Foster, B. David L.

B. David L. Foster

Partner
RELATED SERVICES

Dave Foster regularly represents banks, mortgage servicers and other financial institutions in putative class actions, mass actions and individual actions in state and federal court as well as arbitration proceedings. In addition to his consumer finance practice, Dave has significant experience handling disputes involving real property investment and development as well as representing investors, directors, officers and issuers in cases involving securities fraud and registration irregularities. He also handles general commercial disputes and understands that every client's goals are different, and their cases should be handled accordingly.

Dave Foster regularly represents banks, mortgage servicers and other financial institutions in putative class actions, mass actions and individual actions in state and federal court as well as arbitration proceedings. In addition to his consumer finance practice, Dave has significant experience handling disputes involving real property investment and development as well as representing investors, directors, officers and issuers in cases involving securities fraud and registration irregularities. He also handles general commercial disputes and understands that every client's goals are different, and their cases should be handled accordingly.

David's representative experience includes:

Financial Services Litigation

  • Assist lenders, mortgage servicing companies and government-sponsored enterprises in numerous putative class actions, multidistrict litigation, individual litigation and appeals regarding unique requirements of Texas home equity loans under Section 50(a)(6) of the Texas Constitution
  • Represent mortgage servicing company in putative class action regarding the effect and scope of forbearance programs
  • Represent mortgage servicing company in putative class action challenging foreclosure fees and distribution of excess sale proceeds
  • Represent loan servicers and trusts in putative class actions challenging the validity of the securitization process and corresponding real property filings
  • Represent mortgage servicing company in putative class action challenging the application of set-aside fees and mortgage insurance premiums in home equity consumer mortgages (HECMs or reverse mortgages)
  • Repeated representation of consumer finance companies in disputes relating to the Uniform Commercial Code (UCC), Truth-In-Lending Act (TILA), Real Estate Settlement Procedures Act (RESPA), Telephone Consumer Protection Act (TCPA) and other consumer statutes
  • Advise clients on origination and servicing practices as well as evaluate portfolio risk
  • Investigate and defend whistleblower claims
  • Respond to Civil Investigative Demands (“CIDs”) from CFPB, HUD, state attorneys general and DOJ
  • Frequently asked to take over “problem” cases approaching trial or on appeal
  • Handle general banking disputes ranging from safe deposit boxes to commercial accounts and loans

Real Property Disputes

  • Varied representation of multiple private real estate investment and development firms relating to their real estate assets
  • Represent real estate investors in business divorce strategy and litigation
  • Represent both property owners and contractors in construction litigation
  • Represent commercial and residential landowners in a variety of disputes and venues
  • Represent nationwide telecommunications provider in both leasehold and consumer disputes
  • Represent luxury condominium developer relating to disputes over purchase contracts and disclosures statements
  • Represent landowner in environmental dispute

Securities Litigation

  • Repeated representation of various companies in actions brought by investors in mortgage-backed securities
  • Trial counsel for a group of Florida investors against issuer and related shareholders and stakeholders
  • Trial counsel for a manager of investment funds in an action brought by investors for alleged violations of the Texas Securities Act seeking over $35 million
  • Representation of investment partnership in a derivative action brought by the Chapter 11 Trustee of an issuer seeking over $72 million for alleged secondary securities fraud liability

Business Litigation

  • Represent apartment complex owners in putative class actions relating to water submetering, pest control and cleaning fees
  • Represent electronic filing and service provider in putative class action asserting state antitrust violations, among other claims
  • Represent medical insurance company in various contract disputes
  • Represent property management company, construction company and related principal in a lawsuit filed by tax credit apartment complex properties alleging breaches of contract and fiduciary obligations
  • Represent medical device supplier in $50 million contract dispute
  • Represent artificial turf manufacturer and installer in non-compete, trade secret and design disputes
  • Represent accounting firms and individual malpractice actions
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CREDENTIALS
Education
  • J.D., magna cum laude, Texas Tech University School of Law, 2001
    Order of the Coif
    Fifth Circuit Editor, Texas Tech Law Review
    Member of National Moot Court Teams
    Regents Scholarship
  • B.B.A., Finance, The University of Texas at Austin, 1998
Bar Admissions
  • Texas, 2001
Court Admissions
  • U.S. District Court for the Western District of Texas
  • U.S. District Court for the Northern District of Texas
  • U.S. District Court for the Southern District of Texas
  • U.S. District Court for the Eastern District of Texas
  • U.S. Court of Appeals for the Fifth Circuit
Professional Affiliations
    • Member, Travis County Bar Association
    • Member, State Bar of Texas
Awards & Recognitions
    • Named, Super Lawyers® Texas Rising Star, Business Litigation (2008-2016)
Community Leadership
    • Volunteer youth sports coach
    • Repeated representation of low income individuals seeking a divorce, Volunteer Legal Services
    • Represented the State of Texas in an appeal of an order terminating parental rights
    • Volunteer, Mobile Loaves & Fishes
    • Past Committee Member, Austin Habitat for Humanity Legal Build