countersued the bureau for retaliation and acting outside the bounds of its jurisdictional authority. Consumer Financial Protection Bureau et al. v. RD Legal Funding LLC et al., 17-CV-00890 (S.D., N.Y., filed Feb. 7, 2017).

On the West Coast, Willingham secured a $6.15 million damages award for a client following a three-week jury trial in a trade secrets case. The client, Ansett Aircraft, sued its former comptroller and two competitor companies for stealing trade secrets and tortious interference with contracts that cost the company nearly $4 million in commissions. Ansett Aircraft Spares & Services v. Infinity Air et al., BC482166 (L.A. Super. Ct., filed April 12, 2012). The underlying facts of the case were relatively straightforward, but Willingham said he took great pains to bring the jury to his side. “The first thing I had to do was earn their trust,” he said. “After that, it was making sure we presented a clear and concise story to them.”

— Eli Wolfe