In the News

Court Declines Review, Giving Complete Victory to Haynes and Boone Client ARGO Data Resource Corporation

In a complete victory for Haynes and Boone client ARGO Data Resource Corporation, the Texas Supreme Court declined Friday to review the Dallas Court of Appeals decision in Shagrithaya v. ARGO and Martin, in which the Dallas court held that ARGO and its CEO Max Martin had not oppressed or caused harm to ARGO's other shareholder who held a minority position.

The case follows a decision last week by the Texas Supreme Court in Ritchie v. Rupe in which the court refused to recognize a common law cause of action for shareholder oppression in Texas and adopted stricter standards to demonstrate oppression under the Texas Business Organizations Code. >>

David Harper in the Texas Lawbook: 10 Months In, New Trade Secret Law is ‘Important Development’

On Sept. 1 of last year, a new law went into effect that is expected to give Texas businesses a more predictable avenue for pursuing anybody who might have swiped their trade secrets. >>

Haynes and Boone Joins ACT to Shut Down West Dallas Drug House

Haynes and Boone, LLP, working with Dallas-based nonprofit organization Advocates for Community Transformation (ACT), has achieved an important victory for residents living on the same block as a dangerous drug house in West Dallas.

A state district court determined after trial that the drug house is a nuisance and ordered that it must be sold or demolished within one year. Until the drug house is sold or demolished, a receiver will oversee the property and ensure that it is closed and boarded, that no criminal activity occurs, and that the property complies with all City of Dallas ordinances. >>



Recent Publications

Texas Supreme Court Refuses to Recognize a Common Law Claim for Shareholder Oppression

In a significant decision affecting Texas corporate law, the Texas Supreme Court decided on June 20th there is no common law claim for shareholder oppression in Texas; the court also set the standards and remedies available for oppression claims brought pursuant to the rehabilitative receiver statute in the Texas Business Organizations Code. >>

Law360 Guest Article: Injunctive Relief Over Trade Secrets Now Easier in Texas

An employee leaves his job to work for a competitor. The former employer has no evidence that the employee has misappropriated its trade secrets, but the former employee cannot likely perform his new job duties without using his former employer’s trade secrets. Does the former employer have any remedies? Can the former employer prevent the employee from working for a competitor, even if the employee never signed a noncompetition agreement?
>>



David H. Harper

Partner

Dallas


2323 Victory Avenue
Suite 700
Dallas, Texas 75219
T +1 214.651.5247
F +1 214.200.0463

Areas of Practice

Education

  • J.D., Harvard Law School, 1991, cum laude; Senior Editor, Journal of Law and Public Policy
  • B.B.A., Economics and Finance, Baylor University, 1988, summa cum laude

Bar Admissions

  • Texas

Court Admissions

  • United States Supreme Court
  • Texas Supreme Court
  • U.S. Court of Appeals for the Fifth Circuit
  • U.S. Court of Appeals for the Tenth Circuit
  • U.S. District Court for the Northern District of Texas
  • U.S. District Court for the Eastern District of Texas
  • U.S. District Court for the Southern District of Texas
  • U.S. District Court for the Western District of Texas
David H. Harper

David Harper is a partner, trial lawyer and the co-chair of the firm's Litigation Department. As co-chair of the department, he has responsibility to oversee all of the firm's litigators, particularly the firm's IP litigators and commercial litigators throughout the country. His own practice focuses on intellectual property and related technology litigation, complex commercial litigation and media litigation.

Recently, he successfully defended clients in a multi-week trial and then on appeal against claims of copyright infringement regarding video distribution rights. Also, he tried and defeated on appeal claims of shareholder oppression seeking a large dividend from a privately held technology company. And, he recently defended the prominent founder of a major independent oil and gas company from claims in multiple lawsuits about buyout transactions of other investors. 

His experience is sought out by significant clients, but also by boards seeking David as a member, including Baylor University, where he has served for several years, including as the chair of multiple committees. He has also been recognized as a Best Lawyer in America (2014), Texas Super Lawyer (2003-2013) and peer-review rated as AV Preeminent by Martindale Hubbell® Law Directory.

