J. David Rowe is a partner practicing in MWM’s commercial litigation section. David brings over 25 years of trial experience representing clients in complex business litigation matters. His practice is primarily devoted to prosecuting and defending complex commercial cases involving contract and statutory claims as well as allegations of fraud, business break-ups, partnership disputes, fiduciary duty, and other business torts.
Known for winning favorable verdicts, judgments, and appeals, David is a highly skilled trial lawyer representing clients that range from land and business owners to health care providers, technology companies, oil and gas companies, and auto parts manufacturers. His list of impressive litigation victories includes complex, multi-week jury and bench trials, arbitration, and contested evidentiary hearings.
David’s experience includes partnership and shareholder disputes, construction defect and payment disputes, copyright and trademark infringement, antitrust, civil RICO, landlord-tenant, trade secrets, and unfair competition, covenants not to compete, breach of warranty, and securities fraud cases. This wealth of experience encompasses a wide variety of industries including real estate, automotive parts, truck leasing, retail, video gaming, software development, telecommunications, mining, insurance, water treatment, oil and gas, after-market warranties, financial institutions, and health care.
David began his career as an associate in an international law firm, where he trained for more than a decade, gaining invaluable experience. In 2006, David joined an Austin-based law firm, where he honed his trial skills before joining MWM in 2021.
David also serves as an adjunct professor, teaching trial advocacy at the University of Texas School of Law where he graduated with honors and served on the editorial board of the Texas Law Review and as director of the Legal Research Board. Listed as a Texas Super Lawyer in business litigation, David brings considerable trial experience to MWM’s award-winning litigation section. He is a member of the State Bar of Texas, the Austin Bar Association and is a Fellow of the Texas Bar Foundation.
- Lead counsel for publicly-traded water treatment equipment manufacturer. Obtained a take-nothing judgment after a 3 1/2-week jury trial. Plaintiff sought $60 million+ on claims of fraud, product defect, and breach of warranty. Case was subsequently remanded and re-tried.
- Lead counsel for owner of an office building seeking to enforce an agreement to provide parking space access in a nearby parking garage. A subsequent owner of the garage argued the agreement was not enforceable because it had not been recorded and the owner did not otherwise have notice of it. After a two-week bench trial the Court ruled that the parking agreement is enforceable.
- Lead counsel obtaining judgment on all claims after a weeklong jury trial involving claims of fraud in a real estate transaction.
- Co-lead counsel representing subcontractor against general contractor on a project involving construction of a solar power plant. Three-week arbitration hearing resulting in a multi-million dollar award for client.
- Co-lead counsel in case involving claims of fraud and breach of warranty involving water treatment equipment where Plaintiff demanded $50 million. Negotiated favorable settlement after 4-week jury trial.
- Lead counsel representing insurance carrier. Insured brought claims for violation of Insurance Code, alleging that carrier’s attempts to collect unpaid premium were unlawful. Carrier counterclaimed to recover unpaid premium. A 3-week jury trial ended in a mixed verdict, the adverse portions of which were reversed on appeal with instructions to render judgment for carrier.
- Lead counsel obtaining significant arbitration award for client against former employee who had embezzled fees.
- Lead counsel obtaining verdict and final judgment for client after bench trial.
- Lead counsel obtaining arbitration award on a breach of contract claim.
- Lead counsel obtaining temporary restraining order and arbitration award for client on breach of contract claim.
- Lead counsel negotiating reasonable settlement 3 days into arbitration proceeding where plaintiff sought significant damages for alleged breach of contract.
- Lead counsel for landowner at a Special Commissioner’s hearing in a condemnation action. Commissioners awarded almost 20 times more than condemner’s appraised amount.
- Lead counsel representing investor in a technology company. Company and investor were sued by a former contract marketer alleging the investor caused the Company to improperly terminate the marketing contract, resulting in the loss of $50 million+ in sales commissions. Plaintiff eventually gave up, voluntarily filing a dismissal that taxed Defendant’s costs against the Plaintiff.
- Lead counsel representing closely held corporation in action to enforce non-compete agreements against a group of former employees who left to firm their own competing business. Obtained temporary injunction enforcing the non-compete agreements after week-long bench trial.
