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David L. Durkin

Phone: (202) 518-6313
Fax: (202) 234-3550

David Durkin is a principal at OFW Law. He has been with the firm since 1988. David's practice is concentrated in federal civil and criminal litigation and administrative proceedings, including court challenges to FDA, USDA, and DEA regulatory and enforcement initiatives, and ITC proceedings. He has assisted individual clients and conducted seminars on the handling of product recalls under FDA’s jurisdiction, with special emphasis on the recall of perishable products and FDA’s recently revised authority under the Food Safety Modernization Act, Pub. L. 111-353, 124 STAT. 3885 (Jan. 4, 2011).

David has addressed groups in North and South America, as well as the European Union, on trade and federal regulatory matters, including negotiation of the Free Trade Area of the Americas (FTAA) Agreement, dispute resolution before the World Trade Organization (WTO), country-of-origin issues, fair trade in perishable agricultural commodities, and regulation of human tissue for transplant. He has also spoken to international audiences on other trade matters, including food safety equivalency for manufacturers and processors, with special emphasis on fresh produce and seafood. David has also written several manuals for specialized segments of the food industries regarding FDA inspections and recalls.

Prior to joining the firm, David served a two-year appointment as Law Clerk to the Honorable Jaime Pieras, Jr., United States District Judge for the District of Puerto Rico. He received his law degree from the Catholic University of America in 1986, where he was the Publication Editor of the Law Review. He received his bachelor's degree in Philosophy from John Carroll University, Cleveland, Ohio, in 1981.

Bar and Court Admissions

  • New York, 1988
  • District of Columbia, 1990

Education

  • Catholic University of America, Columbus School of Law, Washington, D.C., Juris Doctor,1986
  • John Carroll University, Cleveland, Ohio, Bachelor of Arts, 1981

Special Agencies

  • Food and Drug Administration
  • Drug Enforcement Administration
  • U.S. Department of Agriculture
  • U.S. Patent and Trademark Office
  • International Trade Commission
  • Animal and Plant Health Inspection Service

Representative Cases

  • United Egg Producers v. Davila, 871 F.Supp. 106 (D.P.R. 1994), aff'd, 77 F.3d 567 (1st Cir. 1996).
  • Texas Food Industry Ass'n v. U.S. Department of Agriculture, 842 F. Supp. 254 (W.D. Tex. 1993), aff'd, 81 F.3d 578 (5th Cir. 1996).

Publications

Mr. Durkin has published the following:

  • "Employment at Will in the Unionized Setting," 34 Catholic University Law Review 943, 1985.

Mr. Durkin was the primary author of:

  • "Food Safety Initiative: Vender Qualification Program," Food Distributors International and Food Marketing Institute, 1999.
  • "HACCP: Guidelines for Food Distributors," Food Distributors International,1996.

Browse David Durkin's posts on the Ag/FDA Blog