David T. McDowell
Phone: (713) 337-5582
Fax: (713) 337-8842
David McDowell serves the litigation and trial needs of clients and has handled matters as lead counsel in almost every state in the country. David’s focus is on commercial, financial services, and energy litigation. He has extensive experience in class action litigation, RICO, antitrust cases, appellate work, and arbitrations. Since co-founding the firm in 2009, David has tried cases in Texas, California, Florida, and Minnesota and argued cases before the Second, Fifth, Eighth, Ninth, Tenth, and Eleventh Circuit Courts of Appeal, as well as state courts of appeal in Massachusetts, Missouri, Texas, and New York.
David also represents clients in regulatory and lobbying efforts in numerous states. Over the past several years, David has appeared before state legislative committees, met with state governors, and worked with legislative staffers in several states, including California, Delaware, Florida, Minnesota, and South Dakota. He has also testified on behalf of clients before various state legislative panels and committees. Twenty-five years of practice has taught David some lessons about client service. Because the case belongs to the client, not outside counsel, outside counsel should actively partner with the client to ensure the client’s success. Active partnering involves early strategic discussions, candid conversations, creative solutions, and a continual assessment of risk and strategy. The collective wisdom that results from active partnering leads to better results.
Outside his legal practice, David serves on the Board of Directors of Harbor Christian Academy and is an elder of his church. He previously served as Board Chair of Providence Classical School. David enjoys attending football games with his sons and traveling with his boys to baseball parks across the country.
- Trial – Represented life insurer in a 9-week trial involving a $30 million claim brought under California’s Financial Elder Abuse statute. In a complete victory for the client, a jury in San Bernardino, CA found that the life insurer did not breach a $10 million life insurance policy and did not engage in any financial elder abuse.
- Arbitration – Represented life insurer in dispute with a former life insurance producer who claimed to be owed substantial commissions under a contract with the life insurer. The producer also claimed the life insurer cost him one of his biggest clients, resulting in significant past and future damages. A 3-arbitrator panel ruled unanimously in the life insurer’s favor.
- Trial – Represented life insurer sued by hedge fund for alleged misconduct and bad faith regarding title to a large insurance policy. Following a trial in federal court, a Los Angeles, California jury returned a unanimous verdict for the client.
- Trial – Represented life insurer sued by financial entity claiming a right to $10 million in life insurance proceeds. Following six-day trial in Minnesota, a federal judge entered a decision in favor of client.
- Trial – Represented a child and his parents against a national restaurant chain for damages arising out of a traumatic brain injury suffered at the restaurant. After 3 days of trial in Houston, the case settled on favorable terms.
- Represents insurer in California action brought by Major League Baseball and all thirty of its teams seeking COVID-19 related damages.
- Represents life insurers in putative class actions around the country involving the calculation or crediting of interest on universal life products, efforts to invalidate cost of insurance rate increases on universal life products, and the reserving of risk liabilities.
- Represents multinational chemical and energy client in action brought by a competitor seeking disgorgement of all revenues earned by a subsidiary due to alleged tortious interference with contract.
- Represents all-terrain vehicle manufacturer in product liability actions.
- Successfully defended financial services client in RICO and antitrust action brought by hedge fund alleging that the client purposely sought to destroy the value of hedge fund’s investment.
- Successfully defeated class certification in putative class action in California in which defendants were accused of engaging in a RICO conspiracy regarding the manner in which certain life insurance products were sold.
- Successfully represented major pipeline company in multi-million dollar fraud action against former employees and vendors resulting in $2.8 million judgment against defendants.
- Successfully defeated effort to certify a class action in Illinois alleging the improper imposition of premium charges for insurance not permitted by law.
- Successfully prosecuted Lanham Act and trade secret theft case on behalf of client involving technology used in the production of a certain chemical in China.
- Successfully obtained dismissal of client in product defect and breach of warranty action involving refinery product which allegedly caused millions in damage to a customer’s refinery.
- Successfully obtained dismissals of actions in Florida, Missouri, Nevada, and Tennessee brought against life insurers sued for losses suffered by plaintiffs who invested in life insurance products with the intention of selling the policies on the secondary life settlement market.
- Successfully obtained dismissal of financial service client in putative national class action involving the tax treatment of annuity payments generated by a pension plan.
- Represented a former gas trader in multi-million-dollar arbitration against a multinational bank. The matter resolved on favorable terms mid-arbitration.
PUBLICATIONS & SPEAKING ENGAGEMENTS
- David has written extensively on numerous legal issues and is a frequent speaker at conferences and events around the country.
- United States District Court for the Northern District of Texas
- United States District Court for the Southern District of Texas
- United States District Court for the Eastern District of Texas
- United States District Court for the Western District of Texas
- United States District Court for the District of Colorado
- United States District Court for the Eastern District of Michigan
- United States Courts of Appeals for the Second, Fourth, Fifth, Sixth, Eighth, Ninth, Tenth, and Eleventh Circuit
- The University of Texas School of Law, J.D., with honors, 1994
- Texas A&M University, B.B.A., cum laude, 1988