c754da840760427da962400038ace90d_Photo

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 chairs the firm's Intellectual Property Litigation Practice Group. David solves clients’ complex business problems and implements their strategies both in the courtroom and the boardroom as a trusted business advisor. He has served as lead counsel for the most significant and complex disputes clients have--ranging from semiconductor fabrication patent and trade secret litigation to disputes about the sale of major businesses.

Teams that David has led or co-led have achieved remarkable success. For example, his team recently successfully defended a major semiconductor fabrication company in a patent infringement case in which the plaintiff conceded defeat in the trial court after a favorable Markman ruling. He successfully defended clients in a multi-week trial and then on appeal against claims of copyright infringement regarding video distribution rights. He also led a team that defeated claims in the trial court of alleged theft of software as trade secrets. Likewise in business disputes, he recently pursued claims for fraud against sellers of a business to a major work wear manufacturing company which was then mutually settled. David and the Haynes and Boone team he led won a multi-year battle defeating claims of alleged shareholder oppression in the Texas Supreme Court. And, he defended and resolved multiple lawsuits against the prominent founder of a major independent oil and gas company from claims about buyouts of other investors.

David’s skills are sought out by boards seeking him as a member, including Baylor University, where he has served for several years as the chair of multiple committees. David has also served in significant leadership roles in the firm, including as the co-chair of the firm’s overall litigation practice and on multiple firm management committees.

David has been recognized as a Best Lawyer in America (2014-15), Texas Super Lawyer (2003-2015), and peer-review rated as AV Preeminent by Martindale Hubbell® Law Directory.

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.

Selected Client Representations

Intellectual Property

  • Successful defense in the trial court of Taiwan Semiconductor Manufacturing Company in patent litigation regarding lithography technology (DSS v. TSMC, et al, ____ WL ____ (EDTX).)
  • Successful defense of alleged theft of trade secret claims related to software (Spear Marketing v. ARGO Data Resources, 2013 WL 2149570 (N.D. Tex.).)
  • 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. &(Baisden v. I’m Ready Productions, 693 F.3d 491 (5th Cir. 2012).)
  • 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.
  • 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.).)
  • 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)).

Complex Business Disputes

  • Prosecution of fraud claims related to sale of business unit to major work wear manufacturer (settled)
  • Successful defense of claims of shareholder oppression and breach of fiduciary duty at trial and appeal brought against privately held software company  (ARGO Date Resources v. Shagrithaya, 380 S.W.3d 249 (Tex. App.—Dallas 2012, pet. denied)).
  • Defending a trust against multi-million dollar claims of fraud, breach of fiduciary duty and conspiracy in a real estate transaction.
  • Defending and resolving claims against founder of a major independent oil and gas company from multiple lawsuits about buyout transactions of investors. 

Media, Libel and Invasion of Privacy

  • Obtained summary judgment for financial publisher over alleged violations of federal and state securities laws. Reynolds v. Murphy, 188 S.W.3d 252 (Tex. App.—Fort Worth 2006) and Reynolds v. Murphy (II), 266 S.W.3d 141 (Tex. App.—Fort Worth 2008).
  • Multiple successful defenses of author of Stolen Valor in libel claims brought by individuals making false claims of military service and honors. 

Honors

Super Lawyers

Repeat Recognition as 2014 Texas Super Lawyers

Texas Super Lawyers has once again recognized Haynes and Boone in its annual award listing, with seven firm attorneys featured in the Tops of Texas honors.

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)

Email Disclaimer