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Texas Super Lawyer Rising Star Features 34 Haynes and Boone Lawyers

DALLAS – Thirty-four Haynes and Boone, LLP lawyers have been recognized in the Texas Super Lawyer 2013 Rising Stars edition, a special publication recognizing the top up-and-coming lawyers in the state. >>



Katharine D. David

Associate

Houston


1221 McKinney Street
Suite 2100
Houston, Texas 77010
T +1 713.547.2069
F +1 713.236.5491

Areas of Practice

Education

  • J.D., University of Texas at Austin School of Law, 2004, with honors
  • B.B.A., University of Texas at Austin, 2000

Bar Admissions

  • Texas, 2004

Court Admissions

  • U.S. Court of Appeals for the Fifth Circuit
  • U.S. District Court for the Southern District of Texas
  • U.S. District Court for the Western District of Texas

Judicial Clerkships

The Honorable Lee H. Rosenthal, United States District Judge for the Southern District of Texas, 2010
Katharine D. David

Kate David focuses her practice on analyzing and advocating her clients' legal and policy positions. Kate excels at collaborating with clients and trial counsel to develop strategies for success both in and outside of the courtroom. Kate's experience ranges from providing analysis and briefing in trial and appellate matters to performing high level, multi-state statutory analysis of issues and policies affecting her clients.

Recently, Kate has assisted in public law litigation at the trial and appellate levels. Specifically, she has advised and represented cities, counties, and elected officials in condemnation, election law, and constitutional tort matters. She also has extensive experience with pleas to the jurisdiction and with briefing jurisdictional issues at both the trial and appellate levels.

Kate also represents clients in complex family law disputes. Her experience with family law appeals began with a matter involving mandamus proceedings in the Supreme Court of Texas. Soon after, she was tapped to author the briefs and present oral argument in an appeal involving a prenuptial agreement. She won a reversal from the court of appeals.

Those representations and others led to Kate's involvement in one of the most closely watched legal battles in recent Texas history. In May of 2008, Kate was invited to join a team of lawyers representing a family whose three children had been taken by the State of Texas during a raid on the Yearning For Zion Ranch near Eldorado, Texas. Kate advised the trial team and drafted motions that resulted in the children being reunited with their family on an expedited basis - more than a week before 400 other children were reunited with their families. Ms. David’s team successfully defended the parents' custodial rights in trial and appellate proceedings in federal district court, two Texas trial courts, two Texas courts of appeals, and ultimately the Supreme Court of Texas.

In addition to taking a special interest in public policy and family law appeals, Kate maintains a well-balanced practice in state and federal trial and appellate courts. As part of her practice, Ms. David:

  • Authors briefs in appeals involving contract, bankruptcy, custody, spousal support, oil and gas, jurisdiction, and damages issues;

  • Represents clients seeking or resisting mandamus relief, particularly in cases that present jurisdictional issues;

  • Advises clients about jurisdictional issues and briefs these issues at both the trial and appellate level; and

  • Collaborates with trial teams by drafting key motions, such as motions for summary judgment, and preparing the jury charge.

Professional Recognition

  • Commissioned by Governor Perry as a Yellow Rose of Texas (2010) 
  • Selected for inclusion in Texas Super Lawyers – Rising Stars Edition (2009-2010, 2012-2013) 
  • Author, "Texas Supreme Court Update," The Appellate Advocate, State Bar of Texas Appellate Section Report, Fall 2011, Vol. 24, No. 1.
  • Co-Author, "Slip Slidin' Away: Easements, Avulsion, Access, and the Ever Changing Law of Beachfront Property," At the Cutting Edge 2011: Land Use Law from The Urban Lawyer, American Bar Association (October 2011)
  • Moderator, Appellate Boot Camp Course, State Bar of Texas (2006) 
  • Co-Author, Summary Judgments in Family Law Cases, 69 Tex. B.J. 444 (May 2006) 
  • Speaker, Appellate Case Update, Houston Bar Association Appellate Practice Section (2005)

Professional Leadership

  • Fellow, Houston Bar Foundation 
  • Program Chair, Houston Bar Association Legal Lines Program Chair (2007-2010) 
  • Member, United Way of Greater Houston Young Leader Council (2010)

Selected Representative Experience


Texas Rice Land Partners, Ltd. v. Denbury Green Pipeline-Texas, LLC, 363 S.W.3d 192 (Tex. 2012)
Represented carbon dioxide pipeline in the Texas Supreme Court in eminent domain case that drew state and national attention for its pronouncements on the requirements for a pipeline to become a common carrier.

