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David  R.  Esquivel
Member
Nashville
P:(615) 742-6285
F:(615) 742-0405
E-mail David R. Esquivel
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Education
Duke University - J.D., 1997
Duke University - B.A., 1992

Bar Admissions
Tennessee, 2001
District of Columbia, 1999
Texas, 1997

Memberships
Tennessee Bar Association (Chair, Access to Justice Committee)
American Bar Association (Vice-Chair, Antitrust Section's Trial Practice Committee)
Leadership Nashville Class of 2011

Honors & Distinctions
Tennessee Justice Center, Board Member
Conexion Americas, Board Member
Tennessee Immigrant & Refugee Rights Coalition, Advisory Board Member 
Tennessee Bar Association, Leadership Law, Class of 2007 
Tennessee Bar Association’s Harris A. Gilbert "Pro Bono Attorney of the Year," 2005
Law Clerk to the Hon. Sam J. Ervin, III, U.S. Court of Appeals for the Fourth Circuit, 1997-1998
Order of the Coif
Articles Editor, Duke Law Journal

Publications
"The Identity Crisis in Public Interest Law," 46 Duke Law Journal 327 (1997)
Panelist, Nashville Bar Association CLE, “Advanced Federal Court Practice,” March 24, 2009
2008 Review: Third Circuit Alerts Class Certification Paradigm, "Antitrust Trial Practice," Winter 2009



David’s practice is focused on antitrust, trade practices, and federal regulatory proceedings. He has significant trial experience, representing the firm’s clients before federal court juries, state court judges, and administrative bodies. He currently serves as chair of the firm’s Lateral Hiring Committee.

Administrative and Regulatory Proceedings: Since 2005, David has been a member of the team that conducts the regulatory audit of the New York Stock Exchange. David also has represented telecommunication, information technology, and healthcare clients in administrative proceedings regarding competitive bidding and certificates of need.

Antitrust and Trade Practices: David has represented clients in a wide variety of industries in antitrust and other competition-related matters. These include successful summary judgment decisions, upheld on appeal, in a class action monopolization lawsuit under state antitrust statutes and a Robinson-Patman Act claim against a Fortune 50 company. David has extensive experience litigating claims under the Fair Credit Reporting Act, including a recent defense verdict following a two-week federal court jury trial.

Representative Matters include:
  • Chavez v. Carranza, 559 F.3d 486 (6th Cir. 2009), 413 F. Supp. 2d 891 (W.D. Tenn. 2005). Served as lead trial counsel for plaintiffs in human rights lawsuit. The jury verdict, upheld on appeal, found the former Vice-Minister of Defense for El Salvador liable for crimes against humanity.
  • AmSouth Bank v. Dale, 386 F.3d 763 (6th Cir. 2004). Represented plaintiff in declaratory judgment action brought against state insurance commissioners.
  • Searcy v. eFunds Corp., 2009 U.S. Dist. LEXIS 16986 (N.D. Ill. 2009). Lead counsel in putative, nationwide class action lawsuit alleging violations of the Fair Credit Reporting Act.
  • Holmes v. TeleCheck Int’l, Inc., 2008 U.S. Dist. LEXIS 18789 (M.D. Tenn. 2008). Counsel for defendants in jury trial alleging violations of the Fair Credit Reporting Act, resulting in defense verdict on all counts.
  • Duke v. Browning-Ferris Industries, 2006-1 Trade Cas. (CCH) ¶75,323 (Tenn. Ct. App. 2006). Represented defendant in putative class action lawsuit alleging violations of state antitrust and consumer protection laws. Case dismissed on summary judgment, which was upheld on appeal.

David is very active in the community and in pro bono matters. He serves on the boards of directors of several local non-profit organizations and is the Chair of the state bar association’s Access to Justice Committee.