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David W. Clark

Contact

  • One Jackson Place
    188 E. Capitol Street
    Suite 400
    Jackson, MS 39201
P: 601.592.9913
F: 601.592.1413
Secretary:
P: 601.592.9926

David W. Clark

Partner

Experience

Handled appeal of $113 million verdict, largest known legal malpractice verdict in MS history, presenting questions of first impression regarding transactional malpractice claims in MS.
Represented plaintiff on antitrust claims based upon misuse of patents on casino table games. Successfully settled claims and obtained relief after challenges to claims and venue.
Represented Microsoft in Attorney General’s antitrust and consumer protection suit alleging monopolization and overcharge for software.
Successfully represented manufacturer in defense of trademark infringement suit over use of name applied to biological medium.
Successfully represented local telephone carrier in defending injunction claims for trademark infringement by established carrier. Settled after injunction hearings and further discovery.
Successful defense of patent holder and licensor of manufacturing and construction process against unfair competition and trade secret claims; obtained summary judgment for client; affirmed on appeal.  
Represented Bank in action by equipment lessees suing on various tort, contract and fraud theories.
Successfully defended broker-dealer of private placement for proposed casino operation. Won at trial court and appellate levels. First successful application in state of the bespeaks caution doctrine.
Won substantial arbitration award for terminated at-will employee of wireless company for breach of stock agreement.
Represented Microsoft in Attorney General’s antitrust and consumer protection suit alleging monopolization and overcharge for software.
Successfully represented local telephone carrier in defending injunction claims for trademark infringement by established carrier. Settled after injunction hearings and further discovery.
Represented seed distributor in suit and preliminary injunction hearing for termination of distributorship in Greece; defeated claim for preliminary injunction and obtained order enjoining similar suits in Greece.
Represented seed distributor in suit and preliminary injunction hearing for termination of distributorship in Greece; defeated claim for preliminary injunction and obtained order enjoining similar suits in Greece.
Represented national insurance broker on contract, fraud and other claims arising from use of pooled mortgage credit insurance.
Represented power plant operator in successful breach of warranty (defective design) suit against manufacturer of steam turbine generator.
Successfully defended claims for fraud, lender liability, and breach of contract; awarded summary judgment on all claims.
Represented energy company in claim and suit against engineering contractor’s carrier for reimbursement under “additional insured” coverage. Suit was successfully settled before trial (for full reimbursement of costs and fees incurred in defending wrongful death lawsuits), while cross-motions for summary judgment were pending.
Successfully defended national insurer against antitrust and unfair competition challenge to its new nationwide auto damage claim policy.
Represented former bank director in a claim and counterclaim for coverage under a D&O policy, after the FDIC closed the bank and threatened officers and directors with suit. The insurer filed a declaratory judgment action, and directors counterclaimed for coverage. The case was tried to the judge for three weeks in 1990 and involved significant issues of coverage, including the effect and enforceability of certain exclusions added upon renewal. Before any decision, the directors reached a favorable and comprehensive settlement with insurer and FDIC.
Represented bank in bench trial of commercial paper claims; later settled.
Represented plaintiff on antitrust claims based upon misuse of patents on casino table games. Successfully settled claims and obtained relief after challenges to claims and venue.
Represented Microsoft in 26 individual lawsuits asserting violation of MS Antitrust Act; most suits dismissed on motions for judgment on pleadings.
Successfully represented manufacturer in defense of trademark infringement suit over use of name applied to biological medium.
Defended company, Quigley (Pfizer), in personal injury asbestos suit; began jury trial and settled.
Represented former officers and directors of technology company in defending securities claims.