David E. Dunham
Top rated Business Litigation attorney in Austin, Texas
Practice Areas:
Business litigation,
Securities litigation,
Intellectual property litigation,
Legal malpractice,
Wrongful termination
Education Qualification:
The University of Texas School of Law
Practice Areas:
Business litigation,
Securities litigation,
Intellectual property litigation,
Legal malpractice,
Wrongful termination
919 Congress Avenue, Suite 910Austin, Texas, 78701
First Admitted: 1988, Texas
Professional Webpage: https://www.dunhamllp.com/attorney/dunham-david-e/
Bar/Professional Activity:
- Member, American Board of Trial Advocates, 2021
- U.S. Court of Appeals 5th Circuit
- U.S. District Courts Northern Districts of Texas
- Member, State Bar of Texas
- Supreme Court of Texas
- U.S. District Courts Southern Districts of Texas
- Member, Texas Trial Lawyers Association
- Texas, 1988
- U.S. District Courts Western Districts of Texas
- U.S. District Courts Eastern Districts of Texas
- United States Supreme Court
- Member, Austin Bar Association, 1988
Verdicts/Settlements (Case Results):
- Successfully represented investor and manager of 15 different LLCs who was being sued by hundreds of investors. Prevailed at San Antonio Court of Appeals in 2023 and Texas Supreme Court in 2024; all efforts to remove client as LLC manager failed. 3CM, LLC v. Trimble, No. 04-22-00233-CV, 2023 WL 2672900 (Tex. App.-San Antonio Mar. 29, 2023, pet. denied). , 2024
- Defended founder in lawsuit in Travis County lawsuit involving other founders of Austin-based company, prevailed on all claims and was awarded fees against opposing party and counsel., 2023
- MARION (0800989127 WB, LLC) v. TMMS Holdings LLC, et. al; Cause No. D-1-GN-17-000347. (Lead counsel and obtained verdict for Plaintiff advertising company on claims of fraud, breach of contract and more. Verdict recognized by Verdictsearch and Topverdict.com as one of the top-50 highest verdicts in Texas for 2018). , 2018
- Represented founder of LLC in lawsuit filed in state court against other founder; prevailed on summary judgment on breach of contract and breach of fiduciary duty claims, 2022
- Fraud and breach of contract case brought by founding investor in company: result at trial resulted in one of the highest verdicts in the state., 2016
- Breach of contract and fraud case brought by telecommunications company almost put out of business by one of the largest long-distance carriers in Mexico. Result at trial was one of the largest verdicts in the country., 2003
- Patent Infringement: Represented owners of computer and cell phone patent in five infringement lawsuits brought in the Austin Division of the Western District of Texas. All cases resulted in settlements and licenses., 2014
- Trademark Infringement and Defense: Represented Houston-based company in asserting and defending claims of trademark infringement in Houston and Boston. Cases in both Houston and Boston settled., 2020
- Breach of Contract: Represented oil and gas company in lawsuit filed in Houston Division of the Southern District of Texas regarding breach of an acquisition agreement. Case settled early in litigation.
- Professional Liability: Represented United States Bankruptcy Trustee in legal malpractice and breach of fiduciary duty case filed in Austin, Texas. Case settled before trial and was approved by the bankruptcy court.
- Partnership Dispute: Represented partner in federal court in breach of contract and breach of fiduciary duty case.
- Copyright Infringement: Represented company in copyright infringement case filed against music label in Austin Division, Western District of Texas. Case settled early in litigation.
- Griffiths v. Golovina, et. al.; CAUSE NO. 2014-18161, Harris County, 270th District Court (Top 50 Verdict for Texas, www.topverdict.com), 2016
- Andrew Katrinecz and David Byrd vs. Adesso, Inc., and Anyware Computer Accessories, Inc., et. al.; Cause No. 2:08-CV-00236; In the United States District Court for the Eastern District of Texas, Texas. (Lead counsel for Plaintiff inventors in patent infringement case. Settlement reached)
- Teleplus, Inc. v. Avantel, S.A., (W. D. Tex. Apr. 9, 2003)
- Joseph Kropka v. KML, Inc.; 201st District of Travis County
- Debby Wilie v. KJFK, Shamrock Communications, Inc. and Bill Simonson; 261st District Court of Travis County, Texas; Shamrock Communications, Inc. d/b/a KJFK v. Wilie
- Pamela Smith v. Dean Witter, Inc.; Civil Action No. SA-97-CA-1106; United States District Court for the Western District of Texas.
