David is a partner in Porter Wright’s Litigation department. He has represented clients in various state and federal courts in Ohio and elsewhere in a wide variety of cases, with an emphasis on complex commercial business competition and intellectual property disputes. David has also represented policyholders and insurers in insurance coverage disputes. He also has handled various litigation matters in probate court and various health care subrogation and reimbursement claims. Additionally, David has served as Special Counsel to the Attorney General for Ohio in various matters involving claims arising under the U.S. Constitution.
David has successfully tried cases in various federal and state courts as lead counsel. In addition, David has successfully argued cases before the United States Court of Appeals for the Second and Sixth Circuit and before various appellate courts in Ohio.
David is the Immediate Past President of the Columbus Bar Association, having served as that organization's 123rd President from June 2011 to June 2012. In 2008, David was appointed — and in 2010, he was reappointed — to the Supreme Court of Ohio Commission on Technology and the Courts following his nomination to the Commission by the President of the Ohio Metropolitan Bar Association Consortium. David formerly managed Porter Wright’s internal Litigation Department blog and wiki, and he blogs for the Columbus Bar Association at http://www.cbalaw.org/blog/. He has an AV rating from Martindale-Hubbell.
Before joining Porter Wright in 1999, David clerked for the late Honorable Joseph P. Kinneary, Senior United States District Judge, Southern District of Ohio from June 1997-May 1999. He also clerked for the Court of Claims of Ohio from June 1995-April 1996.
Business Competition, Insurance and Contract Disputes
- Representing a public company in various health care contract disputes
- Represented as lead counsel minority shareholders in dispute over control of close corporation
- Represented a public company as lead counsel in federal court trial involving UCC sales warranty claim, which resulted in the federal appellate court affirming the trial court's judgment
- Represented as lead counsel a retailer in premises liability claim, which resulted in the appellate court upholding summary judgment in favor of the retailer
- Represented as lead counsel captive insurers and policyholders in insurance coverage litigation, including arguments with successful outcomes before the U.S. Sixth Circuit Court of Appeals and Ohio appellate courts
- Represented public companies in various employee intentional tort and product liability claims
Intellectual Property and Technology Disputes
- Represented in federal court a public company accused of copyright infringement
- Represented in federal court a public company alleged to have violated another company’s trademark
- Represented in federal court a public company prosecuting trade dress claims
- Represented in federal court a public company prosecuting trademark, trade dress and trade secrets dispute involving injunctive-relief hearing
- Represented as lead counsel a public company in contract dispute in federal court involving intellectual property rights and allegations of misrepresentation of trade secrets
- Represented as lead counsel a public company in trade secrets dispute in Ohio court resulting in injunction and judgment against former employee
- Represented in federal court a global company in financial services industry in copyright injunction matter
- Represented a public company in trade secrets dispute in federal court involving former employees who left to work for competitor
- Represented as lead counsel a public company in trademark royalty contract dispute, which involved successful prosecution of claim before Ohio trial court and subsequent collection of judgment
Oil and Gas Litigation
- Representing individuals in dispute over oil and gas lease agreement
- Represented a financial institution trustee in matter involving dispute over oil and gas business
Heath Care Litigation
- Representing a public company in various health care contract disputes, including cases involving alleged breach of distribution agreement, alleged breach of confidentiality and non-competition agreements and member certification agreements.
- Representing a public company in various health care subrogation matters
- Representing hospital system in business litigation matters
- Represented a state institution's peer review committee in administrative peer review proceeding
- Represented as lead counsel a financial institution trustee in matter involving allegations of breach of fiduciary duty
- Represented as lead counsel a financial institutional trustee in will contest and trust dispute involving allegations of undue influence and incompetency
- Represented as lead counsel a financial institutional trustee in successful defense of trust
- Represented as lead counsel a charitable organization in probate litigation involving allegations of undue influence and competency
- Represented a financial institutional trustee and beneficiaries in will contest