David routinely appears in federal and state courts as well as in arbitrations. Notable trial and arbitrations include a bet-the-company private equity arbitration in New York, an energy patent infringement jury trial involving transformational industry technology, an arbitration seeking forfeiture and damages in Oklahoma, and a trial against an institutional investor’s partner for breach of contract and defense of dozens of counterclaims in state court in Houston. More recently, David led his client through a five-year dispute starting in Texas state court before proceeding with a remote arbitration. David has argued appeals before state appellate courts in Texas and New York and the United States Court of Appeals for the Fifth Circuit.

David frequently speaks on litigation matters and has presented on topics including the CPA witness in the COVID-10 era, reasonable certainty and the AICPA practice aid, staff counsel, lawsuit economics, electronic discovery, and best practices for minimizing litigation risk.

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• Represented an industrial equipment manufacturer in the prosecution of trade secret claims in federal court*
• Represented a real estate investment fund and investment manager in JAMS arbitration, resulting in a complete defense award (including attorney’s fees) being granted*
• Defended a real estate investment fund and investment manager against disputes with departing fiduciaries and disputes with development partners*
• Defended an international pharmaceutical company against product liability claims involving thousands of plaintiffs in multiple state courts and federal MDL*
• Defended an international semiconductor company against breach of license claims and prosecution of counterclaims to terminate license*
• Represented an institutional investor in defense of usurpation of corporate opportunities and related claims at trial and securing antisuit injunction to prevent further litigation*
• Represented a mining company in defense of derivative liability claims in bankruptcy based on subsidiaries’ asbestos-related litigation liability and prosecution of related estimation proceedings*
• Represented a national law firm in defense of conspiracy and breach of fiduciary duty claims*
• Represented a thermal insulation manufacturer against toxic tort claims throughout Texas*
• Obtained summary judgment on toxic-mold claims on behalf of an apartment complex owner*
• Represented a national car dealership company in prosecution of breach of fiduciary duty/usurpation of corporate opportunities claims and defense and settlement of Texas class action claim*
• Represented a national insurance company in defense of unauthorized practice of law claims*
• Represented an international telecommunications company in prosecution and defense of claims relating to the sale of government contract business and successful defense of first attempts to bring company into asbestos litigation*
• Represented an international beverage company in prosecution of antitrust and tortious interference claims*
• Represented an oil and gas company in defense of royalty claims and prosecution of related indemnity claims against gas purchaser*

*Matter handled prior to joining the firm.

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• Represented the Special Committee of the Board of Directors of SunPower Corporation, a NASDAQ-listed leading distributed generation storage and energy services provider in North America, in the sale of its commercial & industrial solutions business*
• Represented The ODP Corporation, a NASDAQ-listed leading provider of business services, products, and digital workplace technology solutions through an integrated B2B distribution platform, in the sale of its CompuCom Systems subsidiary*
• Represented Blackstone in its $1.2 billion acquisition of Simply Self Storage, one of the top five private owners of self-storage*
• Represented Blackstone and Blue Yonder, a leading end-to-end supply chain software provider, in the secondary sale of shares of Blue Yonder to Panasonic Corporation*
• Represented Blackstone in its minority investment in GI Partners, a leading private alternatives investment firm*
• Represented an American global investment company in its $500 million preferred stock investment in Box, Inc., a leading cloud content management platform*
• Represented an American global investment company in it’s $1.25 billion investment with other investors in Epic Games, a leading interactive entertainment company and provider of 3D engine technology*
• Represented BC Partners in its acquisition of NAVEX Global, a leading global provider of governance, risk management and compliance software*
• Represented APAX Partners and Authority Brands, a premier home service franchisor in North America, in Authority Brand’s acquisition of Monster Tree Service, a leading tree care company in the US*
• Represented Applied-Cleveland, a leading provider of inspection and integrity management services for energy infrastructure assets in North America, in its acquisition of the inspection business of STS Consulting Services, LLC*

*Matter handled prior to joining the firm.

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Richard also has extensive appellate experience. He began his career as an appellate specialist and previously served as the firmwide chair of the appellate practice at another large international firm. He has presented oral argument in more than two dozen cases before federal and state appellate courts across the United States.

Richard devotes substantial time to pro bono service, maintaining an active practice in two areas of focus: protecting religious freedom for all, and protecting the rights of children and adults with intellectual and other disabilities. He has also served as an adjunct professor at several law schools, including BYU Law School, SMU, and the UNT-Dallas College of Law, teaching courses on trial advocacy, trade secrets, and the First Amendment.

