Since joining the firm in 2002, David has successfully represented clients in the pharmaceutical, medical device, energy, chemical, financial, consumer products and insurance industries.
David's practice focuses on commercial litigation, insurance litigation and business torts including product liability, premises liability, toxic tort and intellectual property (trade secrets and trademarks) claims.
David has experience in all aspects of litigation including discovery, pleading and motion practice, expert witness work, alternative dispute resolution, trial, risk management, litigation budgeting and client reporting. He has successfully obtained the dismissal of several cases through pre-trial dispositive motions and the use of early case mediations. David has also been a member of several trial teams that have successfully represented clients in both state and federal courts.
Lead counsel representing a Fortune 50 energy company in multiple toxic tort matters alleging pulmonary injuries related to alleged occupational exposures to asbestos, silica and catalyst. Responsible for all aspects of the mass tort litigation including factual investigation, legal strategy, working with company witnesses, working with expert witnesses, client reporting and budgeting, and appearing at hearings, mediations and court proceedings.
Legal issues counsel for a Fortune 100 company in a month long products liability trial. Responsibilities included preparing multi-phase jury charge, handling charge conference, drafting and arguing directed verdict motions, and overall responsibilities for coordinating and preserving error for appeal. After the jury returned a nominal damage award, the case was reversed and remanded for the court’s failure to provide proper jury instructions as requested for client.
Assisted in trying to defense verdict or successfully resolving several cases for numerous medical device manufacturers in cases involving apnea monitors, ventilators, oxygen tanks, orthopedic implants, implantable cardioverter defibrillators, trocars and foot compression systems.
Member of key litigation and trial teams in the Mirena product liability litigation. Responsibilities included preparing company witnesses, overall supervision of all defensive discovery-related matters and preparation of trial exhibit lists.
Represented multiple insurers as coverage counsel or representing the insurer in first or third-party litigation in breach of contract/bad faith cases. Cases have involved Directors, Officers and Company Liability Policies; Professional Liability Policies; Property and Casualty Policies; Forced-Placed Wind and Flood Policies; Excess Insurance Policies; Venture Capital Professional Indemnity Policies; and Life and Group Accident and Sickness Health Insurance Policies. Responsibilities have included preparing coverage opinions; preparing reservation of rights letters; responding to demand letters; monitoring litigation and trials; participating in case strategy; handling discovery; pleading and motion practice and successfully resolving cases through mediation and settlement.
Represented an engineering/design firm of a fluid catalytic converter unit in multi-million dollar lawsuit involving allegations of breach of contract and products liability after a refinery/chemical plant was forced to shut down for several days to alleged faulty welding. Based upon facts uncovered during the discovery phase, the case was successfully resolved for a nominal amount before trial.
Represented a financial institution against allegations of misappropriation of trade secrets, fraud, breach of contract, and tortious interference for which plaintiffs sought over ten million dollars in damages and a permanent injunction. After a two-week jury trial, the jury returned a defense verdict in favor of the client.
Assisted in the representation of a pharmaceutical company defending against a one billion dollar claim for breach of a pharmaceutical licensing agreement and alleged fraud over a dispute involving the development of cancer drugs. After several months of arbitration, the arbitrators returned a complete defense verdict in favor of the client.
Lead Texas counsel for consumer product manufacturer in multiple cases throughout the state suing sellers of counterfeit goods for Lanham Act violations and unfair competition. Successfully obtained ex-parte seizure orders, permanent injunctions, statutory damages and attorney’s fees in multiple cases.
Representing an oil refinery/chemical plant in a mass tort lawsuit involving allegations of occupational hearing loss. Responsible for every aspect of the case including: factual development; drafting and arguing pre-trial motions; taking depositions of plaintiffs; management of discovery; and identifying, retaining, and working with expert witnesses.
Represented a consumer products manufacturer in several alleged multi-million dollar wrongful death lawsuits. Responsibilities included preparing pre-trial motions; working with expert witnesses; and handling all legal issues at trial (including error preservation, preparing and arguing jury instructions/verdict form, preparing and arguing directed verdict motions, and preparing post-trial motions).