David W. Clark - Bradley Arant Boult Cummings LLP

David W. Clark

Listed in Best Lawyers since 2003
Phone: 601-592-9913

David Clark's commercial litigation practice has included a broad range of clients and issues in state and federal court, arbitration and regulatory agencies. He has substantial trial experience in complex commercial, product liability, securities, insurance, trademark, antitrust and unfair competition, contract, lender liability, franchise, telecommunications and banking litigation.    

David has been recognized as a national leader in civil justice reform by the American Tort Reform Association, who has named him a Legal Reform Champion. For more information, go to LRC website.

David is listed in The Best Lawyers in America and Mississippi Super Lawyers in the field of Business Litigation. He has been the State Delegate for Mississippi in the ABA House of Delegates, Chair of the ABA Standing Committee on Gun Violence, on the Council of the ABA's Section of Litigation, on the Council of the ABA Fund for Justice and Education, a past Chair of the Mississippi Bar's Litigation Section, and a member of the American Law Institute. He has taught or written on antitrust law, federal courts, discovery, mediation, and tort reform.

Millsaps CollegeBA 1970Harvard UniversityMA 1971University of Michigan Law SchoolJ.D. 1974
ABA Section of Litigation ABA Standing Committee on Gun ViolenceABA Standing Committee on the Federal JudiciaryAmerican Law InstituteAmerican Bar Association

Case History

Choctaw Generation, Inc. (Suez) v. Toshiba International (N.D. Miss. 2004-2007)
Represented power plant operator in successful breach of warranty (defective design) suit against manufacturer of $20 million steam turbine generator.
CAM v. Crump Insurance Services, et al. (S.D. Miss. 2002-2004)
Represented national insurance broker on contract, fraud and other claims arising from use of pooled mortgage credit insurance.  Successful settlement before trial.
Attorney General Jim Hood, ex rel State of Mississippi v. Microsoft Corp. (Chancery Court of Hinds Co., Miss. 2004-2009)
Represented Microsoft in Attorney General’s antitrust and consumer protection suit alleging monopolization and overcharge for software.
Allyn v. Wortman (Circuit Court of Hinds Co., Miss. and MS Supreme Court 1996-1998)
Successfully defended broker-dealer of private placement for proposed casino operation. Won at trial court and appellate levels. First successful application in Mississippi of the bespeaks caution doctrine.
BellSouth Intellectual Property Corp. v. Expetel Communications, Inc. (S.D. MS 2002-03)
Represented local telephone carrier in defending injunction claims for trademark infringement by established carrier. Successfully settled after injunction hearings and further discovery.
Bios Agrosystems, S.A. v. D&PL Technology Corp. (U.S. D.C. Delaware 1999-2001)
Represented seed distributor in suit and preliminary injunction hearing for termination of distributorship in Greece; defeated claim for preliminary injunction and obtained order enjoining similar suits in Greece.
Entergy Mississippi, Inc. v. Zurich American Ins., et al., Circuit Court of Hinds Co., Mississippi, C.A. No. 251-00-835CIV
Represented energy company in claim and suit against engineering contractor’s carrier for reimbursement under “additional insured” coverage. Suit was successfully settled before trial (for full reimbursement of costs and fees incurred in defending wrongful death lawsuits), while cross-motions for summary judgment were pending.
Other Court Admissions
  • Supreme Court of the United States
  • United States Court of Appeals, 3rd Circuit
  • United States Court of Appeals, 5th Circuit
  • United States Court of Appeals, 7th Circuit
  • United States District Court, District of Delaware
  • Illinois Supreme Court
  • United States District Court, Northern District of Illinois
  • United States District Court, Northern District of Mississippi
  • United States District Court, Southern District of Mississippi

Evans v. Baker & McKenzie (Miss. Supreme Court, 2011-CA-00110-SCT, Oct. 17, 2013) — Handled and argued appeal for defendants of $103 million verdict for malpractice.   Reversed and remanded for new trial on damages and proximate cause.

Client Comments

"Excellent appellate lawyer; responsive and a pleasure to work with."

-Edward Zulkey
General Counsel Emeritus
Baker & McKenzie

"David is a very bright and thoughtful attorney who has a great deal of experience in the area of commercial litigation. He not only uses his knowledge of the law, but he takes a common-sense approach when advising and defending his clients. He has helped us take proactive measures against possible litigation and has led us through the use of arbitration as a way of dealing with potential disputes. He tries to learn as much about his clients as he can so that he can better understand the impact of his advice on their business. David is also a champion of tort reform, which gives his clients a sense that he truly is interested in seeing that the legal system is fair to all parties and not skewed to just one side."

"David is quite simply one of the most extraordinary people we have had the pleasure to work with. His knowledge, experience, dedication, hard work, and humility are beyond reproach. He is a true legal reform champion. He is tireless in is dedication and achieves not only the best result, but also the best result for our specific organization. His advice is unequivocally trusted. Everything he does surpasses all expectations. It is always an honor to work with David, and we would highly recommend him."

Office Location

One Jackson Place, Suite 400
188 East Capitol Street
Jackson, MS 39201
United States

Practice Areas

Commercial Litigation