David E. Finck, Attorney

RECENT CASES:

Merger & Acquisition Arbitration

Defended client in a $43 million arbitration. The suit had numerous issues including disputes over contingent payments for the acquisition of an electrical contracting business, complicated financial transactions, and the economics of several proposed power plants in the mid-west. Settled on the third day of trial with no out-of-pocket payment by my client.

Right of First Refusal Arbitration

Defended client in $33 million arbitration in Riverside, California involving a contractual right of first refusal for the sale of several landfill-gas-to-energy power plants. Won a defense award and recovered costs for my client.

Employment

Acting as co-trial counsel with one of my partners, defended client in an age discrimination case filed in federal court in the Southern District of Texas. Won a directed verdict.

Covenant-not-to-Compete

Secured numerous injunctions against former employees and also defended former employees in non-compete cases.

Construction

Defended a subcontractor in an $18 million construction case in Williamson County, Texas where a 28-mile raw water pipeline collapsed during testing. Issues included the exact cause of the failure and contractual issues of responsibility for work and indemnity. My client was released before trial for a de minimis settlement.

RICO

Defended client in a RICO and fraud lawsuit pending in federal court in Atlanta, Georgia. The plaintiff was seeking $40 million based on commercial bribery allegations. Issues included the difference between client development and bribery and the quality of work performed on over $200 million in contracts. Settled the case without any payment from my client.

Letter of Credit Arbitration

Defended client in a $6.5 million arbitration involving a letter of credit and two loan participation agreements. After a full arbitration hearing, won a defense award and also recovered costs for my client.

Transportation Contract

Won attorneys' fees and costs in defending a breach of contract matter in arbitration. The plaintiff claimed my client breached an independent contract driver agreement by failing to provide loads to carry. The arbitrator denied all of the plaintiff's claims and awarded my client fees and costs.

Construction Dispute

Represented contractor who installed three landfill-gas-to-energy power plants in the Chicago area.  The owner failed to pay approximately $45 million of the outstanding amounts due based on alleged construction defects and delays.  The case was pending in the bankruptcy court in Chicago.  Some of the funds were collected by enforcing a security interest in the proceeds of electricity sales from the plants.  The case settled by having the plants sold with the proceeds paid to my client.

Construction Dispute

Conducted pre-suit negotiations to assist client in collecting the remainder of its invoices on a significant pipeline construction project.  Owner claimed contractor caused delays, work not completed, and change orders not approved.  Collected over $11.5 million which was nearly the entire outstanding claim including change orders.

BACKGROUND:

David handles all types of business litigation, including transportation related litigation, construction litigation, merger related litigation, energy litigation, covenants-not-to-compete, employment litigation and claims work. David has experience in trials, appeals, injunctions and arbitrations. David has one published opinion, Ross Hill, Paul Grimes and Canatxx Energy Ventures, Inc. v. G.E. Power Systems, Inc., et al., 282 F.3d 343 (5th Cir., 2002).

David is a native of San Antonio, Texas. He graduated in 1990 from Texas A&M with a Bachelor of Science in Agricultural Economics. In 1995, he obtained his Doctorate of Jurisprudence from South Texas College of Law, summa cum laude. He was an articles editor of the South Texas Law Review and a member of the Order of Lytae. David received numerous academic awards and an academic scholarship at South Texas.

In 2006, David was recognized by Law & Politics and Texas Monthly as one of Texas' Rising Stars. He is also a Fellow of the Texas and Houston Bar Foundations.

David is married with three children. He has been a tutor for third, fourth, and fifth grade students at Concord Elementary in Houston's 5th Ward. He is an active member of Grace Presbyterian Church and is or has been on the Board of Directors for; (1) Chapelwood Methodist Church School for Young Children, (2) Houston Volunteer Lawyers Program, and (3) Camp Cho-Yeh.