David is Global Head of Antitrust and a member of the Executive Committee. He focuses on antitrust government and internal investigations, merger review and complex litigation matters. He has represented clients in varied industries including defense, oil and gas, financial services and technology.

David works regularly on matters before the Federal Trade Commission and the Antitrust Division of the U.S. Department of Justice.

David previously served at the Department of Justice as Deputy Assistant Attorney General and Chief of Staff of the Antitrust Division. In that capacity, he advised the Assistant Attorney General on all matters related to the enforcement of the U.S. antitrust laws and oversaw investigations, civil litigation, and criminal prosecutions.

At the Department of Justice, David also served as Deputy Associate Attorney General, and as Counsel to the U.S. Attorney General and White House Liaison. He was designated a Special Assistant U.S. Attorney.

David led transition planning for the Antitrust Division during the change in Administrations between 2016-2017. David also served at the White House under President George W. Bush as Special Assistant to the President and Associate Director for Presidential Personnel, advising the President on the appointment of senior officials throughout the Executive branch.

David has been recognized by Chambers & Partners, with clients stating “He provides very sound practical advice in complicated situations, he is perfectly responsive and he really understands the antitrust world. He’s a superb practitioner.” “He has exceptional judgment.”

Experience

Representative matters

  • Government investigations. Represent clients in criminal and civil investigations by the Department of Justice and state Attorneys General in various industries, including energy, pharmaceutical, chemical, technology, agricultural, consumer retail, entertainment and hospitality, gaming, defense, and financial services.
  • Corporate internal investigations. Conduct internal investigations into antitrust, securities, data security, OFAC, export control and foreign corruption matters.
  • Merger review and counseling. Represent clients on merger matters before the Department of Justice and the Federal Trade Commission. Provide advice and advocacy regarding the CFIUS process. Provide antitrust analysis and strategic merger counseling to clients.
  • Litigation. Represent clients in civil and criminal litigation in antitrust and commercial matters.
  • Compliance. Develop antitrust and anti-corruption compliance programs for clients and conduct compliance training for executives.

Recognition

David provides superior client service. He focuses on how to drive success and aligns his team to achieve measurable progress quickly. He is dedicated, transparent in his communications and diligent.
Chambers USA, 2023
David Higbee is exceptionally responsive, creative, and practical. He is able to assemble fit for purpose teams and deliver outstanding results.
The Legal 500

Awards

  • Ranked by Legal 500 and Chambers USA
  • Featured in Who’s Who Legal Competition

Qualifications

Admissions

Washington, DC, 2006

Academic

B.S., Brigham Young University, 1993
J.D., George Mason University, 1996
Disclaimer
A&O Shearman was formed on May 1, 2024 by the combination of Shearman & Sterling LLP and Allen & Overy LLP and their respective affiliates (the legacy firms). Any matters referred to above may include matters undertaken by one or more of the legacy firms rather than A&O Shearman.