Selected Client Representations

Intellectual Property

  • Successful defense at trial of claims of copyright infringement, breach of license agreement and misappropriation of name brought by nationally syndicated radio show host against stage play production company and DVD distributor.
  • Part of successful TSMC trial team winning claims of theft of semiconductor trade secrets as plaintiff against Chinese fab, SMIC.
  • Successfully trying claims of breach of copyright license and distribution agreement for creator of Barney® children's television series.
  • Leading a copyright enforcement campaign for major software company, including litigation.
  • Successful defense of multiple patent infringement lawsuits related to many technologies, including telecommunications and semiconductors.
  • Enforcing e-commerce trademarks against alleged cybersquatters (Carrot Bunch Co., Inc. v. Computer Friends, Inc., 218 F.Supp. 2d 820 (N.D. Tex. 2002)).
  • Defeating copyright claims about television reality series against a major sports league.
  • Securing summary judgment on claims that domain name registrar did not violate federal Anticybersquatting Consumer Protection Act of 1999 and Texas trademark anti-dilution statute (Lockheed Martin v. Network Solutions, Inc., 141 F. Supp. 2d 648 (N.D. Tex. 2001)).
  • Enforcing e-commerce forum selection clause in a case of first impression in Texas (Barnett v. Network Solutions, Inc., 38 S.W.3d 200, (Tex. App. - Eastland, pet. denied 2001)).
  • Securing injunctive relief against employees to prevent their use of stolen trade secrets.
  • Defense of major telecommunications company in false advertising disputes and trademark oppositions before TTAB.

Complex Business Disputes

  • Defense of claims of shareholder oppression and breach of fiduciary duty at trial and appeal brought against privately held software company.
  • Defending a trust against multi-million dollar claims of fraud, breach of fiduciary duty and conspiracy in a real estate transaction.
  • Successful defense and resolution of complex partnership dispute and business separation.

Software

  • Trying and defeating claims of software copyright infringement brought by former employee against major car rental company (Wood v. Cendant Corporation and Avis Holdings Group, Inc., 2006 WL 2045839 (N.D. Okla.).
  • Prosecuted and resolved software copyright infringement and breach of license agreement claims for software provider against Fortune 5 company.
  • Representing both software providers and customers in complex disputes over implementations of software.

Media, Libel and Invasion of Privacy

  • Obtained summary judgment for financial publisher over alleged violations of federal and state securities laws.
  • Multiple successful defenses of author of Stolen Valor in libel claims brought by individuals making false claims of military service and honors.
  • Regularly advise media companies on pre-publication review issues.

Selected Professional Business and Community Activities

  • Deacon, Park Cities Baptist Church, including service as Chairman of Deacons and President of Trustees
  • Board of Regents, Baylor University, including service as Chair, Academic and Student Affairs Committee
  • President, Harvard Law School Association of Texas
  • Co-Editor, Libel Defense Resource Center's Annual Survey of Privacy and Related Claims Against the Media
  • Trustee, Trinity Christian Academy

Honors and Awards

  • Named in Best Lawyers in America for Litigation - Intellectual Property, 2014-2015.
  • Named a Best Business Lawyer in Dallas for Business Litigation by D Magazine, 2009.
  • Named Texas Super Lawyer by Texas Monthly, 2003-2013.
  • Named in Best Lawyers Under 40 by D Magazine, 2002, 2004 and 2006.
  • Martindale Hubbell® Law Directory with a Peer Review Rating of AV® Preeminent™

Publications and Presentations

  • "Injunctive Relief Over Trade Secrets Now Easier in Texas," guest article co-author, Law360, February 20, 2014.
  • "Year-in-Review: Copyright and Trade Secret Law," AIPLA Annual Meeting, October 27, 2012.
  • "The 2008 Term of the United States Supreme Court: The Decisions Most Important to the Business Community," Article, 2009.
  • "False Press Release by Patent Infringement Defendants Nets District Court Sanctions," The IP Beacon, June 2009.
  • "A Different World: International Arbitration and the Risks of International Deals," Presenter, 2010.
  • "To Have Committed Inequitable Conduct or Not? That is the Question to be Answered," Article, 2010.
  • "Corporate Fiduciary Duties and Shareholder Oppression in Texas," presented at 9th Annual Advanced In-House Counsel Course in San Antonio, Texas, 2010.
  • "Copyright Law," presented to students at Dallas Theological Seminary, 2004-2011.
  • "Hidden Risks From Employee Software," Intellectual Property Today, September 2006.
  • "Copyright Law and Other Intellectual Property Issues," presented to graduate students at Dallas Baptist University, 2009.

