David L. Swanson

David Swanson has broad litigation experience in state and federal courts, including, jury and nonjury trials, bankruptcy and adversary proceedings, appeals, arbitration, administrative hearings and mediation. David has briefed and argued cases before state and federal appellate courts. His clients include a publicly traded REIT, private equity funds, corporations, financial institutions, partnerships, joint ventures and individuals. For over 30 years, he has worked with clients on disputes involving commercial lending, commercial real estate, contract disputes, business torts, construction claims, self-insured defense of property damage and personal injury matters, collecting and workout matters involving all types of collateral and foreclosure issues, environmental and landlord-tenant.

• Represented publicly traded REIT on real estate, tax, property damage and premises liability issues
• Represented private equity fund in a joint venture dispute regarding commercial real estate in Puerto Rico
• Represented private equity fund in indemnity and casualty loss involving independent and assisted living facilities
• Represented high-net-worth individual in a business tort dispute and receivership
• Represented entities in adversary proceeding over debt and related subordination agreement
• Represented tobacco distributor in collecting amounts due under credit agreement and guaranty
• Represented CMBS special servicers in workout and collection matters
• Represented private equity fund in dispute with restaurant tenant in hotel
• Represented CMBS special servicer in disputes regarding notes secured by an office building, hotel and a mall
• Represented REIT in wrongful death action in Louisiana
• Represented private equity fund in acquiring commercial paper and in liquidating either the commercial paper or the real estate pledged to secure the debt
• Represented CMBS special servicer in dispute over yield-maintenance provision in notes
• Represent contractor in dispute with owner over additional work
• Represented CMBS special servicer to get a federal court receiver appointed over assets in multiple states
• Represented surviving entity in a Chapter 262 appraisal action in Chancery Court in Delaware
• Represented private equity fund in putative class actions brought by shareholders over fund's acquisition of public companies
• Represented CMBS special servicer of franchise note trust in a fraudulent transfer action against a borrower
• Represented private equity fund in a declaratory judgment action against a title insurance carrier in Federal Court
• Represented former public company in a threatened appraisal suit in Delaware
• Represented brokerage firm in claims by former customers
• Represented property owner in easement dispute
• Represented general contractor in EPC contract dispute in an attempt to recover costs incurred for changes, delays and inefficiencies on a $123 million project
• Defended general contractor from subcontractor's claims for additional $5 million in compensation for work on a cement plant expansion project
• Defended general contractor from subcontractor's claims for additional $19 million in compensation for delays and inefficiencies in placing fiber optic cable from New York to Ohio
• Represented plant owner, general contractor and paving contractor in OSHA investigations arising from fatal accidents
• Represented general contractor in a construction defect case arising from the construction of a warehouse addition
• Represented developer of technology in an intellectual property dispute arising from joint venture agreement with large microchip manufacturer
• Represented division of a multinational company in a DTPA claim for approximately $3 million predicated upon allegedly defective roofing materials

Reported Decisions

• Harrison Company, L.L.C. v. A-Z Wholesalers, Inc., et al., is 44 F.4th 342 (5th Cir. 2022)
• Power v. Power, No. 05-19-01557-CV, 2022 WL 1314944 (Tex. App.—Dallas May 3, 2022, pet. granted, judgm’t vacated w.r.m.)
• LSREF2 Cobalt (TX) v. 401 Centre, LLC et al., 501 S.W.3d 626 (Tex. App. 2016)
• BKCAP, LLC v. Captec Franchise Trust 2000-1, 688 F.3d 810 (7th Cir. 2012)
• BKCAP, LLC v. Captec Franchise Trust, 2000-2001, 701 F. Supp. 2d 1030 (ND Ind. 2010)
• BKCAP, LLC v. Captec Franchise Trust 2000–1, 572 F.3d 353, 355–57 (7th Cir.2009)
• State of New Mexico v. Caudle, 108 S.W.3d 319 (Tex. App—Tyler 2002, review den'd)
• Caprock Investment Corp. v. FDIC, 17 S.W.3d 707 (Tex. App—Eastland 2000, no writ)
• Boone v. Carlsbad Bancorporation, Inc., 972 F.2d 1545 (10th Cir. 1992)
• United Food & Commercial Workers Union, Local No. 1564 v. Quality Plus Stores, Inc., 961 F.2d 904 (10th Cir. 1992)