United States of America v. Hoeffner, No. 4:07-cr-00263 (S.D.-Houston Div. 2010)
Following a 15-count indictment charging him with conspiracy, mail fraud, wire fraud and money laundering, we represented a prominent lawyer, who had recovered millions of dollars for his clients in toxic tort lawsuits. The indictment alleged payment of bribes and kickbacks to two employees of an insurance company in connection with the settlements of these lawsuits. After a 6-week trial, the judge declared a mistrial when the jury was unable to reach a unanimous verdict. The case involved thousands of documents, more than 30 witnesses, and numerous complex motions.

In re David Buren Wilson, No. 14-10-00045-CV, (Tex. App. -Houston[14th Dist.] Jan. 20, 2010) (orig. proceeding) (mem. op.)
Before the trial court and in a mandamus proceeding involving a dispute over the construction of the Texas Election Code, successfully defeated a potential opponent's attempt to have his name placed on the primary ballot.

In re Dorman, No. 14-10-00024-CV, (Tex. App.—Houston [14th Dist.] Jan. 12, 2010], orig. proceeding)(mem. op.)
In a mandamus proceeding involving a dispute over the construction of the Texas Election Code, successfully defended the trial court’s removal from the ballot of a candidate for Harris County District Clerk.

Whirlpool v. Camacho, 298 S.W.3d 631 (Tex. 2009)
Obtained reversal from the Texas Supreme Court of a $14 million products liability judgment arising out of a fire because the plaintiffs’ expert’s causation testimony was scientifically unreliable. The Court held that both Texas tests for reliability – the “analytical gap” test and the Robinson-factor test – typically should be used in evaluating expert testimony, and that an expert must offer a convincing explanation for failing to test critical aspects of his theories when such testing is possible.

Tiger Truck, LLC v. Bruce's Pulp & Paper, LLC, 282 S.W.3d 176 (Tex. App.-Beaumont 2009, no pet.)
In an appeal following a bench trial, served on team that obtained a reversal and rendition for a truck manufacturer in a case involving the termination of a real estate option contract.

In re Z.G.J., No. 04-08-00410-CV, 2008 WL 4500262 (Tex. App.-San Antonio October 8, 2008, no pet.) (mem. op.)
On behalf of parents seeking custody of their children, successfully defended a trial court’s subject matter jurisdiction over a habeas corpus action to determine whether restrictions placed on parents by another Texas trial court violated the family’s fundamental rights and due process protections under the Texas and United States constitutions.

In re Department of Family and Protective Services, No. 04-08-00499-CV, 2008 WL 4344946 (Tex. App.-San Antonio Sept. 25, 2008, orig. proceeding) (mem. op.)
In a mandamus action, successfully defended a trial court’s refusal to dismiss a habeas corpus action brought by a family to challenge whether restrictions placed on parents by another Texas trial court violated the family’s fundamental rights and due process protections under the Texas and United States constitutions.

Heritage Trails Assoc. et al. v. Trinity Indus., Inc., 745 N.W.2d 724 (Iowa 2008)
In a case of first impression, persuaded the Iowa Supreme Court unanimously to hold that a $2.5 million contribution claim was barred under that state's statute of repose for products manufacturers.

Williams v. Williams, 246 S.W.3d 207 (Tex. App. - Houston [14th Dist.] 2007, no pet.)
Successfully appealed a judgment dividing a marital estate by persuading the court of appeals that the trial court misinterpreted the parties’ premarital agreement.

Broesche v. Jacobson, 218 S.W.3d 267 (Tex. App. - Houston [14th Dist.] 2007, pet. denied)
Successfully defended on appeal a summary judgment, sanctions order, and fee award for an interpleading party in a dispute over the interpretation of a divorce decree.

In re SCS, No. 06-0129 (Tex.); In re Marriage of DIS and SCS, No 2005-45073 (310th Dist. Ct., Harris County)
In a divorce case involving simultaneous proceedings in Texas and California, defended against a mandamus petition in the Texas Supreme Court challenging a choice of forum under the Uniform Interstate Family Support Act, and provided pre-trial analysis and briefing on legal issues and strategies in both the Texas and California trial courts, resulting in a favorable settlement shortly before trial.

