David Wenthold is committed to helping clients find creative arguments and solutions to complex litigation matters. He is an associate based in the Milwaukee office where he is a member of the Firm’s Business Litigation & Dispute Resolution Practice Group. David has briefed complex issues before both trial and appellate courts.
David has extensive clerkship experience in the federal court system. He served as a law clerk for three federal judges: Judge N. Randy Smith (United States Court of Appeals for the Ninth Circuit), Judge Amul Thapar (United States Court of Appeals for the Sixth Circuit), and Judge Benjamin Beaton (United States District Court for the Western District of Kentucky). While in law school, David served as a law clerk for the Wisconsin Institute for Law & Liberty, a judicial intern for then-Judge Brian Hagedorn on the Wisconsin Court of Appeals, and a legal intern for the Office of the Wisconsin Solicitor General.
Representative Experience
- Defended the City of Milwaukee in the Eastern District of Wisconsin against a False Claims Act suit concerning the City’s administration of federal housing grants, obtaining dismissal of relators’ claims with prejudice.
- Defended and obtained judgment on appeal in the United States Court of Appeals for the Eleventh Circuit in favor of a client in False Claims Act suit.
- Successfully defended against remand and dismissal motions in the District of Hawaii.
Affiliations
- Member of the Federalist Society
Presentations and Publications
- Author, “Murr and Wisconsin: The Badger State’s Take on Regulatory Takings,” 102 MARQ. L. REV. 261 (2018)
Foley Secures Precedent-Setting Victory in Constitutional Challenge to the False Claims Act’s Qui Tam Provisions
Leveraging the International Labor Organization’s Forced-Labor Indicators to Eradicate Forced Labor from Supply Chains
Foley Wins Dismissal for City of Milwaukee in FCA Suit
Seventh Circuit Revives Franchise No-Poach Case, Holds Per Se Treatment Possible
