David W. Lauritzen

David is a shareholder in the Firm's Litigation Section. He joined the firm in 1996. He is licensed in both Texas and New Mexico, and is admitted to practice before the United States District Courts for the Western, Northern, and Southern Districts of Texas; the United States District Court for the District of New Mexico; the United States Fifth Circuit Court of Appeals; the United States Tenth Circuit Court of Appeals; the United States Federal Circuit Court of Appeals; and the United States Supreme Court. An Eagle Scout, David is an adjunct professor at Midland College and volunteers in many civic, church, and charitable activitiesThe diversity of David's practice is evident in the following examples of recent representations:

• David is currently representing three independent oil companies as plaintiffs against Apache Corporation, claiming that Apache breached contractual and fiduciary obligations to his clients regarding expiring leases and the assignment of substantial mineral interests in the Texas Panhandle. The plaintiff's claimed damages are in excess of $1 billion.

• After defending a large independent well services company in two jury trials involving automobile - 18 wheeler collisions, David received a favorable ruling from the Texas Supreme Court that changed over four decades of Texas law that previously prohibited defendants from introducing evidence of an accident plaintiff's failure to wear a seat belt.

• David successfully obtained dismissals of one of the "Big Four" U.S. banks against claims of fiduciary malfeasance by trust beneficiaries in multiple state and federal lawsuits filed over a period of twenty years.

• After defending a major chemical company against a $10 million chemical exposure claim, David received a favorable ruling from the Texas Supreme Court that solidified Texas premises law.

• David represented an independent drilling company and its individual employees against claims by a worldwide oil services company that his client had "raided" over two dozen employees and had improperly retained trade secrets. Resolved the case by highly favorable settlement shortly before trial.

• David successfully upheld a verdict of undue influence and "intentional" wrongful death against a private caregiver who allegedly poisoned her elderly client to inherit her West Texas estate, before the Federal Fifth Circuit Court of Appeals.

• David successfully upheld the dismissal of an association of orthopedic physicians against a qui tam claim of improper Medicare billing before the Federal Fifth Circuit Court of Appeals.

David has briefed and argued state and federal appeals regarding claims for oil and gas disputes, qui tam actions, civil rights violations, personal injuries, malicious prosecution, and contractual disputes. He has prepared briefs in both state and federal appeals courts, including the United States Supreme Court and the Texas Supreme Court. His briefs and arguments have helped resolve disputes over oil and gas contracts, discriminatory employment practices, federal common law restitution claims, substantive due process, probate disputes, and fiduciary duties.

An active trial attorney, David began his career by defending national insurance companies and their insureds from personal injury claims in bot h Texas and New Mexico. Although he currently retains a defense docket with respect to catastrophic personal injury defense and other tort claims, David also devotes much of his trial practice to commercial matters, including contractual disputes, fraud and misrepresentation, governmental defense, breach of fiduciary duty, and employment disputes, specifically in the areas of noncompetition and nonsolicitation.

David has represented a number of clients in oil and gas matters involving operating agreements, environmental remediation, drilling contracts, well service contracts, master service agreements, audit rights, gas purchase agreements, and federal petroleum price control legislation and regulations. He has participated in state and federal courts involving federal deregulation, construction and enforcement of operating agreements, operator removal disputes, employment actions, and working interest owner disputes.