- Lead counsel representing 2nd tier auto parts supplier in a contract dispute against 1st tier supplier. Negotiated favorable settlement after filing suit, without having to engage in any discovery.
- Lead counsel defending obligor on vehicle service contracts that was accused of improperly withholding reinsurance premiums. Plaintiff decided to voluntarily nonsuit his case with no promise of payment.
- Lead counsel representing investors in a failed business who were sued by a creditor of failed business. Negotiated a nuisance value settlement.
- Lead counsel representing auto parts supplier in one of the nation’s largest, multi-district, antitrust class action.
- Lead counsel representing health care provider whose former employees attempted to steal the business by soliciting customers and other employees. Negotiated settlement by which former employees compensated health care provider for losses.
- Lead counsel representing minority shareholder in closely held corporation who sought a forced buy-out due to minority shareholder oppression. Obtained settlement that included corporation’s agreement to purchase client’s shares.
- Lead counsel in a copyright infringement matter. Obtained permanent injunction and money judgment for client.
- Lead counsel defending oil and gas exploration company against claims alleging under payment of ORRI. Plaintiff agreed to drop lawsuit with prejudice after receipt of Answer and Counterclaim.
- Lead counsel representing group of investors who had been defrauded. Obtained judgment for clients on all claims.
- Co-lead counsel representing general contractor in a dispute involving construction of water treatment plant. Contractor sought additional payments from owner and resisted paying more money to subcontractor. Negotiated settlement by which contractor received additional money from owner, but did not have to pay anything more to subcontractor.
- Lead counsel obtaining summary judgment on breach of contract claims for architect against architect’s clients. Judgment included all requested attorney fees.
- Lead counsel obtaining judgment on all claims for lender against borrower (and guarantor) who had defaulted.
- Lead counsel obtaining judgment on all claims for borrower against broker, which had introduced borrower to a hard money lender that defrauded borrower.
- Lead counsel obtaining take-nothing summary judgment on roofer’s claim against landlord.
- Lead counsel representing developer against hard money lender who accepted large advance fee in exchange for promise to fund $50 million loan. Lender failed to fund loan but kept the advance fee. Negotiated substantial refund of fee after less than 3 months of aggressive litigation.
- Lead counsel representing closely-held corporation in action against former employee who was also a minority shareholder and officer. Plaintiff alleged that Defendant embezzled cash, then took trade secrets to form a new competitor. Defendant counterclaimed, alleging minority shareholder oppression. Obtained settlement for client that included return of stolen business and a five-year non-compete agreement.
- Lead counsel negotiating sizable settlement for chiropractor against personal injury attorney who failed to honor promise to pay chiropractor’s fees upon settlement of underlying negligence claim.
- Lead counsel for large oil and gas exploration company. Obtained dismissal of a negligence claim related to activities at a well site.
- Lead counsel for leading mining and chemical company. Negotiated nuisance value settlement. Plaintiff sought $1 million+ for an alleged trademark infringement.
- Lead counsel for an internet search engine entity. Obtained dismissal of a federal securities fraud case. Plaintiffs alleged $10 million+ in damages.
- Lead counsel obtaining temporary injunction and partial summary judgment for client against former employee who stole client’s trade secrets.
University of Texas,
School of Law
University of Oklahoma,
Associations & Memberships
Adjunct Professor, University of Texas at Austin, School of Law, Trial Advocacy (2008-Present)
Director, Civil Litigation Section, Austin Bar Association (2005-2010)
Chair, Bench Bar Section, Austin Bar Association (2003-2005)
Honors & Awards
Texas Super Lawyers, Thomson Reuters 2020-2021
Outstanding Committee Chair, Austin Bar Association 2005
Book Review Editor, Texas Law Review
Legal Research Board Director
U.S. District Court, Northern District of Texas
U.S. District Court, Southern District of Texas
U.S. District Court, Western District of Texas
U.S. District Court, Eastern District of Texas
Author, “Beware of Projects with Assigned Subcontractors,” Construction Executive Magazine, September 2011