David Rowe

Partner

David Rowe graduated with honors from the University of Texas School of Law, where he served on the editorial board of the Texas Law Review and as Director of the Legal Research Board. He practiced with a large Texas based firm – Haynes & Boone, LLP – before joining DuBois, Bryant & Campbell, LLP in 2006. Mr. Rowe’s practice is primarily devoted to prosecuting and defending complex commercial cases involving contract and statutory claims as well as allegations of fraud and other business torts. His experience encompasses a wide array of industry, including automotive parts, truck leasing, retail grocery, video gaming, software development, telecommunications, mining, insurance, water treatment, oil and gas, after market warranties, financial institutions, construction, real estate, chiropractic, and health care. Mr. Rowe’s experience includes partnership disputes, construction defect and payment disputes, copyright and trademark infringement, hard money lender claims, patent infringement, anti-trust, civil RICO, landlord tenant, trade secrets and unfair competition, covenants not to compete, UCC, DTPA, breach of warranty claims, and securities fraud cases, among others. Mr. Rowe has extensive trial experience with a distinguished track record of success. Mr. Rowe teaches trial advocacy at the University of Texas School of Law.

J.D. University of Texas, 1995, with honors

Book Review Editor, Texas Law Review

Legal Research Board Director

B.A. University of Oklahoma, 1988

Adjunct Professor, University of Texas at Austin, School of Law, Trial Advocacy (2008 to present)

Director, Civil Litigation Section, Austin Bar Association (2005 to 2010)

Chair, Bench Bar Section, Austin Bar Association (2003-2005)

State Bar of Texas

Austin Bar Association

Admitted to practice before U.S. District Courts for Northern, Southern, Eastern and Western Districts of Texas, and the Eastern District of Michigan, as well as Fifth Circuit Court of Appeals.

Author, “Beware of Projects with Assigned Subcontractors,” Construction Executive Magazine, September 2011 http:/www.constructionexec.com/Issues/September_2011/Legally_Speaking.aspx

August 2015. Co-lead Plaintiff’s counsel. Represented subcontractor against general contractor on a project involving construction of a solar power plant. Three week arbitration hearing resulted in a multi-million dollar award for client.

October 2014.  Lead defense counsel.  Represented buyer of corporate assets sued by the seller, which had received compensation in the form of a promissory note.  The seller claimed it had the right to convert the note into an equity stake in the buyer.  Negotiated settlement by which seller received no equity.

April 2014. Lead plaintiff’s counsel. Represented minoritiy shareholder in closely held corporation, who sought a forced buy-out due to minority shareholder oppression. Obtained settlement that included corporation’s agreement to purchase clients’ shares.

December 2013. Lead plaintiff’s counsel. Represented closely held corporation in action to enforce non-compete agreements against a group of former employees, who left to form their own competing business. Obtained temporary injunction enforcing the non-compete agreements after week-long bench trial.

November 2013. Lead plaintiff’s counsel in a copyright infringement matter. Obtained permanent injunction and money judgement for client.

July 2012. Lead defense counsel. Defended oil and gas exploration company against claims alleging under payment of ORRI. Plaintiff agreed to drop lawsuit with prejudice after receipt of Answer and Counterclaim.

April 2012. Lead plaintiff’s counsel. Represented group of investors, who had been defrauded. Obtained judgement for clients on all claims.

March 2011. Co-lead plaintiff’s counsel. Represented general contractor in a dispute involving construction of water treatment plant. Contractor sought additional payments from owner, and resisted paying more money to subcontractor. Negotiated settlement by which contractor received additional money from owner, but did not have to pay anything more to subcontractor.

September 2009. Lead plaintiff’s counsel. Obtained summary judgment on breach of contract claims for architect against architect’s clients. Judgment included all requested attorney fees.

April 2009. Lead plaintiff counsel. Obtained judgment on all claims for lender against borrower (and guarantor), who had defaulted.

February 2009. Lead plaintiff counsel. Obtained judgment on all claims for borrower against broker, which had introduced borrower to a hard money lender that defrauded borrower.

October 2008. Lead defense counsel.  Obtained take-nothing summary judgment on roofer’s claims against landlord.

September 2008. Lead plaintiff’s counsel.  Represented developer against hard money lender who accepted large advance fee in exchange for promise to fund $50 million loan. Lender failed to fund loan, but kept the advance fee. Negotiated substantial refund of fee after less than 3 months of aggressive litigation.

January 2008. Lead plaintiff’s counsel. Represented closely-held corporation in action against former employee who was also a minority shareholder and officer. Plaintiff alleged that Defendant embezzled cash, then took trade secrets to form a new competitor. Defendant counterclaimed, alleging minority shareholder oppression. Obtained settlement for client that included return of stolen business and a five year non-compete agreement.

October 2007. Co-lead counsel in case involving claims of fraud and breach of warranty involving water treatment equipment where Plaintiff demanded $50 million. Negotiated favorable settlement after 4 week jury trial.

March 2007. Lead plaintiff’s counsel. Negotiated sizable settlement for chiropractor against personal injury attorney who failed to honor promise to pay chiropractor’s fees upon settlement of underlying negligence claim.

February 2007. Lead plaintiff’s counsel. Obtained significant arbitration award for client against former employee who had embezzled fees.

March 2006. Lead defense counsel. Represented insurance carrier. Insured brought claims for violations of Insurance Code, alleging that carrier’s attempts to collect unpaid premium were unlawful. Carrier counterclaimed to recover unpaid premium. A 3-week jury trial ended in a mixed verdict, the adverse portions of which were reversed on appeal with instructions to render judgment for carrier.

October 2005. Lead defense counsel for large oil and gas exploration company. Obtained dismissal of a negligence claim related to activities at a well site.

February 2005. Lead defense counsel for publicly-traded water treatment equipment manufacturer. Obtained a take nothing judgment after a 3 1/2 week jury trial. Plaintiff sought $60 million+ on claims of fraud, product defect, and breach of warranty. Case was subsequently remanded and re-tried.

April 2004. Lead defense counsel for leading mining and chemical company. Negotiated nuisance value settlement.  Plaintiff had sought $1 million+ for an alleged trademark infringement.

March 2004. Lead defense counsel for an internet search engine entity. Obtained dismissal of a federal securities fraud case. Plaintiffs alleged $10 million+ in damages.

September 2003. Lead plaintiff’s counsel. Obtained judgment on all claims after a week long jury trial involving claims of fraud in a real estate transaction.

May 2003. Lead plaintiff’s counsel. Obtained arbitration award on a breach of contract claim.

2002. Lead defense counsel. Obtained verdict and final judgment for client after bench trial.

2001. Lead plaintiff’s counsel. Obtained temporary restraining order and arbitration award for client on a breach of contract claim.

2000. Lead defense counsel. Negotiated reasonable settlement 3 days into arbitration proceeding where plaintiff sought significant damages for alleged breach of contract.

2000. Lead plaintiff’s counsel. Obtained temporary injunction and partial summary judgment for client against former employee who stole client’s trade secrets.