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David A. O'Neal

Senior Associate


David O’Neal is a senior associate in the firm’s Securities Litigation Group. His practice focuses on securities fraud actions, fiduciary duty and shareholder derivative suits, False Claims Act litigation, corporate investigations, and other complex commercial litigation.

Prior to joining Alston & Bird, David served as a law clerk for the Honorable Rhesa H. Barksdale, Circuit Judge for the United States Court of Appeals for the Fifth Circuit. David received his J.D., summa cum laude, from the University of Mississippi School of Law in 2007. While in law school, David served as the notes and comments editor for the Mississippi Law Journal. David completed his undergraduate studies at the University of Georgia, where he graduated magna cum laude.

David is a member of the State Bar of Georgia and is admitted to practice in the United States Courts of Appeals for the Fifth and Eleventh Circuits, the United States District Court for the Northern District of Georgia and all Georgia state courts.

Representative Experience

  • Defended a publicly-traded higher education company against qui tam suit based on alleged fraud against the Department of Education.
  • Successfully defended a publicly-traded cigarette paper manufacturer and its CEO and CFO in a putative securities fraud class action.
  • Successfully defended, in both federal District Court and the Eleventh Circuit Court of Appeals, a former Senior VP and CFO of a closed bank and holding company against shareholder derivative claims.
  • Defended former directors and officers of a national automobile dealer against the breach of fiduciary duty and bankruptcy-related claims brought by a liquidating trustee.
  • Successfully opposed a challenge in New Jersey Superior Court to an $865 million tender offer and the merger of a U.S. based cardiovascular device manufacturer and Swedish medical technology group.
  • Part of a team successfully defeating class certification in a securities class action against a publicly traded health care company.


David A. O'Neal

One Atlantic Center
1201 West Peachtree Street
Atlanta, GA 30309-3424
Phone: 404-881-7998
Fax: 404-253-8528

Education

  • University of Mississippi
    (J.D., 2007)
  • University of Georgia
    (B.A., 2003)

Admitted to Practice

  • Georgia