David Pogue

For nearly 30 years, we have provided exceptional representation to clients of every type and size—global corporations, closely held family firms, fast-growing technology companies, natural-gas royalty owners, catastrophic injury victims, elected officials, and people wrongfully accused of crimes, to name only a few. In this broad and varied practice, the common threads are rigorous investigation, incisive legal strategy, and courtroom mastery—strengths that transcend narrow specialties. We believe, in other words, that great lawyers excel at fact-finding, strategy, and communication, and when those three things are present, victory can be won in any legal arena. 

A decades-long track record of exemplary performance proves the point. Many of our lawyers cut their teeth as federal prosecutors, logging countless courtroom hours and learning to build winning cases from the ground up. Those lessons were on full display in 2007 when Mike Carey won the largest jury verdict in West Virginia history—a $405 million award on behalf of a class of natural-gas royalty owners. They similarly shone in 2015, when Steve Ruby, after a trial that lasted nine weeks from voir dire to verdict, secured the country’s first-ever conviction of a major-company CEO for workplace-safety crimes. Our demonstrated ability to prevail at trial in the highest-profile cases allows us to obtain outstanding pretrial outcomes for our clients, both plaintiffs and defendants. Few firms can equal our record. 

These same qualities consistently deliver results in our administrative and regulatory law practice. We have successfully represented clients before, among others, the Department of Health and Human Services Office of Inspector General, the Environmental Protection Agency, the Securities and Exchange Commission, the Mine Safety and Health Administration, the Occupational Safety and Health Administration, gaming regulators, the West Virginia Public Service Commission, the West Virginia Election Commission, and professional licensing boards. 

Our practice’s boutique size allows us to provide each of our clients with focused service that often eludes larger firms—another ingredient in our unusual success, and perhaps the most rewarding aspect of our work. Here, every client matters. We look forward to getting to know you soon.

A proud, lifelong resident of West Virginia, David graduated magna cum laude from West Virginia University in 2005 and earned his law degree from West Virginia University College of Law in 2008.  He has been with the firm ever since and has been instrumental in many of the firm's most notable successes, including a multimillion-dollar settlement on behalf of natural gas royalty owners and a multimillion-dollar judgment in a case that clarified West Virginia law on the ownership of coalbed methane.  He also represented a retired U.S. Marshal in a tax discrimination case that went all the way to the United States Supreme Court.

During his time at the firm, David has amassed experience in a wide variety of civil litigation, including contract disputes and other commercial litigation, insurance coverage disputes, oil and gas litigation, employment disputes / wrongful termination, minority shareholder oppression, personal injury, property damage, civil rights, constitutional law, election contests, and appeals in both state and federal court.  His clients have included both private individuals and corporations, as well as government officials and agencies. 

David is admitted to practice before the West Virginia Supreme Court of Appeals and all state trial courts in West Virginia, the United States District Courts for the Northern and Southern Districts of West Virginia, the United States Court of Appeals for the Fourth Circuit, and the Supreme Court of the United States.