Profile

David maintains a diverse practice primarily in commercial and creditor/lender litigation, banking and finance and bankruptcy and restructuring.  He also counsels clients in organizational issues, corporate transactions and general counsel.

Experience

  • Represented refinery in multi-million dollar claims against fabrication company and affiliates under alter ego, fraud, contract and fraudulent transfer claims.
  • Defended international specialty chemicals firm in Price Anderson Act litigation.
  • Represented chapter 11 debtor in reorganization of non-profit charitable organization.
  • Defended fiber optic manufacturer against multi-million dollar warranty claims.
  • Defended product manufacturer in warranty claims against valve manufacturer and distributor.
  • Defended rural telephone companies against bankruptcy trustee's multi-million dollar fraudulent transfer and fiduciary duty lawsuit.
  • Represented state bank’s receipt of documentary drafts and cashier’s check under Arts. 3-4 of the Uniform Commercial Code.
  • Counseled start-up manufacturer in multi-million dollar bond issuance and associated debt and equity transactions.
  • Represented a lender in pursuit of civil RICO claims stemming from acts taken to wrongfully negotiate an instrument.
  • Counseled manufacturer on Robinson-Patman Act compliance and acceptable pricing structures with varying levels of customers. 
  • Defended an international oil and gas company against multi-million dollar lien and trust claims raised by operator against downstream purchasers.
  • Defended landlord against toxic tort claims, obtaining nondischargeability judgment in judgment debtor's chapter 7 bankruptcy.
  • Represented a physician against former practice for breaches of fiduciary duty, defamation, contract, negligence and fraud stemming from physician’s departure from the practice.
  • Represented a corporation in pursuit of bank conversion action based upon corporate employee’s theft.
  • On behalf of a lender, prosecuted a federal boat mortgage collection action under admiralty and maritime laws and vessel operator in an admiralty garnishment proceeding.
  • Represented construction/engineering firm in negotiations with a Native American Tribe for construction of multi-million dollar gas refinery.
  • Defended an international turnaround firm against a bankruptcy trustee’s breach of fiduciary duty and fraud claims based upon prepetition services performed.
  • On behalf of a local builder and his owner, obtained reversal of trial court’s denial finding that the client’s right to arbitration of dispute had been waived.
  • Defended banks in defense of lender liability claims, including under the Equal Credit Opportunity Act.
  • Obtained reversal of multi-million dollar verdict and judgment based upon fraud for individual and corporate judgment debtors.
  • Successfully reorganized restaurant chain through the administration of 13 separate but affiliated entities through chapter 11 of the Bankruptcy Code.
  • Represented
  • Obtained and defended legal malpractice judgment totaling over $3.75MM from postjudgment attacks and on appeal.
  • Defended insurance broker against claims for negligent procurement of policy by insured.

Honors & Leadership

Honors & Recognitions

Best Lawyers for Commercial Litigation, 2013-2017

Super Lawyers®, 2010-2016

American Inns of Court - Hudson-Hall-Wheaton Chapter (N.D. Okla.), 1999-2010, Barrister/Member

Community & Professional

Tulsa County Bar Association

Oklahoma Bar Association

American Bar Association

            -Litigation Section

            -Law Practice Management Section

News

Education

J.D., University of Tulsa College of Law, 1996

B.A., Liberal Arts, The University of Texas at Austin, 1992

 

Admissions

  • Oklahoma, 1996
  • United States District Court Northern District of Oklahoma, 1996
  • United States District Court Western District of Oklahoma, 1996
  • United States District Court Eastern District of Oklahoma, 1997
  • United States Court of Appeals Tenth Circuit, 1997
  • United States Supreme Court, 2000
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