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Practices

Industries

Education and Clerkships

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

Profile

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 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.
  • "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.

Recognition

Best Lawyers

Best Lawyers in America 2015

Best Lawyers® in America, an annual referral guide listing outstanding attorneys throughout the U.S, has once again recognized Haynes and Boone, LLP lawyers. This year the firm increased its honored practices to 56.

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

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.

Professional Recognition

  • 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, 2003-2014. 
  • 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™

Professional 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
  • 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)

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