honors + affiliations
Recognized as an "IP Star" by Managing IP guide published by Euromoney's Legal Media Group (2013)
Listed, The Best Lawyers in America (2011–2012)
Listed, Top IP Lawyers, Houston Business Journal (2011)
Listed, Chambers USA: America's Leading Lawyers for Business (2010–2012)
Listed, Who's Who in American Law (2007)
Listed, "Super Lawyer," Intellectual Property Litigation, Texas Monthly Magazine (2006–present)
Listed, "Super Lawyer—Rising Star," Intellectual Property Litigation, Texas Monthly Magazine (2006)
Listed, "Super Lawyer—Rising Star," Business Litigation, Texas Monthly Magazine (2004–2005)
Recipient, Outstanding Service Award, Lone Star Legal Aid (2002)
Recipient, President's Award, Houston Bar Association (1998)
Life Fellow, Texas Bar Foundation
Life Fellow, Houston Bar Foundation
AV Preeminent Peer Review Rated by Martindale-Hubbell
- New York
- U.S. Supreme Court
- U.S. Courts of Appeals for the Third and Fifth Circuits
- U.S. Court of Appeals for the Federal Circuit
- U.S. District Courts for the Southern, Northern, Western, and Eastern Districts of Texas
- U.S. District Court for the District of Colorado
- New York State Supreme Court
David J. Levy is a partner in Morgan Lewis's Litigation and Intellectual Property Practices, and is the leader of the Houston office's Litigation Practice. Mr. Levy focuses his practice on complex commercial and intellectual property disputes. He has also represented clients in securities, class action, trade secrets, ERISA, probate, product liability, oil and gas, real estate, and employment litigation matters; and he has provided crisis management advice to clients in a variety of industries.
Mr. Levy's litigation and dispute resolution background includes trying cases in federal and state courts, as well as before domestic and international arbitration tribunals. Many of these cases have involved foreign parties, incidents, or transactions. Mr. Levy has tried more than a dozen cases (often as first chair), including two patent infringement cases. He has also argued a number of appeals in Texas state appellate courts.
Prior to joining Morgan Lewis, Mr. Levy was a partner at a full-service international law firm, where he was co-chair of the International Litigation Practice and the Asia-Pacific Practice.
Mr. Levy is the editor and a co-author of the American Bar Association's book, International Litigation - Defending and Suing Foreign Parties in U.S. Federal Courts. He also has had articles published in professional journals, such as International Litigation News, The Houston Lawyer, The Texas Lawyer, The National Law Journal, The Corporate Counselor, Getting the Deal Through, Texas Transnational Law Quarterly, The Advocate, and the Intellectual Property Litigation newsletter. He is also a frequent speaker and moderator at continuing legal education seminars, professional conferences, and in-house presentations around the world.
Mr. Levy is the U.S. country chair (Southwest Region) for the International Bar Association's Litigation Committee and a member of the Houston Bar Association, the Texas Bar Association, the American Bar Association, and the Federal Bar Association. He is also a life fellow of the Texas Bar Foundation and the Houston Bar Foundation, a past chairman of the Lone Star Legal Aid, and a past president of the Gulf Coast Legal Foundation. Mr. Levy has also served as the International Bar Association's representative to the Organization of American States' working group on the development of a model law on consumer protection in cross-border transactions.
Mr. Levy received his J.D. from Harvard Law School in 1991. During law school, he served as a judicial intern for U.S. District Court Judge Sim Lake in Houston. Mr. Levy received his B.A., with highest honors/Phi Beta Kappa, from the University of Texas at Austin in 1987.
Mr. Levy is admitted to practice in Texas and New York and before the U.S. Supreme Court; the U.S. Courts of Appeals for the Third, Fifth, and Federal Circuits; the U.S. District Courts for the Southern, Northern, Western, and Eastern Districts of Texas; the U.S. District Court for the District of Colorado; and the New York State Supreme Court.
Note: This list includes lawsuits that were not handled at Morgan Lewis.
Intellectual Property Cases
- Defended one of the world's largest technology companies as lead counsel in more than a dozen alleged patent infringement cases in the Tyler, Sherman, and Marshall divisions of the Eastern District of Texas. The technologies at issue included wireless and wired modems, computer hard drives, computer graphics chips, computer architecture, and printer networks.
- Represented a major technology company as co-lead counsel in a declaratory judgment action in the Northern District of California and related patent cases in the Eastern District of Texas involving wireless technology. The litigation settled favorably after jury selection in Marshall, Texas.
- Defended a major retailer as co-lead counsel in an alleged patent infringement case in the Eastern District of Texas that involved e-commerce technologies. The client settled the case favorably after jury selection. Tried case to jury verdict for co-defendants.
- Defended Japanese and Korean technology companies in various alleged alleged patent infringement cases in the Eastern District of Texas involving computer technologies.
- Defended a large digital storage company as lead counsel in an alleged patent infringement case in the Marshall Division of the Eastern District of Texas.
- Defended a major computer technology company in a technology licensing dispute relating to streaming video content to television sets. Settled dispute prior to litigation.
- 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.
- Defended a U.S. and Japanese manufacturer of control valves in an alleged theft of trade secrets case in Harris County, Texas.
- 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 a major industrial valve manufacturer in a AAA arbitration arising out of a supply agreement dispute.
- Represented the Nigerian subsidiary of a multinational oil company in a lawsuit in the Houston Division of the Southern District of Texas, arising out of a dispute with a subcontractor in Texas.
- 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
- Represented an executive of a hedge fund manager and the hedge fund management company in alleged fraud, breach of fiduciary duty and misrepresentation case in Dallas County District Court relating to a multi-billion dollar Ponzi scheme. The court dismissed the executive for lack of personal jurisdiction, and the corporate defendant settled favorably before trial.
- 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.
- Harvard Law School, 1991, J.D.
- University of Texas at Austin, 1987, B.A., Highest Honors/Phi Beta Kappa