Merger & Acquisition Arbitration
Defended client in a $43 million arbitration. The suit had numerous issues including disputes over contingent payments for the acquisition of an electrical contracting business, complicated financial transactions, and the economics of several proposed power plants in the mid-west. Settled on the third day of trial with no out-of-pocket payment by my client.
Right of First Refusal Arbitration
Defended client in $33 million arbitration in Riverside, California involving a contractual right of first refusal for the sale of several landfill-gas-to-energy power plants. Won a defense award and recovered costs for my client.
Acting as co-trial counsel with one of my partners, defended client in an age discrimination case filed in federal court in the Southern District of Texas. Won a directed verdict.
Secured numerous injunctions against former employees and also defended former employees in non-compete cases.
Defended a corporation and several employees against claims of employee raiding, theft of confidential information, tortious interference, and related claims. The allegations were that my clients had improperly recruited over 20 employees and secured confidential information causing damages of tens of millions of dollars. After a few key depositions, we tried a multi-day injunction trial where the judge granted my motion for directed verdict and denied any injunction to plaintiff. The employee raiding claim was dismissed after I filed special exceptions. This case was later settled on favorable terms.
Defended a subcontractor in an $18 million construction case in Williamson County, Texas where a 28-mile raw water pipeline collapsed during testing. Issues included the exact cause of the failure and contractual issues of responsibility for work and indemnity. My client was released before trial for a de minimis settlement.
Defended client in a RICO and fraud lawsuit pending in federal court in Atlanta, Georgia. The plaintiff was seeking $40 million based on commercial bribery allegations. Issues included the difference between client development and bribery and the quality of work performed on over $200 million in contracts. Settled the case without any payment from my client.
Letter of Credit Arbitration
Defended client in a $6.5 million arbitration involving a letter of credit and two loan participation agreements. After a full arbitration hearing, won a defense award and also recovered costs for my client.
Won attorneys' fees and costs in defending a breach of contract matter in arbitration. The plaintiff claimed my client breached an independent contract driver agreement by failing to provide loads to haul. The arbitrator denied all of the plaintiff's claims and awarded my client fees and costs.
Defended transportation company in federal court case where plaintiff (shipper) was a manufacturer who shipped goods from China to England. The goods were released to the ultimate purchaser who ultimately went bankrupt and failed to pay the shipper. The shipper sued the transportation company for breach of the bill of lading by releasing the goods without confirming payment. The shipper filed suit in federal court in Houston and also a parallel proceeding in England. The issues involved the interpretation of the bill of lading and several related documents, a determination of what law would be applied, and several fact issues. My client was dismissed from the suits under very good terms.
Represented contractor who installed three landfill-gas-to-energy power plants in the Chicago area. The owner failed to pay approximately $45 million of the outstanding amounts due based on alleged construction defects and delays. The case was pending in the bankruptcy court in Chicago. Some of the funds were collected by enforcing a security interest in the proceeds of electricity sales from the plants. The case settled by having the plants sold with the proceeds paid to my client.
Conducted pre-suit negotiations to assist client in collecting the remainder of its invoices on a significant pipeline construction project. Owner claimed contractor caused delays, work not completed, and change orders not approved. Collected over $11.5 million which was nearly the entire outstanding claim including change orders.
David handles all types of business litigation, including transportation related litigation, construction litigation, merger related litigation, energy litigation, covenants-not-to-compete, employment litigation and claims work. David has experience in trials, appeals, injunctions and arbitrations. David has one published opinion, Ross Hill, Paul Grimes and Canatxx Energy Ventures, Inc. v. G.E. Power Systems, Inc., et al., 282 F.3d 343 (5th Cir., 2002).
David is a native of San Antonio, Texas. He graduated in 1990 from Texas A&M with a Bachelor of Science in Agricultural Economics. In 1995, he obtained his Doctorate of Jurisprudence from South Texas College of Law, summa cum laude. He was an articles editor of the South Texas Law Review and a member of the Order of Lytae. David received numerous academic awards and an academic scholarship at South Texas.
In 2006, David was recognized by Law & Politics and Texas Monthly as one of Texas' Rising Stars. He is also a Fellow of the Texas and Houston Bar Foundations.
David is married with five children. He is an active member of Grace Presbyterian Church and is or has been on the Board of Directors for; (1) Chapelwood Methodist Church School for Young Children, (2) Houston Volunteer Lawyers Program, and (3) Camp Cho-Yeh. David owns the Cross F Ranch and Finck Cattle Company LLC.
- Year Joined Organization:
- Areas of Practice:
- Complex Commercial Litigation
- Merger & Acquisition Litigation
- Powerline Litigation
- Breach of Contract
- Wild Fire Litigation
- Construction Litigation
- Non-Competition Agreements
- Transportation Litigation
- Claims Work
- Litigation Percentage:
- 95% of Practice Devoted to Litigation
- Bar Admissions:
- Texas, 1995
- U.S. District Court Northern District of Texas
- U.S. District Court Southern District of Texas
- U.S. District Court Eastern District of Texas
- U.S. Court of Appeals 5th Circuit
- South Texas College of Law, Houston, Texas, 1995
Honors: Summa Cum Laude
Honors: Academic Awards
Honors: Academic Scholarship
Law Review: South Texas Law Review, Editor, 1994 - 1995
- Texas A & M University, College Station, TX, USA, 1990
Major: Agricultural Economics
- Professional Associations and Memberships:
- Transportation & Logistics Council, Inc.
- Cho-Yeh Camp & Conference Center, Inc., 2009 - 2010
- Board of Directors
- Houston Volunteer Lawyers Program, 1997 - 1999
- Board of Directors
- Chapelwood Methodist School for Young Children, 2002 - 2008
- Texas Bar Foundation
- Houston Bar Association
- Past Employment Positions:
- Texas Supreme Court, Hon. Greg Abbott, Justice, Briefing Attorney, 1996
- Texas Supreme Court, Hon. Jack Hightower, Justice, Briefing Attorney, 1995
- Schwartz, Junell, Campbell & Oathout, LLP, Associate, 1996 - 1999
- Weil Gotschal & Manges, Associate, 1999 - 2002