First Admitted: 2004, Texas

Professional Webpage: https://www.wynnepllc.com/attorneys/david-e-wynne/

Bar / Professional Activity:

Life Fellow Texas Bar Foundation
Nominating Committee for The Texas Bar Foundation, 2019

Verdicts / Settlements:

Counsel for a Municipal Utility District in a construction dispute involving a retaining wall and slope failure near a subdivision development in Fort Bend County, Texas. The suit involved claims for breach of contract and negligence against the civil engineering firm and structural engineering firm that designed the retaining wall. It resulted in a successful confidential mediated settlement., 2021
Counsel for Defendant Wastewater Control Improvement District against claims by insurance company related to non-payment for construction defects. David filed counterclaims against the insurance company for breach of contract and promptly filed a motion for summary judgment, which was granted in full, both dismissing the claims against David’s client and granting final judgment on the breach of contract counterclaim as a matter of law. , 2023
Counsel for ExxonMobil in an eminent domain proceeding in Louisiana involving the expropriation of ExxonMobil’s property that included a salt dome and underground caverns with a storage capacity of over 70 million barrels of crude oil that have long served as critical midstream storage hub for oil produced in the Gulf of Mexico and for refineries in the region. The taker’s pre-suit offer to acquire the property from ExxonMobil was $30 million, but David established that damages were in excess of $450 million, representing an increase of over 1500%. David defeated opposing counsel’s repeated efforts to strike each and every aspect of ExxonMobil’s expert valuation and the case settled favorably on the eve of trial. , 2023
Counsel for Defendant employer in a breach of contract claim asserted by several employees related to allegedly unpaid bonuses. David filed counterclaims against several of the plaintiffs and investigated legal malpractice claims against the law firm that prepared the bonus plan. The lawsuit successfully settled during mediation. , 2020
Counsel for derivative Plaintiff alleging breach of a partnership agreement and breach of fiduciary duties by directors involving a nationwide food manufacturer. Case settled for $60,220,004., 2019
Counsel for municipal utility district alleging breach of contract and negligence by engineering firm that designed a retaining wall and slope protection system that failed. , 2019
Counsel for energy company in product liability suit involving breach of warranties involving steel pipe purchased for more than $3 million. Successfully settled days before trial., 2018
Counsel for oil and gas operator defendant in a wrongful death case brough in Duval County, Texas. Moved for dismissal on the pleadings, which was granted with prejudice., 2018
Counsel for Exxon Mobil Corp. in Montana federal court involving claims against the largest investor-owned electric utility in the country regarding two extended electrical outages and power reliability problems that caused damages to an ExxonMobil refinery in excess of $90 million. Suit resulted in successful recovery for client after mediation shortly before trial., 2017
Counsel for Plaintiff oil and gas E&P company regarding the expiration of numerous oil and gas leases for lack of production. Suit resulted in full and complete victory for Plaintiff, including right and title to all disputed leases, less than four months from filing the original petition and with minimal cost to the client., 2016
Counsel for defendant 50% owner and former officer of an industrial machine company. Company asserted claims for breach of fiduciary duty against our client, seeking more than $1 million. Promptly filed a motion to dismiss pursuant to Texas Rule of Civil Procedure 91a, which the Court granted., 2016
Counsel for oil and gas corporation facing threats and allegations that it had breached a significant and long-term lease agreement. Filed a declaratory judgment action that resulted in a confidential recovery for our client within two months of filing suit., 2016
Counsel for Defendant private equity fund in Maryland federal court involving claims for breach of contract and fraud brought by an international investment banking firm seeking a multi-million dollar fee related to a $65 million oil and gas exploration investment. After David filed a motion to dismiss and won an order denying the plaintiff jurisdictional discovery, the plaintiff non-suited its claims with prejudice., 2016
Counsel for plaintiff midstream gas storage and NGL processor asserting breach of contract claims against purchaser regarding measuring components of Y-grade NGL mix product sold and calculating amounts due for sale of Y-grade NGLs. Claims had gone unresolved and remained disputed for over three years, but once David was engaged, the claims settled efficiently and favorably for the client., 2016
Counsel for bank in arbitration involving fraud and breach of a $9 Million Loan Participation Agreement by the participating bank. Arbitration resulted in successful, confidential recovery for our client. Counsel for hundreds of individual plaintiffs who suffered toxic tort damages from a large-scale chemical explosion at a Halliburton-owned chemical blend facility that caused an extensive evacuation in New Iberia, Louisiana. Trial of bellweather plaintiffs' claims resulted in a successful trial verdict for each of the plaintiffs. Represented a Kuwaiti engineering and construction firm, on a breach of contract claim related to a subcontract to supply containerized housing units to support US Army personnel involved in the 2003 invasion of Iraq. The case was tried to a jury for eight days and resulted in a unanimous verdict in favor of the plaintiff on all issues for just under $40 million. , 2013
Represented an oil and gas exploration and production company against the Railroad Commission of Texas and Superior Energy Services LLC in a suit regarding the wrongful plugging of an offshore orphaned gas well. After a 10 day jury trial, obtained a unimous jury verdict for $8,200,000 on both breach of contract and negligence claims. , 2012

Representative Clients:

Exxon Mobil Corp. EnerVest Ltd. Derivatively on behalf of Blue Bell Creameries, LP First Advantage Corporation Gulf Energy Exploration, Inc. Juniper Capital Advisors Luby's Fuddruckers, LLC OPI International Group, Ltd. Pilot Thomas Logistics, LLC Speedy Stop Food Stores, LLC Sunnova Solar Energy Corp. The Finger Companies KDM Operating LLC Thomas Petroleum, LLC Pecan Grove Municipal Utility District, 2019

Pro bono / Community Service:

Served on Nominating Committe for the Texas Bar Foundation, 2019
Mr. Wynne has represented local charities in property disputes, tax issues, and has provided representation in family court, pro bono.
Represented local charities regarding property and tax disputes.

Honors:

Texas Monthly Rising Star
Recognized as a Top Attorney in Houston, Top Attorney, H Texas Magazine
Fellow, Texas Bar Foundation
Who's Who in American Law, Who's Who

Educational Background:

Princeton University, 2001
University of Texas School of Law, 2004, with honors

Industry Groups:

Antitrust
Construction
Contracts
Eminent Domain
Legal Malpractice
Oil And Gas
Partnership Disputes

David E. Wynne