Following law school, Richard served as a law clerk to the Honorable Fortunato P. Benavides on the US Court of Appeals for the Fifth Circuit.

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• Texas Lawyer, Diversity and Inclusion Champion, 2019
• Texas Monthly, Texas Rising Star, 2011-2018
• Texas Lawyer, Lawyer on the Rise, 2016

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Kathryn works directly with legal and business stakeholders to advise clients on product and feature development, with a focus on privacy by design. Kathryn is solutions-oriented and skilled in providing practical, business-facing advice, taking into account the particulars of each client’s industry and risk tolerance.

Kathryn represents clients on the full spectrum of privacy, cybersecurity and information management issues in the context of governance and compliance, business strategy, transactions, mergers and acquisitions, incident preparedness and response, and legislative and regulatory strategy.

Prior to joining the firm, Kathryn was an in-house senior privacy counsel at an American multinational technology company that specializes in consumer electronics, software and online services. In this role she managed a team that covered Artificial Intelligence/Machine Learning and software engineering.

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He primarily acts for clients in the banking, finance, private equity, private capital, advertising, and media industries but has experience in a wide range of sectors, including energy, telecoms, insurance, sports, and live events.

Jack is a recommended lawyer for Dispute Resolution (Commercial Litigation) by The Legal 500, where he is described as being “a standout performer”, “an excellent all-round lawyer” and an “outstanding litigation partner” with “impeccable judgment that is essential for top litigators and a real ability to connect with clients”, as well as being “meticulous in his approach” and providing “extremely clear and comprehensible advice on highly-complex litigation”.

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• Acted for a Greek international financial institution in defending a c. €33 million claim brought against it in the Commercial Court concerning alleged breaches of warranties contained in a loan portfolio purchase agreement*
• Acted for the claimant, a US investment firm, in a HKIAC arbitration concerning the enforcement of a put option in a joint venture agreement worth c. US$ 200 million*
• Acted for a multi-national entertainment and live events company in civil claims and other contentious matters arising out of a large-scale data breach of its systems, including defending a multi-million pound group action in the High Court brought by individuals seeking damages for alleged loss of data*
• Acted for a European telecommunications provider in a multi-million pound claim concerning allegations of IP infringement brought against it in the High Court*
• Acted for the claimant, a consumer lender, in successfully obtaining a freezing injunction and judgment in relation to claims against one of its former directors for misappropriation of company funds and failure to pay for allotted shares*
• Acting for the defendant, a global supplier and operator of offshore floating platforms, in High Court and Court of Appeal proceedings in Ghana relating to claims for injunctive relief and damages for inducement of breach of contract, conspiracy, and tortious interference with contractual and business relations*
• Advised a leading clothing retailer on various contentious matters arising out of its Company Voluntary Arrangement, including Part 8 proceedings brought by a creditor challenging the CVA on the basis of unfair prejudice under section 6 of the Insolvency Act 1986*

Investigations

• Acted for a number of international financial institutions in Europe and the Middle East in relation to multi-agency inquiries, including conducting internal investigations into alleged breaches of OFAC sanctions and reporting to OFAC and the DOJ*
• Advised a global pharmaceutical company in an internal anticorruption investigation concerning its operations in Africa*
• Acted for a Brazilian aerospace conglomerate in relation to the implementation of an enhanced compliance program required as part of a deferred prosecution agreement entered into with the DOJ in relation to FCPA violations*

*Matter handled prior to joining the firm.

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• Advised Great Plains Energy in its proposed cash-stock acquisition of, and its revised stock-for-stock merger of equals transaction with, Westar Energy, that created Evergy, a company with a combined equity value of $14 billion.*
• Advised Caisse de dépôt et placement du Québec in its investment of up to approximately $593 million in AES US Investments, Inc. and IPALCO Enterprises, Inc., subsidiaries of The AES Corporation and parent companies of Indianapolis Power & Light Company, for an aggregate direct and indirect interest in IPALCO of up to 30%.*
• Advised Duke Energy Corporation in the $2.8 billion sale of its Midwest merchant generation business to a subsidiary of Dynegy Inc., which included ownership interests in 11 power plants with a total capacity of approximately 6,100 MW, as well as Duke’s competitive retail electric and gas business.*

*Matter handled prior to joining McDermott.

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• Euromoney Institutional Investor PLC IFLR1000 Financial & Corporate Guide, 2018-2019

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Margaret’s extensive experience includes advising clients in evaluating patent portfolio positions; analyzing freedom-to-operate issues; identifying and evaluating targets for potential investment, mergers, or acquisitions; Hatch-Waxman patent litigation; patent term extensions and adjustments; and patent office proceedings.