Selected Representative Experience


GeoTag Inc. v. Gucci America, Inc., et al., Eastern District of Texas, 2010
Defended HRsmart and its customers against GeoTag in a major patent infringement case in the Eastern District of Texas involving job locater technology against hundreds of defendants and successfully negotiated a settlement after months of litigation.

Strange v. HRsmart, Inc., et al.
Obtained summary dismissal of claims against company by former employee alleging invasion of privacy related to company's use of employee's Facebook profile on litigation pleading. Obtained affirmance of dismissal before the Fifth District Court of Appeals.

Argo Data Res. Corp. v. Shagrithaya, 380 S.W.3d 249 (Tex. App.—Dallas Aug. 29, 2012, pet. denied)
Obtained reversal and rendition of take-nothing judgment in favor of corporate client on appeal of alleged shareholder oppression claim in which trial court had ordered that corporation be caused to issue an $85 million dividend.

Nelson v. D Magazine Partners, LP, 377 S.W.3d 824 (Tex. App.—Dallas 2012)
Obtained summary judgment on First Amendment and statutory defenses in lawsuit alleging libel libel per se, republication, defamation, tortious interference with employment, and intentional infliction of emotional distress against magazine publisher, author, and current and former police officers. Prevailed on appeal in the Fifth District Court of Appeals.

Indiana Charitable Trust v. Trevor Rees-Jones
Successfully represented oil and gas entrepreneur in federal court lawsuit alleging fraud-based claims based on redemption of LLC membership interests. Obtained dismissal of all claims on personal jurisdiction grounds.

Murphy v. Reynolds, 2011 WL 4502523 (Tex. App.-Fort Worth Sept. 29, 2011)
Represented the author of a financial newsletter who was found not liable under Texas Securities Act to a subscriber who claimed to have lost money in the market based on the author's advice.

Baisden v. I’m Ready Productions, Inc., 693 F.3d 491 (5th Cir. 2012), cert. denied, 568 U.S. _____ (U.S. March 18, 2013)(No. 12-803)
Complete defense victory, including declaratory judgment and substantial award of costs after nine-day federal court jury trial in lawsuit brought by nationally syndicated radio host and book author against production company, DVD distribution company, and national promoter. The Plaintiff had asserted claims for copyright infringement, unfair competition by misappropriation, breach of contract, civil conspiracy, and tortious interference with business relations. Prevailed on appeal before the Fifth Circuit Court of Appeals and responded to Petition for Writ of Certiorari to United States Supreme Court, obtaining denial of petition and final affirmance of verdict in favor of clients.

Arisma Group, LLC v. Marksmen, Inc., et al.
Obtained summary judgment on behalf of domain name investigations and acquisitions company in federal lawsuit alleging fraud and negligent misrepresentation in a domain name acquisition transaction and seeking $6 million in damages.

General Solutions, LP v. Speco Technologies
Represented plaintiff in copyright infringement lawsuit regarding DVR software.

First Amendment Litigation - Financial Publisher
Obtained summary judgment for financial publisher over alleged violations of federal and state securities laws to secure First Amendment right to provide general investment advice in investment newsletters. Reynolds v. Murphy, 188 S.W.3d 252, (Tex. App. - Fort Worth 2006, pet. denied).

ACPA Litigation
Have pursued multiple ACPA and related domain name and trademark infringement claims for Fortune 5 company against cybersquatters.

Software Implementation Litigation
Have represented both software providers and customers in complex disputes over implementations of software.

Tandy Leather Factory, Inc. v. W. Alboum Hat Co.
Represented designer of leather craft supplies in copyright infringement lawsuit regarding decorative buckles and conchos.