Tribble & Stephens Co. v. RGM Constructors, LP, 154 S.W.3d 639 (Tex. App. - Houston [14th Dist.] 2004, pet. denied)
Obtained reversal of a summary judgment in dispute over interpretation of a construction contract.

Disaster Management and Response
Advised state and local officials regarding disaster response and management issues.

Memberships

  • Houston Bar Association
  • Houston Young Lawyers' Association
  • United Way of Texas Gulf Coast's Young Leaders
  • Young Texans Against Cancer

Online Publications

11/30/2011 - Texas Supreme Court Update
As seen in The Appellate Advocate, State Bar of Texas Appellate Section Report, Fall 2011, Vol. 24, No. 1.

10/01/2011 - Slip Slidin' Away: Easements, Avulsion, Access, and the Ever Changing Law of Beachfront Property
As seen in At the Cutting Edge 2011: Land Use Law from The Urban Lawyer, American Bar Association © October 2011.

09/01/2011 - New Requirements Under Texas Eminent Domain Laws
The 2011 Texas Legislature adopted broad changes to eminent domain laws that take effect on September 1, 2011. Under the new law, public and private entities that hold condemnation power face important new requirements and deadlines.

03/03/2011 - Nothing Personal: Supreme Court Denies Corporate Privacy Exception Under FOIA
Corporate documents provided to the government as part of an investigation of the company are not excepted from disclosure for “personal privacy” purposes under the Freedom of Information Act (FOIA). In Federal Communications Comm. v. AT&T Inc., the Supreme Court held AT&T did not have a personal privacy interest in documents the company provided to the FCC during an investigation.

01/10/2011 - Employer Has Standing Under PIA to Seek Mandamus Relief When Information Requested by Employee is Not Released
Under the Texas Public Information Act, a “requestor” may file suit for a writ of mandamus compelling the release of public information. In The City of Dallas v. The Dallas Morning News, the Dallas Court of Appeals held that an employer has standing to file such a suit when its employee made the initial request.

06/17/2010 - New Barriers to Campaign Spending? Schumer-Van Hollen Campaign Finance Bill
A new campaign finance bill sponsored by Senator Chuck Schumer and Representative Chris Van Hollen would impose new spending restrictions and disclosure requirements.

05/17/2010 - Texas Ethics Commission Reacts to Citizens United
The Texas Ethics Commission (TEC) recently adopted an advisory opinion that gives all corporations and unions some degree of certainty if they choose to make direct campaign expenditures, the Texas equivalent of the “independent expenditures” the U.S. Supreme Court addressed in Citizens United v. Federal Election Commission.

05/07/2010 - Preparing for Appeal
This paper describes steps to be taken when preparing for an appeal.

02/09/2010 - Citizens United v. Federal Election Commission
On January 21, the U.S. Supreme Court struck down the restrictions on corporate expenditures encompassed in the Bi-Partisan Campaign Reform Act of 2002 (commonly known as the McCain-Feingold Act).

11/02/2009 - Texas Supreme Court Update
As seen in The Appellate Advocate, State Bar of Texas Appellate Section Report, Fall 2009, Vol. 22, No. 1.

09/01/2009 - Supreme Court Update: Decisions from 2009
In Business Law Today, Haynes and Boone lawyers Kendyl Hanks, Kate David and Stacy Nathanson provide an update on 2009 decisions in the Supreme Court. American Bar Association, Business Law Today, Vol. 19, No. 1, September/October 2009.

09/01/2009 - Juicy Enough For Grisham, But Does It Have Any Bite? Caperton v. A.T. Massey Coal Co. and the Impact for Texas Courts
“A guy owned a coal company. He got tired of being sued. He elected his guy to the Supreme Court. It switched ... back his way. Now he doesn't worry about getting sued.” Reprinted by permission from The Houston Lawyer, September/October 2009

07/16/2009 - Trends in the United States Supreme Court
Presentation to the State Bar of Texas 21st Annual Suing and Defending Governmental Entities Course, July 16-17, 2009.

05/01/2006 - Summary Judgments in Family Law Cases
Although most family law cases are fact driven, summary judgment can be an effective way to partially or fully resolve some family law matters. This article offers guidance on when to move for summary judgment in a family law case. Texas Bar Journal, Vol. 69, No. 5, May 2006.