Biography

With over 25 years of experience as a litigator, my practice has spanned the full spectrum of commercial and business litigation, including contracts, business torts, securities, antitrust, civil RICO, accounting malpractice, lender liability and insurance coverage disputes. I have managed appeals and arbitrations and have defended or conducted governmental and internal investigations. I frequently provide antitrust counseling to clients, especially in the area of patents and trade secrets. In my practice I strive to devise creative, innovative, practical and cost effective solutions to complex problems and disputes. If I am involved early in the process, I try to resolve the controversy before it matures into litigation. I also have extensive courtroom experience and have tried a number of jury and non-jury matters to verdict in both state and federal courts. I have also briefed and argued many appeals in the state and federal courts.

From time to time, I serve as an Adjunct Professor of Law at the University of Houston teaching antitrust law. I am a frequent author and speaker on civil RICO, Sarbanes-Oxley, antitrust, director and officer liability, and commercial litigation.

Representative Matters

• Defended a seismic data processing company in a case brought by its largest competitor against claims that the company had misappropriated intellectual property contained in the competitor's processing software programs. After a three-week trial, the jury found for the company and against the competitor on all claims.
• Represented a pipeline company in a lawsuit brought by owners of two cogeneration plants alleging that pipeline's use of "transport or pay" provisions in long-term transportation contracts violated antitrust laws. Obtained summary judgment after a short period of discovery, defeated the plaintiff's $24 million damage claim and obtained validation of numerous other gas supply contracts having aggregate value in excess of $1 billion. Obtained affirmance on appeal.
• Defeated an injunction request of holder of preferential purchase right seeking to halt initial public offering of client's subsidiary and obtained a dismissal in subsequent arbitration of a $300 million damage claim.

Education

• JD, Columbia University
• BA, University of Alabama (cum laude)

Affiliations

• Houston Bar Association (H.A.Y Center Committee & Lawyers for Literacy Committee)
  
• Texas Bar Association
• American Bar Association
• Texas Bar Foundation (Fellow)
• Texas Eastern District Court
• Texas Northern District Court
• Texas Southern District/Bankruptcy Court
• Texas Western District Court
• United States Court of Appeals for the Third Circuit
• United States Court of Appeals for the Fifth Circuit
• Supreme Court of the United States of America

Representative Matters

• Defense of an out-of-state acquirer of local restaurant chain, in action by founder and former shareholder, who alleged that acquirer had conspired with his former lawyers to defraud him. Through a series of successful summary judgment motions, raising novel preclusion defenses, shareholder's claims were limited for trial. After a three-week jury trial, court granted directed verdict against plaintiff on his primary damage claim.
• Conducted two internal investigations for information technology company. The first resulted from FBI inquiry related to infiltration of company by members of Russian mafia, who were allegedly extorting money from Russian émigré employees. Worked with management to relocate informant, to terminate members of mafia and to recover pilfered goods. The second uncovered a $2 million embezzlement scheme connected to sale of software licenses. Litigation resulted in favorable settlements, enabling company to recover embezzled funds.
• Successfully defended a rural bank in suit brought by Navy captain and his family, falsely alleging that bank had foreclosed on all of family's farm equipment while captain was serving overseas during Desert Storm. Obtained opinion from court validating bank's position that it had not participated in sale of equipment and finding that equipment had instead been sold by captain's neighbor in accordance with captain's instructions. Obtained affirmance on appeal.
• Represented a long distance reseller, having approximately 2,000 shareholders, in investigation by SEC arising from reseller's failure to register securities. Persuaded SEC to accept offer of settlement, resulting in order against company and two officers to cease and desist from future violations of securities laws, but not ordering any monetary fines or other sanctions.
• Defended a cooperative buy-out by industrial firms of residences of homeowners living over a salt dome used for storage of petroleum products. Although homeowners desired to be relocated because of safety concerns, they challenged price paid to them by industry defendants. Court rendered summary judgment on plaintiffs' antitrust claims before trial. During jury trial, made successful motion to exclude economic testimony of plaintiffs' economist, resulting in directed verdict on plaintiffs' economic coercion claims. Obtained affirmance in Fifth Circuit on homeowners' appeal of summary judgment.
• Represented a hospital system in negotiations with state and federal antitrust regulators in connection with a hospital acquisition. Ultimately the regulators accepted a different market definition from that which they had used in evaluating similar acquisitions in the same state, which permitted the acquisition to go forward.
• Represented a parcel tanker shipping company in two related class actions alleging a conspiracy to fix prices with the three other largest shipping companies. After obtaining an order compelling arbitration of the dispute the cases were favorably resolved.
• Represented several corporate officers and directors of public companies in various SEC investigations.

Press Releases

September 12, 2011

March 01, 2011

Other News

How to Offer and Exclude Evidence - UH CLE (July 2009)
BoyarMiller underwrote this University of Houston CLE program, presented July 9-10, 2009 (Houston) and July 16-17, 2009 (Dallas). Chris Hanslik, the firm's Vice Chairman, served as the course director with Litigation Group Shareholder David Bond and Sr. Associate Craig Dillard both serving on the CLE faculty.

Youth About Business (June 2009)
BoyarMiller attorneys Gary Miller, David Bond, Gus Bourgeois, Blake Royal and Forrest Gordon participated in the Youth About Business summer business camp. This national entrepreneurial training program exposes high school students to successful entrepreneurs and provides hands-on training and practical skill development. Students engage in a business competition performing mock mergers and acquisitions. They are taught to research and analyze public companies and are challenged to think through their decisions and understand the strategy and due diligence necessary to determine and execute a feasible transaction.

The BoyarMiller team worked with students to help them understand complex transactions and give them guidance on the proper techniques used when negotiating a merger or acquisition. For more information about Youth About Business, visit  www.youthaboutbusiness.org.

Publications

Achieving Expectations: How to Make an Attorney Development Program Work for You
Texas Bar Journal, June 2006

The Sarbanes Oxley Act
A Communiqué to Our Clients and Colleagues, July 2003

Presentations

Privileges and Work Product - How to Get Information and How to Protect It
How to Offer and Exclude Evidence CLE Program at the University of Houston
by David Bond and Andrew Pearce

Proving Damages in Commercial Litigation
How To Offer And Exclude Evidence at the University of Houston
by D. Mitchell McFarland and Richard W. Staff
presented by David Bond

Lawyers and the Obligation Not to Lie
by David Bond and Jennifer Hebert
South Texas College of Law - Just Ethics Continuing Legal Education
presented by David Bond, October 9, 2008

Moderator, Conversation with Securities Litigators
State Bar of Texas, Antitrust and Business Litigation Update, November 2006

Antitrust Issues in Licensing
Practicing Law Institute and the State Bar of Texas, Understanding the Intellectual Property License, September 2003

Lawyer Disclosure: Confidential Information and the Attorney Client Privilege
State Bar of Texas, High Technology Litigation, February 2003

Awards and Recognitions

• Selected for inclusion in Texas Super Lawyers (2011, 2010, 2009, 2008, 2007, 2006)
• Martindale Hubbell — AV Peer Rated