Partnership Litigation -- Energy
Pursuing claims against Russian partnership regarding ownership of Russian oil interests.

Successful Defense of Cendant and Avis in Copyright Case
Overcoming significant adverse rulings, Haynes and Boone lawyers won a copyright infringement lawsuit in which the plaintiff sought more than $90 million in damages from Cendant Corporation and Avis Holdings, stating that the Cendant and Avis had benefited from use of a software program he had created prior to beginning employment with the company. The court found that the plaintiff had actually created the program while working for the client, that no infringement took place and no damages would be awarded. (Wood v. Cendant Corporation and Avis Holdings Group, Inc., 2006 WL 2045839 (N.D. Okla.).

Reynolds v. Murphy, 188 S.W.3d 252 (Tex. App. - Fort Worth 2006, pet. denied)
Obtained the first appellate opinion in Texas protecting the First Amendment rights of a newsletter publisher and author to publish general investment advice.

Libel Defense Litigation
Have defended newspaper and magazine against multiple libel claims.

Wood v. Cendant Corp., Copy. L. Rep. (CCH) ¶29,252 (N.D. Okla. 2006)
Through dispositive motion practice and post-trial briefing, assisted in obtaining a take-nothing judgment in an $80 million copyright infringement suit; successfully defended the judgment on appeal.

Real Estate Boundary Litigation
Defeating claims for injunctive relief on boundary dispute for major retailer and successfully arbitrating real estate valuation issues.

Billy Davis vs. The National Football League (Northern District of Texas)
Defeated copyright claims about television reality series against a major sports league.

Book Publishing Litigation
Arbitrating claims for lost book sales for author against book publishing company.

Carrot Ink ACPA Litigation
Enforcing e-commerce trademarks against alleged cybersquatters (Carrot Bunch Co., Inc. v. Computer Friends, Inc., 218 F.Sup. 2d 820 (N.D. Tex. 2002)).

Network Solutions ACPA Litigation
Securing summary judgment on claims that domain name registrar did not violate federal Anti-cybersquatting Consumer Protection Act of 1999 and Texas trademark anti-dilution statute (Lockheed Martin v. Network Solutions, Inc., 141 F. Supp. 2d 648 (N.D. Tex. 2001)).

Network Solutions ACPA Litigation
Enforcing e-commerce forum selection clause in a case of first impression in Texas (Barnett v. Network Solutions, Inc., 38 S.W.3d 200, (Tex. App. - V Eastland, pet. denied 2001)).

Barnett v. Network Solutions, Inc., 38 S.W.3d 200 (Tex. App. - Eastland 2001, pet. denied)
Successfully defended an appellate challenge to a judgment enforcing venue provisions in an online "click-wrap" agreement.

Trade Secret Litigation
Securing injunctive relief against employees to prevent their use of stolen trade secrets.

Software Copyright Litigation
Securing judgment regarding copyright ownership of software and pursuing infringers.

Summary Judgment Defense Victory: Minka v. Aloha
Haynes and Boone defended a ceiling-fan manufacturer - Aloha - that had been accused of infringing utility patents, design patents, trademarks, and copyrights for ceiling fan design and packaging. After extensive discovery - including depositions throughout Asia and the United States - Haynes and Boone secured a complete summary judgment victory for its clients.

Semiconductor Trade Secret Litigation
Partnered with other law firms to represent a major international semiconductor-manufacturing company - Taiwan Semiconductor Manufacturing Company (“TSMC”) - in a trade-secret case pending in California state court against a Chinese fab, SMIC.

Shagitahya v. Martin and ARGO
Defense of claims of minority shareholder oppression and request for dividend from company to all shareholders.

Memberships

  • State Bar of Texas
  • American Bar Association
  • American Intellectual Property Law Association (AIPLA)
  • Dallas Bar Association (Past Co-Chair, Media Relations Committee)
  • Life Fellow, Texas Bar Foundation
  • W.M. "Mac" Taylor, Jr. American Inn of Court (Master, 2008-Present)

Online Publications

06/25/2014 - Texas Supreme Court Refuses to Recognize a Common Law Claim for Shareholder Oppression
In a significant decision affecting Texas corporate law, the Texas Supreme Court decided on June 20th there is no common law claim for shareholder oppression in Texas; the court also set the standards and remedies available for oppression claims brought pursuant to the rehabilitative receiver statute in the Texas Business Organizations Code.

