Dunham, David E.

Biography

David Dunham is board certified in Civil Trial Law by the Texas Board of Legal Specialization and has earned Martindale-Hubbell’s highest possible attorney rating of AV. Mr. Dunham has been recognized thirteen times as a Super Lawyer by Texas Monthly and American Law Media. He has also been featured in the annual editions of the Super Lawyers Business Edition and in ALM’s Texas’ Top-Rated Lawyers. Mr. Dunham’s work in the area of patent infringement litigation has landed him on ALM’s annual lists as a Top Rated Lawyer in IP Law.

Mr. Dunham is an experienced trial lawyer whose work on behalf of clients at trial has been recognized by the American Lawyer, VerdictSearch.com and topverdict.com in their annual publications. Mr. Dunham has represented business and individuals in the following industries: semiconductor, automotive products, telecommunications, software, medical devices, wireless, real estate transactions, computer peripherals, recreational equipment, securities, gaming and more.

EXPERIENCE

Clients regularly turn to Mr. Dunham for representation in the following types of cases:

  • Shareholder and LLC member and founder disputes
  • Breach of contract
  • Covenant not to compete matters
  • Intellectual property disputes, including patent, trademark and copyright infringement
  • Trade secret misappropriation
  • Professional liability
  • Securities litigation and arbitration
  • Partnership disputes
  • Unfair competition and false advertising
  • Antitrust disputes

RECENT REPRESENTATIONS BY MR. DUNHAM INCLUDE:

  • 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.
  • Breach of fiduciary duty and breach of contract case involving founding member of an LLC who had been “squeezed out” by the majority equity owner.
  • Breach of contract fraud and defamation case brought by advertising and marketing company; result achieved at trial was one of the largest verdicts in the state.
  • 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.
  • 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.
  • Patent Infringement Defense: Represented large, international software company sued on patent infringement claims in the Eastern District of Texas. Case remains pending.
  • 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.
  • 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.
  • Shareholder Litigation: Represented shareholder in minority shareholder oppression case filed in Austin, Texas. Case settled before trial.

COMMUNITY INVOLVEMENT

Board Director, Caritas of Austin, a non-profit organization dedicated to fighting poverty, hunger and homelessness.

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.

Member: Austin Bar Association, State Bar of Texas, Texas Trial Lawyers Association

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David E. Dunham

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Practice Areas:

  • Business Litigation
  • Intellectual Property Litigation
  • Securities Litigation and Arbitration
  • Professional Liability Litigation
  • Corporate Fiduciary Litigation
  • Labor and Employment Litigation

Education

  • The University of Texas School of Law, Austin, Texas
    • J.D. - 1988
    • Honors: With Honors
  • Vanderbilt University, Nashville, Tennessee
    • B.A. - 1984
    • Honors: magna cum laude

Bar Admissions

  • U.S. Supreme Court
  • Supreme Court of Texas
  • U.S. Court of Appeals 5th Circuit
  • U.S. District Court Western District of Texas
  • U.S. District Court Southern District of Texas
  • U.S. District Court Northern District of Texas
  • U.S. District Court Eastern District of Texas

Current Employment Position

  • Attorney