David W. Elrod

A key element of his success is the highly experienced and effective trial team he has led over the years. David’s team is able to adapt to nimble changes in the dynamics of a complex case while maintaining its relentless focus on strategy and preparation to obtain the best results for the client.  Each member of the trial team has actual courtroom jury trial experience as well as experience in handling cases in arbitration.  David and his trial team are a powerful force in the courtroom and have successfully represented clients in numerous litigation matters involving a wide variety of commercial and business litigation, including energy, securities, insurance, real estate, bankruptcy, director and officer liability, employment, indemnity, fraud, partnership issues and contractual disputes, probate, fiduciary and high-profile multi-generational family trust issues and class actions.

David is one of the few attorneys in Texas to actually try to verdict a civil RICO case on behalf of the defendants.  He was lead defense counsel in several catastrophic personal injury and property damage cases including an environmental contamination class action in east Texas and a product defect class action involving water pipes. Both cases were resolved very successfully for his clients.  David also successfully prosecuted as lead counsel a very interesting case in west Texas arising out of a controlled burn that damaged 60,000 acres of a neighboring ranch, which involved unique damage issues relating to the intrinsic value of pristine ranch land not used for grazing.  David also has extensive experience with litigating cases in bankruptcy, including representing trustees and debtors in actions against officers and directors, prosecuting objections to plan confirmation, creditor claims and fraudulent transfers.

In addition, David has extensive litigation and trial experience in the prosecution and defense of claims relating to almost every aspect of the energy industry, resulting in a highly regarded energy litigation practice. He has handled extremely technical and complex legal issues in different jurisdictions around the country.  For example, David has been lead counsel on cases involving the following issues:

– complex federal jurisdictional questions on behalf of interstate gas transportation companies, including briefing such issues before the U.S. Supreme Court;

– the interpretation and enforcement of interstate natural gas transmission pipelines and transportation contracts;

– delivery and compressor stations;

– contract and construction;

– defective turbines and other operating equipment;

– natural gas contamination;

– odorization of natural gas;

– natural gas quality issues under applicable tariffs;

– construction defect and cost overruns relating to pipeline and delivery stations;

– complex operational and management, finance and investment issues;

– oil and gas trade secrets disputes;

– renewables and wind farms;

– drilling and pipeline construction delays;

– construction lien issues;

– seismic and geophysical issues; and

– fraud and misrepresentations involving investments in shale, oil, gas, mineral and wind resources.