David Swanson

David L. Swanson


Partner

 

Overview

David Swanson has broad litigation experience in state and federal courts, including bankruptcy, in jury and nonjury trials, arbitration, administrative hearings, and mediation. David has briefed and argued cases before state and federal appellate courts, and his clients include corporations, financial institutions, partnerships, joint ventures and individuals. For over 20 years, he has worked with clients on commercial contract disputes, business torts, construction claims, surety bond claims, OSHA violations, self-insured and insurance defense, collection and workout matters involving all types of collateral and foreclosure issues, state and federal securities fraud, and landlord-tenant. He is also experienced in intellectual property, labor, and employment litigation.

Representative Experience

  • Represented general partners in a dispute with limited partners over accounting and distribution practices.
  • Represented private equity fund in acquiring commercial paper and in liquidating either the commercial paper or the assets pledged to secure the debt.
  • Represented Trust and the bank retained to service collateralized mortgage-backed securities in the appointment of a receiver to protect assets pledged to secure repayment of the notes.
  • Represented mortgage-backed securities servicer in enforcing yield maintenance premium provision in securitized notes.
  • Represented surviving entity in a Chapter 262 appraisal action in Chancery Court in Delaware.
  • Represented a private equity fund in putative class actions brought by shareholders over fund’s acquisition of public companies.
  • Represented a distributor in a dispute that arose from an attempted sale or assignment of distributorship agreements in which the seller is alleging breach of contract, negligent misrepresentation, and fraud claims.
  • Represented a servicer of a franchise note trust in a fraudulent transfer action against a borrower.
  • Represented a property owner in a declaratory judgment action against a title insurance carrier in Federal Court.
  • Represented a 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 a 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 a plant owner, a general contractor and a paving contractor in OSHA investigations arising from fatal accidents.
  • Represented a general contractor in a construction defect case arising from the construction of a warehouse addition.
  • Represented a plant owner in a wrongful death case predicated on alleged premises defect.
  • Represented the developer of technology in an intellectual property dispute arising from joint venture agreement with large microchip manufacturer.
  • Represented a division of a multi-national company in a DTPA claim for approximately $3 million predicated upon allegedly defective roofing materials.
  • Represented directors, officers and shareholders of a dissolving corporation against a creditor’s attempt to pierce the corporate veil and impose $1.5 million in personal liability.

Professional History

  • Partner, Locke Lord LLP
  • Jenkens & Gilchrist, P.C., Dallas (April 1999 - 2006)
  • Ford Yungblut White & Salazar, P.C., Dallas  (November 1997 - April 1999)
  • Patton Boggs, L.L.P., Dallas (August 1995 - November 1997)
  • Winstead, Sechrest & Minick, P.C., Dallas  (August 1986 - August 1995)

Reported Decisions

  • 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)

Professional Affiliations and Recognitions

  • Member, State Bar of Texas
  • Private Bar Involvement Award, Dallas Bar Association (November 1991)
  • National Institute for Trial Advocacy Program (Summer 1991)