David Dodds

Practices

Education and Clerkships

J.D., St. Mary's University, 1994, summa cum laude

B.A., Sam Houston State University, 1991, magna cum laude

  • The Honorable D. Camille Hutson-Dunn, First Court of Appeals, Houston, 1994-95
  • The Honorable Michol O'Connor, First Court of Appeals, Houston 1995-96

Bar Admissions

Texas

Court Admissions

U.S. District Court for the Northern District of Texas

U.S. District Court for the Southern District of Texas

U.S. District Court for the Eastern District of Texas

U.S. District Court for the Western District of Texas

U.S. Court of Appeals for the Fifth Circuit

Profile

David Dodds has more than 15 years experience representing corporations and their directors and officers in a wide range of complex commercial lawsuits, including many securities and shareholder suits, class and derivative actions and fiduciary disputes.

David frequently serves as an essential member of the firm’s litigation team in high-stakes, high-profile business cases, such as in the defense of several large-scale securities class actions brought against public companies in varying industry sectors.  David has also served on the litigation team of cutting-edge cases such as the first case involving a triggered poison pill in 2009, and a class action seeking to reform structural deficiencies in the Texas foster care system.  In addition, he has counseled clients on issues related to securities and shareholder litigation and the proactive mitigation of securities litigation risk.

Aside from his work on behalf of clients of the firm, David has served as a leader in both professional and civic organizations.  He is a past chair of the Securities Section of the Dallas Bar Association and a past sub-committee co-chair of the American Bar Association Business Torts Litigation Committee. He is also a member of the Texas Bar Foundation.  In addition, David has served as a Trustee of the Dallas Wind Symphony, and he is an alumnus of the Leadership Arts Institute of the Business Council for the Arts.

David has written and spoken on topics related to securities and shareholder litigation, class actions and evidentiary privileges.  He has co-authored articles appearing in a wide array of well-known publications including Law 360, Securities Regulation Law Journal, Bloomberg Law Reports, and Class Action Reports.

Before joining Haynes and Boone, David served as a briefing attorney at the First Court of Appeals in Houston.  As a briefing attorney, he assisted the Court’s justices in drafting numerous appellate opinions that determined cases involving important civil and criminal legal issues under Texas law.

Court Admissions

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

Selected Client Representations

  • Selectica, Inc. v. Versata Enterprises, Inc. and Trilogy, Inc. Representation of a provider of enterprise software solutions in the Delaware Chancery Court trial of the first case to challenge the validity of a 4.99% shareholder rights plan (or net operating loss "poison pill"), arising from the triggering of the pill and the subsequent dilution of the investor's holdings.
  • Helen of Troy Securities Litigation. Defense of a worldwide marketer and distributor of personal care and houseware products in action under Section 10(b) of the Securities Exchange Act arising from revisions to sales and earnings projections.
  • First Command Financial Planning, Inc. Securities Litigation. Defense of financial services entities in a nationwide class action alleging securities fraud arising from the sale of mutual-fund investments to military personnel through an installment method known as a "systematic investment plan."
  • Motient Corporation v. Dondero. Obtained dismissal on behalf of hedge funds in an action brought by a corporate issuer against the funds alleging violations of Section 13(d) of the Securities Exchange Act for statements made regarding proposed corporate transactions.
  • Flowserve Corporation Securities Litigation. Defense of a worldwide manufacturer of pumps, valves and seals for flow control systems in a class action alleging securities fraud arising from accounting restatement, merger integration issues, and missed earnings projections. Obtained an order denying class certification and granting complete summary judgment in favor of the defendants, which was remanded for further proceedings after appeal. Simultaneously represented the company in related shareholder derivative suits pending in New York and Texas, and obtained dismissals of both cases.
  • Christus Health. Defense of two suits against not-for-profit healthcare system in putative class action litigation asserting claims of discriminatory pricing.
  • Dynegy, Inc. Securities Litigation. Represented energy company in putative securities class action and in shareholder derivative suits arising from allegations of fraudulent accounting treatment of certain energy contracts and a natural gas transaction, and from purported energy market manipulation.
  • Capstead Mortgage Corporation Securities Litigation. Obtained dismissal of a federal class action against a REIT alleging securities fraud in connection with the company's investing in mortgage-backed securities and servicing of mortgage loans.
  • FirstPlus Securities Litigation. Defended a specialized finance company, its chief executive officer, president and its chief financial officer alleging misrepresentations in connection with accounting for securities transactions. Obtained dismissal of the claims against the chief financial officer, and successfully negotiated a settlement of the claims against the remaining defendants.
  • Cellstar Corp. Securities Litigation. Obtained dismissal of a putative class action against a marketer of various wireless communication products alleging improper revenue recognition and other misrepresentations and omissions.
  • Defense of Trust Fiduciary Litigation. Representation of trustees of two large trusts in multi-court litigation against allegations of civil RICO violations, claims of mismanagement related to sale of trust-owned corporation and other breach of fiduciary duty claims. Resolved through global settlement of related litigation in federal, state district and probate courts.

Professional and Community Activities

  • Board of Trustees, Dallas Wind Symphony, 2006-2013
  • Leadership Arts Class of 2005 
  • Dallas Bar Association (Chair, Dallas Bar Association Securities Section, 2009) 
  • State Bar of Texas 
  • Texas Bar Foundation 
  • American Bar Association (Sub-Committee Chair, Business Torts Committee, 2009-2012)

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