David routinely appears in federal and state courts as well as in arbitrations. Notable trial and arbitrations include a bet-the-company private equity arbitration in New York, an energy patent infringement jury trial involving transformational industry technology, an arbitration seeking forfeiture and damages in Oklahoma, and a trial against an institutional investor’s partner for breach of contract and defense of dozens of counterclaims in state court in Houston. More recently, David led his client through a five-year dispute starting in Texas state court before proceeding with a remote arbitration. David has argued appeals before state appellate courts in Texas and New York and the United States Court of Appeals for the Fifth Circuit.

David frequently speaks on litigation matters and has presented on topics including the CPA witness in the COVID-10 era, reasonable certainty and the AICPA practice aid, staff counsel, lawsuit economics, electronic discovery, and best practices for minimizing litigation risk.

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• Represented an industrial equipment manufacturer in the prosecution of trade secret claims in federal court*
• Represented a real estate investment fund and investment manager in JAMS arbitration, resulting in a complete defense award (including attorney’s fees) being granted*
• Defended a real estate investment fund and investment manager against disputes with departing fiduciaries and disputes with development partners*
• Defended an international pharmaceutical company against product liability claims involving thousands of plaintiffs in multiple state courts and federal MDL*
• Defended an international semiconductor company against breach of license claims and prosecution of counterclaims to terminate license*
• Represented an institutional investor in defense of usurpation of corporate opportunities and related claims at trial and securing antisuit injunction to prevent further litigation*
• Represented a mining company in defense of derivative liability claims in bankruptcy based on subsidiaries’ asbestos-related litigation liability and prosecution of related estimation proceedings*
• Represented a national law firm in defense of conspiracy and breach of fiduciary duty claims*
• Represented a thermal insulation manufacturer against toxic tort claims throughout Texas*
• Obtained summary judgment on toxic-mold claims on behalf of an apartment complex owner*
• Represented a national car dealership company in prosecution of breach of fiduciary duty/usurpation of corporate opportunities claims and defense and settlement of Texas class action claim*
• Represented a national insurance company in defense of unauthorized practice of law claims*
• Represented an international telecommunications company in prosecution and defense of claims relating to the sale of government contract business and successful defense of first attempts to bring company into asbestos litigation*
• Represented an international beverage company in prosecution of antitrust and tortious interference claims*
• Represented an oil and gas company in defense of royalty claims and prosecution of related indemnity claims against gas purchaser*

*Matter handled prior to joining McDermott

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Courts/Agencies
United States Supreme Court
Supreme Court of Texas
US Court of Appeals for the Fifth Circuit
US District Court for the Eastern District of Texas
US District Court for the Northern District of Texas
US District Court for the Southern District of Texas

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