David Fulleborn

Senior Associate

David Fulleborn is a senior attorney at Hoyer Law Group, PLLC.

David joined Hoyer Law Group after working with Dave Scher at James Hoyer, P.A., where he served as Of Counsel. Before that, he spent over seven years at The Employment Law Group, P.C., investigating and litigating employment and whistleblower claims on behalf of individuals. His experience includes representing clients in discrimination matters under Title VII, the ADA, and the FMLA, and handling retaliation claims under a range of state and federal whistleblower protection statutes, including the False Claims Act, Whistleblower Protection Act, Dodd-Frank Act, and various OSHA-administered laws.

David has extensive experience investigating and prosecuting qui tam and whistleblower reward actions under the False Claims Act, Dodd-Frank Act, Internal Revenue Code, FIAFEA, and FIRREA. In 2016, he co-authored an article for the Federal Bar Association titled “Shielding Relator’s Identity in Qui Tam Actions: The Landscape After the ACA Changes to the False Claims Act.” He also contributed to the ABA’s 2010 Midwinter Meeting Report on the Sarbanes-Oxley Act.

In addition to plaintiff-side advocacy, David advises and defends small businesses in employment and fraud disputes, conducts internal investigations, and represents employers in response to agency inquiries from the EEOC and DOJ. He has also supported employers responding to USCIS inquiries regarding L-1B, L-1A, and O visas for workers from South America, India, and Europe.

David’s litigation experience spans a broad range of civil claims, including restrictive covenants, trade secrets, defamation, shareholder disputes, fiduciary duties, tortious interference, breach of contract, unjust enrichment, and other statutory and common law causes of action. He also represents creditors in protecting their rights in bankruptcy proceedings.

David earned his J.D. cum laude from the Catholic University of America’s Columbus School of Law in 2012, attending the evening program while working full-time as a law clerk. During law school, he wrote for the Journal of Contemporary Health Law and Policy and participated in the Advocacy for the Elderly Law Clinic. He received his B.S. in Business Administration with a major in Finance from West Virginia University.

David is a proud military spouse and deeply values service to veterans and active-duty personnel. Before his legal career, he led a team at the Armed Forces Benefit Association in Alexandria, Virginia selling and servicing life insurance and health insurance. He is the incorporator and a founding board member of American Yakers, Inc., a Florida-based nonprofit that teaches offshore kayak angling and land-based shark fishing to service members, veterans, and their families.

David also served as an attorney-advisor at the United States Department of Veterans Affairs Board of Veterans’ Appeals, where he reviewed and adjudicated complex veterans’ disability claims.

David is licensed to practice law in Florida and Virginia and is admitted to multiple federal district courts in Virginia and Florida as well as the U.S. District Court for the District of Columbia and the U.S. Bankruptcy Court for the Eastern District of Virginia.

Education

• Catholic University of America, Columbus School of Law, Washington, District of Columbia
  • 2012
  • Honors: cum laude
  • Honors: Participant, Advocacy for the Elderly Law Clinic
• West Virginia University
  • Bachelor of Science in Business Administration
  • Major: Finance

Practice Areas

• Employment
• Whistleblower

Bar Admissions

• Florida
• Virginia

Past Positions

• James Hoyer, P.A., Of Counsel Attorney

Published Works

• Co-Author, Shielding Relator’s Identity in Qui Tam Actions: The Landscape After the ACA Changes to the False Claims Act, Federal Bar Association, 2016

Representative Cases

United States ex rel. Wade Riner v. Lake Ridge Parks & Recreation Ass’n, Inc., No. 1:24-cv-00971 (E.D. Va. Apr. 3, 2025) (order unsealing). Represented the defendant in a False Claims Act qui tam arising from a PPP loan, where the relator alleged the borrower’s 501(c)(4) status rendered it ineligible under then-applicable PPP rules. After conducting a targeted factual investigation and presenting the results to DOJ, negotiated the government’s double damages demand down to a $695,000 settlement—approximately the original $602,355 loan plus SBA-paid lender fees, interest, and a modest increment—achieving a near single-damages outcome despite FCA exposure to treble damages, relator’s share, and per-claim civil penalties that (as of 2025 adjustments) range from $14,308 to $28,619 per claim.

In re BF Management, LLC, Case No. 23-10919-BFK (Bankr. E.D. Va. Sept. 12, 2023) (order converting Chapter 11 to Chapter 7). Conducted 341 examinations and drafted and filed a creditor submission that built the primary evidentiary record supporting relief under 11 U.S.C. § 1112(b), marshaling third-party records and highlighting material misstatements and omissions in the debtor’s bankruptcy filings and testimony. The court granted conversion to Chapter 7—effectively ending any reorganization runway and forcing liquidation.

Rosengart v. BYNDFit, LLC, et al., Adv. Pro. No. 23-10019-ELG (Bankr. D.D.C. Sept. 6, 2023) (Order of Abstention Under 28 U.S.C. § 1334). Defeated a forum-shopping removal attempt by building the record for discretionary abstention and remand, emphasizing the tenuous “related to” hook and the debtor’s use of Chapter 11 primarily to hijack pending D.C. Superior Court litigation. The bankruptcy court abstained under 28 U.S.C. § 1334(c)(1), denied the defendant’s motion to strike, and remanded the case to D.C. Superior Court—cutting off the removal tactic and keeping the merits fight in the original forum.

McCaughey v. Brookland & Hamilton Consultants, LLC, No. 1:22-cv-00594 (E.D. Va. Nov. 29, 2022) (order dismissing action with prejudice). Represented the plaintiff in an employment compensation and contract dispute that drew DOJ intervention, including a formal notice stating the case implicated national security and advising the court of a potential assertion of the state secrets privilege. Negotiated a favorable settlement and dismissal with prejudice.

Rosengart v. BYNDfit, LLC, et al., No. 2020 CAB 001710 B (D.C. Super. Ct. Dec. 21, 2021)
David secured an order in a matter of first impression holding that discovery sanctions in actions under the District of Columbia Wage Payment and Collection Law (DCWPCL) should be calculated using the heightened attorney-fee rates in the LSI Laffey Matrix. The court awarded more than $32,000 in sanctions after defendants failed to disclose and produce 4,000+ emails and documents during discovery. The opinion can be found here.