David Whittlesey

David Whittlesey

Partner

David focuses on complex commercial, business and intellectual property litigation. He has litigated numerous cases involving shareholder disputes, mergers and acquisitions, securities fraud claims, deceptive trade practices claims, patent infringement claims and trademark disputes.
In addition, he has significant experience with disputes relating to consumer products, license agreements, software, telecommunications, professional malpractice, trade secrets, real estate, insurance, banking, construction and oil and gas matters. He has represented clients in litigation and arbitration matters and in trial and appellate proceedings in several states and the District of Columbia. He also regularly counsels clients on compliance issues.

Experience

Representative matters

Henry Weisburg has a “wealth of experience and demonstrates extraordinary knowledge of the law,” reports one client, adding that he has “at all times been extremely responsive with sensible, concise and coherent advice on the relevant issues. “He acts for clients on both commercial and investment treaty arbitrations, as well as offering wider skill as a litigator. – Chambers Global 2021 – International Arbitration (U.S.)
Henry Weisburg is well regarded for his wide-ranging practice, covering investment treaty and commercial arbitrations. He regularly acts for a variety of clients, including states and multinational companies. – Chambers Global 2020 – International Arbitration (U.S.)
The ‘absolutely brilliant’ Henry Weisburg is experienced in handling both commercial and investment treaty arbitrations under a broad range of institutional rules. Clients report: “He has the ability to take very complex issues and present them in a very clear and concise manner to keep the attention of the tribunal.” – Chambers Global 2019 – International Arbitration (U.S.)
“Henry Weisburg is commended by clients for his very flexible and very intelligent approach. Recent activity has seen him act on corporate disputes involving Europe, South America and the Middle East. He is also noted for his litigation practice, where he regularly assists clients with enforcement and wider arbitration-related court work.” – Chambers Global 2018 – International Arbitration (U.S.)
“Henry Weisburg is ‘a high-quality lawyer’ with extensive experience across a range of arbitral proceedings. He regularly advises on cross-border disputes arising in the context of complex projects and joint ventures.” – Chambers USA 2017 – International Arbitration
“‘They have a superb arbitration team.’ ‘Henry Weisburg is ‘a high quality lawyer’ with extensive experience across a range of arbitral proceedings.” – Chambers USA 2016 – International Arbitration
“Henry Weisburg brings over 30 years of experience in commercial and investor-state arbitrations to his engagements. Sources rate him as ‘smart, very experienced and effective.’” – Chambers USA 2015 – International Arbitration
“The highly experienced Henry Weisburg is praised by various sources as ‘a smart and effective lawyer who is very on top of his game.’ He handles both investor-state and commercial disputes with equal aplomb.” – Chambers USA 2014 – International Arbitration
“... attracts particular praise for the quality of New York partner Henry Weisburg, who is ‘very impressive as a big-picture guy’ and successfully secured the largest ICC arbitration award ever for The Dow Chemical Company in its dispute against a Kuwaiti state-owned entity over a failed petrochemicals joint venture.” – Legal 500 US 2014 – International Arbitration
American Lawyer’s Litigator of the Week (Jan. 9, 2014), for Second Circuit affirmance of Ometto v. ASA Bioenergy Holding A.G., No. 12-4022(L) (2d Cir. Jan. 7, 2014)
“Henry Weisburg has long-standing experience in the international arbitration arena, and is hailed as being’excellent at preparing a case.’ As well as regularly representing parties in commercial and investment treaty arbitrations, he also conducts high-stakes enforcement proceedings.” – Chambers USA 2013 – International Arbitration
“The ‘hugely experienced and very impressive’ Henry Weisburg ‘always has his strategy clearly defined’” and he is “a very practical person who is always looking at how best to obtain a result.” –

