David Fautsch’s practice focuses on complex, high-stakes civil and criminal cases. As a former Trial Attorney at the Department of Justice and litigator at a prominent international law firm, David has managed and tried big and small cases throughout the country.

Accolades and Achievements

Whether working with a team of attorneys or leading the case, David has a track record of success. As a trial and appellate attorney, David’s recent victories include:

  • Winning a unanimous reversal of a murder conviction in the Iowa Supreme Court. The story of the case is here. Video of David’s oral argument is here.
  • Exonerating a criminal defense client in an arson and insurance fraud case.
  • Obtaining a jury verdict of more than $10 million for the plaintiff in a high-profile wrongful death case.
  • Winning a complete victory for the defendant in a multi-party wrongful death case in the U.S. District Court for the Southern District of Florida.

In addition to assisting clients in the courtroom, David works to resolve disputes at early stages by creating opportunities for dismissal or settlement. David has frequently obtained favorable results through motion practice and mediation. Examples include:

  • Negotiated a pre-suit settlement in excess of insurance policy limits of $12 million in a coverage dispute alleging bad faith and breach of contract.
  • Drafted a successful motion to dismiss in a multi-million dollar case involving allegations of fraud and civil conspiracy on behalf of a prominent university.
  • Successfully briefed and argued numerous motions related to legal issues often encountered at the outset of litigation, including: administrative law and civil procedure issues, federal subject matter jurisdiction, statutes of limitations, conflicts of law, and economic damages.
  • Negotiated settlement before suit was filed on behalf of a medical system facing the threat of an injunction against a planned merger.

David’s practice also involves assessing risk and devising strategies for risk minimization. David frequently acts in internal investigation matters that require analysis of documents, witness interviews, expert witness development on economic and scientific issues, and careful assessment of potential liability. For example, David recently used the results of a wide-ranging internal investigation to develop a mock trial to test jury themes with focus groups before suit was even filed.

David is committed to providing pro bono legal services. For example, David obtained political asylum on behalf of a torture victim, and he helped secure the safe transfer of an inmate punished with extended solitary confinement for asserting religious rights protect by the First Amendment.

History

David was born and raised in Dubuque, Iowa, and graduated from Loras College. Between college and law school, David taught math in the South Bronx through Teach for America. At the University of Michigan Law School, David kept busy as the Book Review Editor for the Michigan Law Review, the Executive Articles Editor for the Michigan Journal of International Law, and the Chairman of the Campbell Moot Court Board. After law school, he joined the United States Department of Justice as a Trial Attorney through the Honors Program, and was named the Rookie of the Year for the Civil Division. Before joining The Weinhardt Law Firm, David practiced at the international law firm Hogan Lovells.

  • Email: David Fautsch
  • Direct: 515.564.5273
  • Office: 515.244.3100
  • Fax: 515.288.0407
  • Address:
    2600 Grand Avenue, Ste. 450
    Des Moines, Iowa 50312
  • Assistant: Maura McNally-Cavanagh
  • Direct: 515.564.5275

Education

Legal: University of Michigan, J.D., cum laude, 2011 (Book Review Editor, Michigan Law Review; Executive Articles Editor, Michigan Journal of International Law)
Graduate: University of Michigan Ford School of Public Policy, M.P.P., 2011; Pace University, M.S. (Teaching), 2007
Undergraduate: Loras College, B.A. (economics), maxima cum laude, 2005

Practice Areas

Litigation: Complex Civil Litigation, White Collar Criminal Defense, Trials, Appeals, Internal Investigations

Admitted to Practice

Admitted to practice in Iowa.