David W. Foster


David Foster represents clients in tax litigation and administrative controversies, and in general appellate matters.

Mr. Foster has worked on a wide range of tax issues, including international tax controversies for multinational corporations and individuals, taxation of financial products, estate and gift taxes, proposed exempt status revocations, voluntary disclosures, state and local tax issues, and criminal tax charges. Mr. Foster’s clients include large corporations, hedge funds, estates, and individuals subject to the IRS’s global high wealth initiative. 

Mr. Foster’s representations include a Tax Court trial for a large corporation involving a foreign tax credit issue and an acquittal in federal district court for an individual charged with conspiracy and tax evasion.

In addition to his trial work, Mr. Foster also represents clients in general appellate matters in the Supreme Court and in the courts of appeals. He argued before the Seventh Circuit for FirstEnergy Corp. on behalf of PJM Interconnection, LLC in Illinois Commerce Commission v. FERC (2013) and before the D.C. Circuit in Keohane v. United States, 669 F.3d 325 (2012). He has briefed other cases in the Ninth, Tenth, Eleventh, D.C., and Federal Circuits, including a recent victory in Massachusetts Mutual Life Insurance Co. v. United States (Fed. Cir. Apr. 9, 2015).

He has drafted numerous amicus briefs, including for the American College of Tax Counsel in United States v. Home Concrete & Supply, LLC, for five former commissioners of Internal Revenue in support of licensing standards for tax return preparers in Loving v. IRS and for the New England Legal Foundation in a case involving the scope of work product protection for tax accrual workpapers.

He helped draft the Supreme Court briefs for a state prisoner’s double jeopardy challenge to a state prosecution in Blueford v. Arkansas. He also has experience in the certiorari process, both successfully petitioning for and opposing Supreme Court review.

Prior to joining Skadden, Mr. Foster clerked for Justice Anthony M. Kennedy of the Supreme Court and Judge Alex Kozinski of the United States Court of Appeals for the Ninth Circuit.

Bar Admissions

District of Columbia


J.D., Harvard Law School, 2005 (Supreme Court Chair of the Harvard Law Review)

A.B., Harvard University, Harvard College, 2000


Law Clerk, Hon. Anthony M. Kennedy, U.S. Supreme Court (2006-2007)

Law Clerk, Hon. Alex Kozinski, U.S. Court of Appeals for the Ninth Circuit (2005-2006)