SECURITIES AND SHAREHOLDER LITIGATION
Lead counsel in numerous merger and acquisition disputes, representing both buyers and sellers in arbitrations and in litigation across several jurisdictions, including Delaware, Texas, New York, and California.
Represent certain defendants in consolidated securities litigation, regarding an alleged $1.8 billion “Ponzi scheme” purportedly orchestrated by GPB Capital Holdings, LLC and its owners.
Represented HPI Holdings, LLC in Delaware merger litigation brought by former stockholders of AdvantEdge Healthcare Holdings, Inc., who were seeking damages for alleged breach of an “earn-out” provision in the merger agreement. After full briefing and oral argument, obtained dismissal with prejudice of Plaintiffs’ “earn-out” claims on motion to dismiss.
Represented an insurance industry client in a multi-billion dollar securities class action arising from the Stanford alleged Ponzi scheme, a separate multi-billion dollar receivership claim, numerous related lawsuits filed in both state and federal court, a federal multi-district litigation (MDL) proceeding and appellate proceedings in the Fifth Circuit Court of Appeals and the United States Supreme Court.
Represented a publicly-traded technology company and its board of directors in a Delaware class action arising from a $560 million merger transaction. In re Mavenir Systems, Inc. Stockholders Lit. (Del. 2015).
Lead defense counsel for multiple former National Football League players (including two Heisman trophy winning quarterbacks) in connection with securities fraud litigation in state and federal court arising from the alleged Triton Financial Ponzi scheme. Secured dismissal of all claims with no money changing hands.
Texas counsel for private equity firm sued in connection with the $24 billion going private transaction of a publicly traded Austin based computer manufacturer. Successfully obtained stay of all proceedings in Texas courts in favor of related proceedings in Delaware.
Lead counsel for major international commodities firm in connection with an onslaught of shareholder litigation in state and federal court arising from the acquisition of a publicly traded Texas company. Secured dismissal of all of the plaintiffs’ claims in all cases with no money changing hands and no additional disclosures required.
Lead counsel for Atlanta-based Fortune 500 company in “entire fairness” merger litigation arising from the $134 million completed acquisition of an Austin-based Internet banking company.
Lead trial counsel for major Texas School District in a bond validation lawsuit seeking to validate $490 million in bonds challenged by a taxpayer group. Prevailed in all respects at trial, secured validation of the bonds, and obtained a $15 million bond requirement for any appeal of the judgment.
Trial counsel for major Texas city in successful public securities authorization validation lawsuit involving more than $600 million in projected future bond issuances.
Lead counsel for Austin-based software company in merger litigation involving claims of securities fraud, as well as claims concerning ownership rights to certain software following the completed merger.
Counsel for major Texas law firm in an $80 million lawsuit involving claims of alleged securities fraud.
Lead counsel for Chicago-based Fortune 500 company in arbitration proceeding involving claims of fraud, breach of contract and securities law violations in connection with the acquisition of a Texas-based company.

INTELLECTUAL PROPERTY LITIGATION
Lead trial counsel for defendant in trade secret case involving alleged theft of diamond technology for the manufacture of PDC inserts. The plaintiff sought more than $13 million in actual damages, punitive damages and attorneys’ fees. After a three-week jury trial, the jury found that no actual damages had been suffered. The Court entered a take nothing judgment in our client’s favor.
Lead counsel for multi-national telecommunications company in patent litigation in the United States District Court for the Western District of Texas, Austin Division. Case dismissed against AT&T after summary judgment motion filed. Click-to-Call Technologies LP v. AT&T Inc., et al.
Lead counsel for wholly owned subsidiary of a multi-national telecommunications company in patent litigation in the United States District Court for the Northern District of Georgia, Atlanta Division. Case dismissed with no money changing hands. Visual Interactive Phone Concepts, Inc. v. AT&T Mobility.
Lead counsel for YETI Coolers in multiple consumer product trademark and trade dress disputes, including YETI Coolers, LLC v. Ontel Products Corporation et al.
Counsel for industry data and analysis company in patent litigation in the United States District Court for the Western District of Texas, Austin Division. Dynamic 3D Geosolutions LLC v. IHS Inc. and IHS Global Inc.
Counsel for multi-national computer and electronics manufacturer defendants in patent litigation in the United States District Court for the Western District of Texas, Austin Division. Bandspeed, Inc. v. Sony, et al.
Counsel for defendant in trade dress infringement action brought by Shell Oil Company alleging violations of the Lanham Act and Texas law in the United States District Court for the Southern District of Texas, Houston Division.

