David J. Levy

Partner

Note: This list includes lawsuits that were not handled at Morgan Lewis.

Intellectual Property Cases

• Defended a major technology company as lead counsel in numerous alleged patent infringement cases in the Tyler, Sherman and Marshall divisions of the Eastern District of Texas. The technology at issue ranged from modems to hard drives to computer graphics chips.
• Defended a major technology company as lead counsel in an alleged patent infringement case in the Western District of Wisconsin that involved computer docking station technology.
• Defended a pharmacy benefits management company as lead counsel in an alleged patent infringement case in the Northern District of Texas that involved billing software.
• Defended an Internet technology company in an alleged patent infringement case in the Southern District of Texas. After prevailing on a motion to stay the case pending reexamination of the patents-in-suit, the case was favorably resolved during reexamination.
• Defended a nationwide retailer in an alleged patent infringement case in the Southern District of Texas. After prevailing on a motion to stay the case pending reexamination of the patents-in-suit, the case was favorably resolved after reexamination.
• Represented a pumping systems designer/manufacturer as lead counsel in a theft of trade secrets case in Dallas, Texas, against former employees and a competitor.
• Represented a Japanese automobile company as co-counsel in a trademark infringement case.

Complex Commercial Cases

• Represented a large multinational oil company's subsidiary in Chad in an ICC international arbitration in New York arising out of a catering and maintenance agreement with a UK-based multinational company. The oil company prevailed at the arbitration hearing, and the award was confirmed in the Southern District of New York and affirmed on appeal.
• Represented an industrial pipe company as co-counsel in a declaratory judgment action in federal court in Charleston, South Carolina, over the terms of an option in a shareholder's agreement. The pipe company's interpretation of the agreement prevailed at trial.
• Represented a Japanese-owned chemical manufacturing company as co-counsel in a Harris County, Texas, lawsuit against a German-based company, arising out of the sale of defective catalysts.
• Defended a casino company as co-counsel in federal court in Houston, Texas, against RICO claims by an alleged "compulsive gambler." The trial court dismissed the plaintiff's claims, and the ruling was upheld by the Fifth Circuit Court of Appeals.
• Represented an American offshore construction company as co-counsel in an international arbitration against its Mexican joint venturer.
• Defended an engineering firm and its principal as co-counsel in a Harris County, Texas, lawsuit against allegations by a consulting firm for a "finder's fee." The defendants prevailed at trial, and the court rendered a take-nothing verdict against the plaintiff. The trial court's ruling was affirmed on appeal.
• Represented a large mortgage servicing company in a breach of contract action in the Southern District of Texas arising out of mortgage defaults. The trial court granted summary judgment in favor of the mortgage company's multimillion dollar claim.

Securities Litigation Cases

• Defended a regional bank as lead counsel in a securities case involving alleged unauthorized trading. After compelling the case to NASD arbitration, the case was favorably settled.
• Defended a broker-dealer as co-counsel in an NASD arbitration where the claimants alleged that they had been sold "unsuitable" securities. The arbitration panel rendered a take-nothing verdict against the claimants.
• Defended a large mutual fund company as lead counsel against a claim for unpaid fees/commissions by a former broker-dealer. After the case was compelled to arbitration, the NASD arbitration panel granted summary judgment in favor of the mutual fund company on all claims.
• Defended a national bank as lead counsel in a lawsuit in Hidalgo County, Texas, relating to the sale of commercial paper in a Mexican company.

Consumer Class Action Cases

• Defended a nationwide drugstore as lead counsel in a purported class action case in Harris County, Texas, arising out of its photo-processing charges. The plaintiff dismissed the case after minimal discovery and before the class certification hearing.
• Defended a major casino company as lead counsel in a purported class action case in Texas, arising out of disputed energy "surcharges." The plaintiff's individual case was favorably resolved prior to a class certification hearing.
• Represented a Japanese computer company and its U.S. subsidiaries as lead counsel in a multibillion dollar nationwide class action lawsuit in federal court in Beaumont, Texas, arising out of allegedly defective floppy disk drives. A nationwide settlement class was approved, and settlements were also reached with federal and state governments.