02/20/2014 - Law360 Guest Article: Injunctive Relief Over Trade Secrets Now Easier in Texas
An employee leaves his job to work for a competitor. The former employer has no evidence that the employee has misappropriated its trade secrets, but the former employee cannot likely perform his new job duties without using his former employer’s trade secrets. Does the former employer have any remedies? Can the former employer prevent the employee from working for a competitor, even if the employee never signed a noncompetition agreement?


08/26/2013 - Media and Entertainment Practice Group

02/19/2013 - New Texas State Court Rules Become Effective March 1, 2013
For the first time, Texas rules permit a motion to dismiss. On February 12, the Texas Supreme Court released the final version of Texas Rule of Civil Procedure 91a, which (1) establishes procedures for dismissal of civil claims, and (2) provides for the mandatory award of attorneys’ fees to the prevailing party.

10/12/2012 - The IP Beacon, October 2012
A Haynes and Boone Newsletter highlighting current issues in Intellectual Property Law.

10/03/2012 - Eastern District of Texas Issues New Model Order Regarding E-Discovery in Patent Cases
At the Eastern District of Texas Judicial Conference on September 27, 2011, Federal Circuit Chief Judge Randall Rader unveiled a new Model Order Regarding E-Discovery in Patent Cases during his remarks.

06/13/2011 - The Status Quo Wins: Clear and Convincing Proof is Still Required to Invalidate Patent Claims
The Supreme Court ruled last week in Microsoft Corporation v. i4i Limited Partnership that “clear and convincing evidence” is still the standard of proof required to invalidate a patent.

10/01/2010 - The IP Beacon, October 2010

05/13/2010 - To Have Committed Inequitable Conduct or Not? That is the Question - to be Answered
The U.S. Court of Appeals for the Federal Circuit, which hears all U.S. patent infringement appeals, issued an order on April 26, 2010 requesting briefs from the parties in Therasense, Inc. v. Becton, Dickinson, and Co. (appeal no. 2008-1511) to consider en banc the standards by which courts should find “inequitable conduct.”

07/20/2009 - The 2008 Term of the United States Supreme Court: The Decisions Most Important to the Business Community
The United States Supreme Court recently issued several significant decisions affecting businesses and the nature of business litigation in federal court. The most important of these decisions are summarized in this alert.

06/12/2009 - The IP Beacon, June 2009
"The IP Beacon" is a Haynes and Boone Newsletter highlighting current issues in Intellectual Property Law.

05/12/2009 - False Press Release by Patent Infringement Defendants Nets District Court Sanctions
The United States District Court for the Eastern District of Virginia recently issued significant sanctions against three defendants to a patent infringement suit. The case, American Science and Engineering, Inc. v. Autoclear, LLC, No. 2:07-CV-415 (E.D. Va. 2007), was filed on September 13, 2007 and involves claims that the Defendants, Autoclear, LLC, Control Screening, LLC, and Scan-Tech Security, L.P. (apparently related companies) infringed certain patents owned by Plaintiff American Science and Engineering, Inc. (“AS&E”).

04/01/2009 - Building an Environmentally Responsible Office Building
Inside the recently completed Haynes and Boone mid-rise Victory Park headquarters, employees have heard so much about the environmentally sustainable features of their new space that some joke the "G" elevator button no longer stands for "Ground," but "Green."

03/31/2009 - U.S. Supreme Court Rejects Pre-Emption Defense in Drug-Labeling Case
Earlier this month, in a closely watched pre-emption case, the U.S. Supreme Court issued a ruling that could have a significant impact on both highly-regulated industries and, by extension, state tort litigation. In Wyeth v. Levine, the Court held that an FDA-approved label warning about the potential side-effects of a drug did not pre-empt a state-law tort claim challenging the adequacy of the drug maker’s label.

06/1/2001 - Copyright Basics