OIL AND GAS LITIGATION
Lead counsel for publicly traded oilfield services company in connection with trade secrets litigation involving ownership and distribution of dissolvable frac plugs.
Trial counsel in Delaware Bankruptcy Court for the five day trial of an adversary proceeding on behalf of the debtor, Southland Royalty Company, in connection with a midstream contract dispute involving minimum volume commitments in a gas gathering agreement. Southland Royalty Company, LLC v. Wamsutter LLC; Adv Pro. No. 20-50551 (KBO).
Lead counsel for multiple oil and gas producers in connection with lawsuits in Texas, Louisiana, Alabama, and Oklahoma, arising from disputes over the purchase and sale of oil and gas properties.
Lead counsel for clients in various disputes concerning gas gathering, processing, and related agreements, including litigation in state and federal courts, in bankruptcy courts, and in arbitration proceedings.
Lead counsel for major midstream company in connection with $50 million dispute over firm transportation agreements for natural gas.
Lead counsel for directional drilling company in multi-jurisdictional lawsuits involving alleged failure to drill according to contractual requirements.
Lead counsel for directional drilling company in connection with trade secret litigation.
Antitrust Litigation
Lead counsel for leading health insurer in $100 million antitrust lawsuit brought by a failed hospital alleging a “hub and spoke” conspiracy.
Texas counsel for major international book publisher in connection with multi-state antitrust investigation and subsequent lawsuit arising from alleged antitrust conspiracy relating to e-books.
Counsel for major satellite broadcaster in “baseball style” arbitration against Big 4 network owned and operated television stations

Published Work

  • Shareholder Representative Servs. LLC v. HPI Holdings, LLC, No. 2022-0166-PAF, 2023 WL 3092895 (Del. Ch. Apr. 26, 2023)
  • In re Southland Royalty Co. LLC, 623 B.R. 64 (Bankr. D. Del. 2020)
  • Smith v. Premier Dermatology, No. 17 C 3712, 2019 WL 4261245 (N.D. Ill. Sept. 9, 2019)
  • Ontel Products Corp. v. YETI Coolers, LLC, 2017 WL 3033436 (D. N.J. 2017)

Speaking Engagements

  • Presenter, “Case in Point Webinar Series: Class Actions: Fundamentals & Trends” May 2017
  • Presenter, “Drafting Contracts and Related Legal Issues”, Belgian Economic Mission to the United States of America - Texas, December 2016
  • Presenter, “Trade Secret Claims Under the Texas Uniform Trade Secrets Act” September 2015
  • Presenter, “TexasBarCLE Essentials in Business Law Course” March 2015

Leadership Positions And Professional Affiliations

  • The General Counsel Forum, Board Member (2015-Current)
  • State Bar of Texas, Board Member, District 9 (2011-2014)
  • State Bar of Texas, Professionalism Committee (2015-2020)
  • Austin Bar Association, President (2010-2011); Secretary (2008-2009); Treasurer (2007-2008)

Awards

  • Profiled as a leading Commercial Litigation lawyer, The Best Lawyers in America®, 2013–2023
  • Ranked in Securities Shareholder Litigation (2015) and Securities Litigation – Defense (2016-2017), The US Legal 500
  • “Texas Super Lawyer”, Thomson Reuters, 2008–2020
  • “Texas Rising Star”, Thomson Reuters, 2005–2007

Qualifications

Admissions

Texas, 1994

Courts

United States District Court for the Northern District of Texas, 1998
United States District Court for the Southern District of Texas, 1998
United States District Court for the Eastern District of Texas, 1998
United States District Court for the Western District of Texas, 1998
United States Court of Appeals for the Fifth Circuit, 1999
United States Supreme Court, 2012

Academic

B.B.A., University of Texas, Austin, 1991
J.D., The University of Houston Law Center, magna cum laude, 1994
– Houston Journal of International Law
– Order of the Coif 
– Order of the Barons
Disclaimer
A&O Shearman was formed on May 1, 2024 by the combination of Shearman & Sterling LLP and Allen & Overy LLP and their respective affiliates (the legacy firms). Any matters referred to above may include matters undertaken by one or more of the legacy firms rather than A&O Shearman.