David K. Willingham

Willingham specializes in white collar criminal defense and complex litigation as a King & Spalding partner. Earlier in his career he served as deputy chief of the major frauds section of the U.S. Attorney’s office for the Central District.

Willingham was just starting work as lead counsel on the defense of entrepreneur, model and fashion designer Kimora Lee Simmons Leissner in a $200 million contract and fraud dispute with her ex-husband, record executive and film producer Russell Simmons, over shares in the energy drink company Celsius. Simmons v. Leissner et al., 21STCV18852 (L.A. Super. Ct., filed May 18, 2021).

In his white collar criminal defense role, Willingham was prepping a Varsity Blues client, Davina Isackson, who has pleaded guilty and is set to be a cooperating witness in the September 13 trial in Boston of several of the so-called “side door” parents. They, like Isackson and her husband, laundered bribery payments through a charitable organization run by a central figure in the case, Rick Singer, in exchange for their children’s admission to top colleges. U.S. v. Isackson, 1:19-cr-10115 (D. Mass., filed March 6, 2019).

In his complex litigation capacity, Willingham has raised constitutional questions in defense of a major player in the litigation funding industry. He represents RD Legal Funding LLC and its founder, Roni Dersovitz, against claims by the U.S. Consumer Financial Protection Bureau and the New York attorney general over the legality of third-party funders providing advance payments of settlements. Consumer Financial Protection Bureau et al. v. RD Legal Funding LLC et al., 1:17-cv-00890 (S.D. N.Y., filed Feb. 7, 2017).

Willingham achieved a groundbreaking ruling that the CFPB is an unconstitutionally structured entity, leading to dismissal of the case against his client, only to have it revived on appeal and returned to court on the issue of whether the bureau as now legally reconstituted can ratify and pursue claims made when it acted without authority. Willingham filed a new dismissal motion on March 12; it awaits a decision from U.S. District Judge Loretta A. Preska of New York.

Willingham said that he was “fortunate to be able to work with extraordinary and strategic colleagues” on the RD Legal matter.

“This case is an existential threat to the foundational structure of litigation funding,” he added. “Especially to litigation funding entities that provide liquidity directly to plaintiffs while their cases are pending.”

--John Roemer