- Johnny J. Torrez and Sylvia A. Torrez v. Brookstreet Securities Corporation; Securities arbitration. (Lead counsel for investors. Award obtained after final hearing)
- Sierra Microwave Technology, Inc. v. Mitchell Family Trust; American Arbitration Association. Lead counsel for management buyout group; obtained award for client after final hearing.
Representative Clients:
- Represented founder and LLC manager, 3CM LLC, in dispute with 15 LLCs and hundreds of investors., 2024
- Represented Murphy Well Control in FLSA class action in federal court., 2023
- Represented corporate advisor in stock option dispute with company. Maysonave v. Venafi, Inc., 2022
- Represented investor and founder in dispute with company. Knight v. Gelato's Holdings, Inc., et. al. (Travis County and the American Arbitration Association)., 2020
- Represented 0800989127 WB, LLC in appeal of judgment obtained on behalf of client in breach of contract, fraud and business disparagement case. Huong Le Nguyen, et. al. v. 0800989127 WB, LLC, No. 03-18-00760-CV (Austin Ct. of Appeals 2019). , 2019
- Represented TSI Products, Inc., Defendant and Counter-Plaintiff, in an antitrust, trademark infringement, false advertising and business torts case. Armor All/STP Products Company v. TSI Products, Inc., 3:17-cv-01131, (D. Conn.). , 2019
Special Licenses/Certifications:
- Board Certified, Civil Trial Law, Texas Board of Legal Specialization, 2005
Pro bono/Community Service:
- Board Director, Concept Services, Inc., an Austin-based restaurant equipment provider serving clients all across the country.
- Advisory Board Director, KLD Energy Technologies, inc., a company headquartered in Austin dedicated to developing clean energy technologies including high-performance electric motor system technology.
- Board Director, Caritas of Austin, a non-profit organization dedicated to fighting poverty, hunger and homelessness.
Honors/Awards:
- Member, ABOTA, Member, American Board of Trial Advocates, 2021
- 0800989127 WB, LLC (MARION) v. TMMS Holdings LLC, et. al; Cause No. D-1-GN-17-000347 (Lead counsel for Plaintiff marketing firm and obtained verdict on all claims, including quantum meruit), Highest Verdict in Texas for Quantum Meruit, Topverdict, 2018
- 0800989127 WB, LLC (MARION) v. TMMS Holdings LLC, ..., Top 50 United States Commercial Litigation Verdicts, Topverdict, 2018
- 0800989127 WB, LLC (MARION) v. TMMS Holdings LLC, et. al; Cause No. D-1-GN-17-000347 (Lead counsel for Plaintiff marketing firm and obtained verdict on all claims, including defamation and business disparagement), Highest Verdict in Texas for Defamation, Topverdict, 2018
- 0800989127 WB, LLC (MARION) v. TMMS Holdings LLC, et. al; Cause No. D-1-GN-17-000347. (Lead counsel and obtained verdict for Plaintiff advertising company on claims of fraud, breach of contract and more. Verdict recognized by Verdictsearch and Topverdict.com as one of the top-50 highest verdicts in Texas for 2018)., Top 50 Verdict in Texas, Verdictsearch and Topverdict.com, 2018
- Lead counsel for Plaintiff in Teleplus, Inc. v. Avantel, W.D. Tex. 2003, Top 100 Verdict in U.S., VerdictSearch, 2003
- Lead counsel for Plaintiff in Griffiths v. Golovina, et. al.; CAUSE NO. 2014-18161, Harris County, 270th District Court, Top 50 Texas Verdict, Topverdict.com, 2016
- AV rating, highest given in the area of legal ability and ethics, by Martindale-Hubbell., AV, preeminent rating, Martindale-Hubbell Law Directory, 1994
- Selected by ALM as a Top Rated Lawyer in IP Law, Top Rated Lawyer in IP Law, 2015
Educational Background:
- University of Texas School of Law, JD with Honors., 1988
- Vanderbilt University, BA - Bachelor of Arts, magna cum laude, 1984
Industry Groups:
- Construction and Semidiconductor.
- Insurance Policyholders
- Investors
- LLC Members and Founders
- partnerships of all kinds
- Real Estate
- Shareholders
- Software
- Technology
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