David B. Darden

David B. Darden

Partner | Atlanta Office
ddarden@phrd.com
T: (404) 420-5566
F: (404) 522-8409
 

Practice Group(s)

Services

Education

  • George Washington University - (B.A. Political Science 1996)
  • Georgetown University Law Center - (J.D. 1999)

Admitted to Practice

  • Georgia



 

About David

David's practice focuses on two complex and rapidly-evolving areas: Health care and technology contracts.

 

David's health care practice centers on the representation of non-profit hospitals and other providers with a particular focus on Georgia's certificate of need program and administrative litigation relating to it, from the initial agency review through administrative hearing, judicial review, and appeals to the Court of Appeals and Supreme Court. He also has substantial experience in other health care matters, including billing and reimbursement disputes, Medicaid eligibility appeals, Georgia's Hospital Acquisitions Act procedures, state licensure, and various other disputes arising in the context of health care.

 

David's technology contract practice evolved out of years of business litigation experience. After seeing the aftermath of ill-considered agreements between clients and their technology vendors, he began advising business clients on their agreement during negotiation. As software and data become more and more the lifeblood of modern businesses, properly structured agreements with critical technology vendors is essential to the stability of performance of the customer organizations. David has extensive experience negotiating software licenses, software-as-service agreements, service level agreements, source code escrow, and other critical contracts, as well as advising clients on how these pieces fit together with their strategic information technology goals.

 

He also represents businesses in litigation in both state and federal courts, and particularly enjoys cases that present complex technical engineering or statistical concepts.

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Representative Engagements

  • Successfully pursued breach of contract, indemnification, negligent misrepresentation, and fraud claims on behalf of purchaser of manufacturing concern through 2 years of discovery, summary judgment motions, and 3 week federal trial, culminating in a ruling from the bench and resulting in a favorable settlement.
  • Obtained multiple contested Certificates of Need on behalf of non-profit hospitals.
  • Defended multiple banks in multi-district putative-class litigation with arbitration compelled after multiple rounds of appellate practice.
  • Successful and efficient defense and resolution of numerous litigation claims for financial services clients.
  • Representation of physicians practice groups in litigation with billing service providers.
  • Defense of commercial product defect claim on behalf of manufacturer of fiber optic cable in case with extensive technical content.
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Professional and Civic Involvement

  • State Bar of Georgia (Member, Electronically Stored Information Committee)
  • Participant, Meritas Leadership Institute (2010-2011)
  • 2015-2018 President of GPSL

Honors

  • Selected as a Georgia Super Lawyers Rising Star by Law & Politics Media and Atlanta Magazine (2007, 2009-2010, 2014-2015) (top 2.5% of attorneys in Georgia 40 years old or younger or in practice 10 years or less)
 
 
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