David has been a partner in the firm’s Denver office since 1993, and joined HRO in 1986.
His practice centers on commercial and employment litigation and arbitration, and he is one of only a small number of attorneys in the Rocky Mountain region who has significant and ongoing experience in international arbitration and litigation in federal, state and foreign trial and appellate courts. Listed in The International Who’s Who of Commercial Arbitration, Guide to the World’s Leading Experts in Commercial Arbitration, and Colorado Super Lawyers, he handles cases concerning contracts, mergers and acquisitions, corporations, partnerships, securities, business torts, employment and discrimination and that involve a variety of industries including, for example, telecommunications, technology, e-commerce, natural resources, banking and healthcare. He also serves as an arbitrator, and is a member of the American Arbitration Association's National Roster of Arbitrators.
His cases have included:
Representing the Colorado-based plaintiffs in a suit against a Hong Kong conglomerate for securities fraud, fraud, and breach of contract related to a cable television franchise in Hong Kong. After an 11 week jury trial, the plaintiffs won a $125.5 million jury verdict. Before trial, successfully defended interlocutory proceedings on defendants’ motion to compel arbitration in U.S. District Court, the 10th Circuit Court of Appeals, and the U.S. Supreme Court. After trial, successfully defended the judgment in the Court of Appeals and the Supreme Court, which affirmed 9-0. Through use of turnover and contempt proceedings, forced the defendants to post a supersedeas bond pending appeal, which ensured that after the appeals were over, HRO’s clients would recover the $200 million in damages, interest and attorneys’ fees to which they were entitled.
Representing three defendants in class action shareholders litigation filed in the Delaware Chancery Court concerning the merger of two publicly-traded Colorado companies.
Representing the claimant, a German company, in an ICC arbitration under German law against a California company.
Representing the respondent, a German company, in an ICC arbitration under German law against a California company.
Representing the claimant, a Colorado company, in an ICDR arbitration under New York law against a Mexican company.
Representing the claimant, a Colorado company, in an ICC arbitration under English law against a Saudi Arabian company.
Representing the respondent, a Texas company, in an ad hoc arbitration against another Texas company for a post-closing working capital adjustment under New York law in connection with an asset sale transaction.
Representing the claimant, a California company, in a non-administered AAA Commercial Rules arbitration under New York law seeking indemnification in connection with an asset sale transaction.
Representing a Texas company in multiple non-administered AAA Commercial Rules arbitrations for breach of contract under New York law against another Texas company.
Representing the claimant, a Colorado company, in an AAA Commercial Rules arbitration for breach of contract under California law against a California company.
Representing the claimant, a Dutch company, and supervising and leading a team of English solicitors and barristers in a suit against a commercial and investment bank in the High Court of Justice, Chancery Division, London. The case, in which there was approximately $2 billion in dispute, concerned the extent to which a bank may compete against its customer when the customer has provided the bank with confidential information about the customer’s business and business plans. In May 2000, the English Court of Appeal upheld a preliminary injunction in favor of HRO’s client, and barred the bank from disposing of an asset that HRO’s client contended was acquired in violation of the bank’s duties.
Representing various defendants and working with Israeli counsel in a breach of fiduciary and minority shareholder rights lawsuit in the District Court of Tel Aviv-Jaffa, Israel.
Representing the plaintiff, a German citizen, in litigation for breach of contract and civil theft arising out of the sale of an airplane.
Representing the plaintiff, the editor of a scientific journal, in Colorado federal court litigation for breach of contract against an English publishing company.
David is a 1986 graduate with high honors from the University of Texas Law School, and received a B.A. with highest honors from the University of Texas at Austin in 1983.
He is a member of the American Law Institute. In 1999, Governor Bill Owens appointed him to the Colorado State Board of Ethics, which David chaired from 2006-2007, and to the Governor's Task Force on Civil Justice Reform.
A graduate of the Colorado Republican Leadership Program and a member of Leadership Program of the Rockies Alumini Advisory Board, he has assisted the Colorado Republican Party on various election law issues, including provisional balloting issues in the hotly-contested 7th Congressional District race in November 2002.
He and his wife, Kelly, have two children.