She is highly skilled in a variety of transactions such as inbound and outbound licensing and option agreements, development and collaboration agreements, clinical research agreement, clinical and commercial supply agreements, manufacturing agreements, sponsored research agreements, technology transfers, and royalty monetization transactions.

Margaret also has a significant research background, focused on molecular genetics, recombinant DNA and stem cell research, including making mouse knock-out models to better understand the function of genes in an organism.

During law school, Margaret was editor-in-chief of the Texas Intellectual Property Law Journal.

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• Represented pharmaceutical company in its $130 million acquisition, through an unsolicited offer, of a developer of products for the treatment of a central nervous system disorder*
• Represented pharmaceutical company in a world-wide, exclusive license, development and collaboration agreement for the development of an early-stage drug product to treat pain for an up-front payment of $41 million, along with additional milestone payments and tiered royalties*
• Represented pharmaceutical company in an exclusive license and supply agreement in the US of an FDA-approved drug product to treat mental disorders for an up-front payment of $40 million, along with additional milestone payments and tiered royalties*
• Represented pharmaceutical company in its acquisition of a privately held pharmaceutical and drug delivery company focused on inhalation technologies and early-stage products for lung diseases and infections, for a $40 million payment, along with additional milestone payments and tiered royalties*
• Represented specialty pharmaceutical company in out-licensing US rights to a post-505(b)(2) filing combination product for the secondary prevention of cardiovascular disease for an up-front payment of $15 million, along with additional milestone payments and tiered royalties*
• Represented biotechnology company in out-licensing ex-US rights to a drug product in Phase 2 clinical trials, as well as in numerous clinical and commercial pharmaceutical product supply agreements and clinical trial agreements, for the drug product*
• Represented biotechnology company in a joint venture to leverage intellectual property platforms from two companies to develop fusion protein biologics to treat cancer and other human therapeutic indications*
• Represented investment firm in IP due diligence and associated IP licensing and assignment agreements for a $345 million joint venture investment to explore and promote a new technology to produce biofuels*

Intellectual Property Counseling

• Represented international investment management company on a royalty purchase agreement for sales of FDA-approved drug in the US, which involved managing the interests of multiple parties, including negotiating and drafting ancillary agreements with interested parties*
• Represented a biotechnology company in the development of its licensing strategy for its proprietary pharmaceutical formulation platform technology, and on-going negotiations of transactions with pharmaceutical companies related to such platform technology*
• Represented a biotechnology company in transactions related to the development of the company’s plant-based vaccine expression technology*
• Development of clinical trial agreements for a biotechnology company dedicated to the development, manufacturing and commercialization of drugs, immunotherapies, tools and diagnostics primarily in the area of cancer*
• Development of transactional agreements for a biotechnology company dedicated to the long-term development of sustainable alternatives for the food, pharmaceuticals and supplement markets*

Patent Litigation

• (E.D. Tex.) — Represented a pharmaceutical company as a team member in a patent litigation relating to a biologic pharmaceutical product*
• Represented a biotechnology diagnostic company as a team member in a patent litigation and prevailed on summary judgment of non-infringement for proprietary system of stem cell production and sorting*
• (M.D. Tenn.) — Represented a pharmaceutical company as a team member in litigation involving breach of joint development agreement and dispute over patent rights for technology developed as part of the joint development*

Patent Post-Grant Proceedings

• Represented pharmaceutical company in an inter partes review trial before the PTAB regarding a patent covering the company’s marketed drug product; validity of the patent was upheld*
• Represented a research tools company in four inter partes reexaminations related to high-throughput sequencing that resulted in rejections of all challenged patent claims through Actions Closing Prosecution in less than 12 months from filing of initial requests*

Arbitration

• Represented biotechnology company in a dispute with its licensee regarding alleged breach of contract and associated damages to the licensed patent estate; arbitrators awarded damages to biotechnology company*
• Represented a biotechnology research tools company as a team member in an arbitration regarding the client’s cell-based product and prevailed when the US Patent and Trademark Office found that the patent had expired many years earlier*

*Matter handled prior to joining the firm.

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• Best Lawyers in America, Lawyer of the Year in Austin: Biotechnology and Life Sciences Practice, 2020, 2025 and 2027
• Managing Intellectual Property, IP Stars, 2014-2017; Patent and Trademark Star, 2024-2026
• Managing Intellectual Property, Top 250 Women in IP, 2014-2017
• Thomson Reuters, Texas Super Lawyer, 2016-2018
• BTI Client Service All-Star, 2015

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