David P. Whittlesey - Andrews Kurth LLP

David P. Whittlesey

Listed in Best Lawyers since 2013

David focuses his practice on complex commercial, business and intellectual property litigation. He has litigated numerous cases involving shareholder disputes, mergers and acquisitions, securities fraud claims, patent infringement claims, and trademark disputes. In addition, he has significant experience with disputes including license agreements, software and systems design, systems integration, telecommunications, professional malpractice, trade secrets, real estate, insurance, banking, construction, oil and gas, and health care matters. He has represented clients in litigation and arbitration matters and in trial and appellate proceedings in several states and the District of Columbia. He also regularly counsels clients on compliance issues.

Additional Information

Representative Experience
  • Lead trial counsel for defendant in trade secret case involving alleged theft of diamond technology for the manufacture of PCD inserts for oil and gas drill bits. The plaintiff sought more than $13 million in actual damages, punitive damages and attorneys’ fees. After a three week jury trial, the jury found that no actual damages had been suffered. The Court entered a take nothing judgment in our client’s favor. 
  • Lead trial counsel for major Texas School District in a bond validation lawsuit seeking to validate $490 million in bonds that had been challenged by a taxpayer group. We prevailed in all respects at trial, secured validation of the bonds, and obtained a $15 million bond requirement for anyone wishing to appeal the judgment.
  • Lead defense counsel for multiple former National Football League players (including two Heisman trophy winning quarterbacks) in connection with securities fraud litigation in state and federal court arising from the alleged Triton Financial Ponzi scheme. Secured dismissal of all claims with no money changing hands. 
  • Texas counsel for national private equity firm that was sued in connection with the $24 billion going private transaction of a publicly traded Austin based computer manufacturer. Successfully obtained stay of all proceedings in Texas courts in favor of related proceedings in Delaware.
Part 2
  • Lead counsel for major international commodities firm in connection with an onslaught of shareholder litigation in state and federal court arising from the acquisition of a publicly traded Texas company; secured dismissal of all of the plaintiffs' claims in all cases with no money changing hands and no additional disclosures required.
  • Lead counsel for major private equity firm in fraudulent transfer lawsuit arising from $94 million debt to equity restructuring transaction.
  • Lead counsel for Atlanta-based Fortune 500 company in “entire fairness” merger litigation arising from the $134 million completed acquisition of an Austin-based Internet banking company.
  • Lead counsel for leading health insurer in $100 million antitrust lawsuit brought by a failed hospital alleging a "hub and spoke" conspiracy.
  • Trial counsel for major Texas city in successful public securities authorization validation lawsuit involving more than $600 million in projected future bond issuances.
  • Texas counsel for major international book publisher in connection with multi-state antitrust investigation and subsequent lawsuit arising from alleged antitrust conspiracy relating to e-books.
Part 3
  • Co-lead counsel for major satellite broadcaster in “baseball style” arbitration against Big 4 network owned and operated television stations.
  • Lead counsel in more than 20 systems integration and software lawsuits and arbitrations for a major national telephone services provider.
  • Lead counsel for alleged control person of defunct HMO in a $180 million lawsuit brought by special deputy receiver. Claims included breach of fiduciary duty and related insurance code violations.
  • Co-lead counsel for Big 4 accounting firm in an arbitration proceeding relating to a business valuation prepared by the firm.
  • Lead counsel for Austin-based software company in merger litigation involving claims of securities fraud, as well as claims concerning ownership rights to certain software following the completed merger.
  • Counsel for major Texas law firm in an $80 million lawsuit involving claims of alleged securities fraud.
  • Lead counsel for mortgage company in defense of a lawsuit involving alleged fraud and fraudulent inducement in an alleged “bait & switch” scheme relating to commercial mortgages.
  • Lead counsel for Chicago-based Fortune 500 company in an arbitration proceeding involving claims of fraud, breach of contract and securities law violations in connection with the acquisition of a Texas-based company.
  • Lead counsel in multiple trade secret lawsuits involving allegations of inevitable disclosure and related claims.
Part 4
  • Trial counsel in In re Schugg, a dispute over access to, and zoning of, a landlocked parcel of fee-simple property located entirely within the outer boundaries of the Gila River Indian Reservation near Phoenix.
  • Trial counsel in a two-week trial involving $4 million breach of contract, fraud and negligent misrepresentation claims against our client, a major national telephone company, resulting in a take nothing judgment in favor of our client and a recovery on $1 million counterclaim for attorneys' fees.
  • Member of litigation team representing major semiconductor manufacturer in $500 million breach of contract case in the Western District of Texas.
  • Member of litigation team handling multibillion-dollar lawsuit relating to divesture of multiple oil and gas properties owned by major international exploration and production company.
  • Member of litigation team handling $60 million lawsuit relating to the alleged breach of a petrochemical storage and transfer agreement involving a refinery in Puerto Rico.
Court Admissions
  • US District Courts for the Northern, Southern, Eastern and Western Districts of Texas
  • US Court of Appeals for the Fifth Circuit
  • US Supreme Court
The University of TexasBBA University of Houston Law CenterJ.D.
The General Counsel ForumAustin Bar FoundationTexas Bar FoundationLloyd Lochridge American Inn of Court,

Office Location

111 Congress Avenue, Suite 1700
Austin, TX 78701
United States

Practice Areas

Commercial Litigation