J. David Rowe

J. David Rowe is a partner practicing in MWM’s commercial litigation section. He brings more than 28 years of litigation and trial experience 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. David also represents clients in partnership and shareholder disputes, construction defect and payment disputes, copyright and trademark infringement, antitrust, civil RICO, landlord-tenant, trade secrets, covenants not to compete, breach of warranty, and securities fraud cases.

Known for winning favorable verdicts, judgments, and appeals, David’s clients range from land and business owners to healthcare 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 is 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 is a member of the State Bar of Texas, the Austin Bar Association, and a Fellow of the Texas Bar Foundation.

Representative Matters

• 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.
• 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 for purchaser of real estate, asserting claims of fraud. Obtained judgment on all claims after a week long jury trial.
• Co-lead counsel representing subcontractor against general contractor on a project involving construction of a solar power plant. Three-week arbitration hearing resulted in a multi-million dollar award for client.
• 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 form their own competing business. Obtained temporary injunction enforcing the non-compete agreements after week-long bench trial.
• Lead counsel representing auto parts supplier in one of the nation’s largest, multi-district, antitrust class action cases. Negotiated favorable settlement after aggressively defending claims.
• Lead counsel representing group of investors who had been defrauded. Obtained judgment for clients on all claims.
• 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.

Education

Associations & Memberships

Adjunct Professor, University of Texas at Austin, School of Law, Trial Advocacy (2008-Present)

State Bar of Texas

Honors & Awards

Texas Super Lawyers, Thomson Reuters 2020-2022

Bar Admissions

Texas

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