David W. Clark

Listed in The Best Lawyers in America® Commercial Litigation, 2007-2022 Business Litigation, 2003-2006 Listed in Mid-South Super Lawyers “Top 50," Mississippi, 2012-2014 Business Litigation, 2006-2021 Antitrust Litigation and Securities Litigation, 2012-2014 Mississippi Bar Distinguished Service Award, 2017 American Tort Reform Association, "Legal Reform Champion," 2004 Davis v. ACA Financial Guaranty Corp. (N.D. MS 2011-14) Represented bond insurer in defending action by bond purchasers on contract and tort claims. Class action denied; case settled after discovery and motions. Baker & McKenzie LLP and Joel Held v. S. Lavon Evans, Jr., et al. Handled appeal of $113 million verdict, largest known legal malpractice verdict in Mississippi history, presenting questions of first impression regarding transactional malpractice claims. Reversed and remanded for retrial on causation and damages (2014). Prime Table Games LLC v. Shuffle Master Corp (SD MS 2008-present) 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. Attorney General Jim Hood, ex rel State of Mississippi v. Microsoft Corp. (Chancery Court of Hinds Co., Miss. 2004-2009) Represented Microsoft in attorney general’s antitrust and consumer protection suit alleging monopolization and overcharge for software. SABHI, Inc. v. Becton Dickinson and Company and DIFCO Laboratories, Inc. (S.D. MS 2003-5) Successfully represented manufacturer in defense of trademark infringement suit over use of name applied to biological medium. BellSouth Intellectual Property Corp. v. Expetel Communications, Inc. (S.D. MS 2002-3) Successfully represented local telephone carrier in defending injunction claims for trademark infringement by established carrier. Settled after injunction hearings and further discovery. Nichols v. Tri-State Brick, et al. (Circuit Court of Hinds Co., Miss. and MS Supreme Court 1992-1994) 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. Adair v. Amerus Leasing, et al. (Circuit Court of Hinds Co., Miss. 2000-2009) Represented bank in action by equipment lessees suing on various tort, contract and fraud theories. Allyn v. Wortman (Circuit Court of Hinds Co., Miss. and MS Supreme Court 1996-1998) 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. Anand v. Tritel arbitration (S.D. Miss. 2000-2001) Won substantial arbitration award for terminated at-will employee of wireless company for breach of stock agreement. BellSouth Intellectual Property Corp. v. Expetel Communications, Inc. (S.D. MS 2002-3) Successfully represented local telephone carrier in defending injunction claims for trademark infringement by established carrier. Settled after injunction hearings and further discovery. Bios Agrosystems, S.A. v. D&PL Technology Corp. (U.S. D.C. Delaware 1999-2001) 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. CAM v. Crump, et al. (S.D. Miss. 2002-2004) Represented national insurance broker on contract, fraud and other claims arising from use of pooled mortgage credit insurance. Choctaw Generation, Inc. (Suez) v. Toshiba International (N.D. Miss. 2004-2007) Represented power plant operator in successful breach of warranty (defective design) suit against manufacturer of steam turbine generator. Eastern Environmental Systems LLC v. Union Planters Bank (Chancery Court of Lowndes Co., Miss. 1998-2001) Successfully defended claims for fraud, lender liability, and breach of contract; awarded summary judgment on all claims. Entergy Mississippi, Inc. v. Zurich American Ins. Group, et al., Circuit Court of Hinds Co., Mississippi, C.A. No. 251-00-835CIV 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. Hardy Bros. Body Shop v. State Farm Mutual (S.D. Miss. 1992-1994) Successfully defended national insurer against antitrust and unfair competition challenge to its new nationwide auto damage claim policy. International Insurance Co. v. McMullan, U.S. District Court, S.D. MS, CA No. J84-0760 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 a 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. Minnesota Mutual v. Union Planters Bank (S.D. Miss. 2000-2009) Represented bank in bench trial of commercial paper claims; later settled. Prime Table Games LLC v. Shuffle Master Corp (SD MS 2008-2010) 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. Rutland v. Microsoft (Chancery Court of Washington Co., Miss. 2002-2004) Represented Microsoft in 26 individual lawsuits asserting violation of Mississippi Antitrust Act; most suits dismissed on motions for judgment on pleadings. SABHI, Inc. v. Becton Dickinson and Company and DIFCO Laboratories, Inc. (S.D. MS 2003-5) Successfully represented manufacturer in defense of trademark infringement suit over use of name applied to biological medium. Simeon Johnson, et al. v. AC and S, et al. (Circuit Court of Holmes Co., Miss. 2000-2002) Defended company, Quigley (Pfizer), in personal injury asbestos suit; began jury trial and settled. Whittington v. White (Circuit Court of Hinds Co., Miss. 2004-2009) Represented former officers and directors of technology company in defending securities claims.