David maintains a diverse practice that focuses primarily on complex, commercial and civil litigation, energy law and litigation, creditors’ rights and commercial restructuring. His practice also involves counseling his business clientele concerning their organizational needs, proposed transactions and financing and general counsel.
David has been involved in all phases and facets of litigation and other proceedings, whether before state and federal courts around the country or state or international administrative or arbitral tribunals. He has represented businesses and their owners in high stakes, bet the company litigation as well in complex commercial, energy-related, environmental or tort litigation.
David has also consulted with businesses and individuals concerning the nature of their businesses, including proposed organizational issues, business transactions, finance or acquisitions.
- 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.
- 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
Board Member, American Bar Association Law Practice Management Division - Lawyer, Leadership & Management (2018)
Tulsa County Bar Association
-Fee Arbitration Committee (2017-18)
Oklahoma Bar Association
American Bar Association
-Law Practice Management Section
- Bankruptcy and Business Reorganization
- Business Formation and Organization
- Commercial Litigation
- Corporate Compliance and Governance
- Environmental Litigation
- Insurance Coverage and Bad Faith Litigation
- Insurance Coverage and Bad Faith Litigation
- Insurance Coverage, Claims Representation and Risk Management Counseling
- Product Liability Litigation
- Real Estate
J.D., University of Tulsa College of Law, 1996
B.A., Liberal Arts, The University of Texas at Austin, 1992
- 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
- Texas, 2018
- United States District Court for the Northern District of Texas, 2018