Tim Durst is a trial lawyer. He is the partner in charge of the Dallas office of Baker Botts and the former Chair of the Dallas Trial Department. His practice focuses on complex business, intellectual property and energy litigation. He has tried cases in state and federal courts and before arbitration panels, and has defended clients in disputed matters before governmental authorities.
Mr. Durst has represented defendants and plaintiffs in a variety of industries, including significant work with energy, technology, banking, retail and health care concerns. His business litigation cases have involved a range of issues, such as fraud claims, contract matters, shareholder and securities suits, internal corporate and governmental investigations, environmental claims, qui tam assertions, and professional liability.
Mr. Durst has substantial experience in patent and trade secret litigation, including patent infringement lawsuits, claims relating to misappropriation of trade secrets, and patent misuse and patent-related antitrust claims. He has represented telecom, oil and gas, internet, software, consumer goods, medical device, e-commerce, food and beverage, professional service and manufacturing companies and firms in technology and intellectual property disputes.
Mr. Durst's energy litigation experience includes international and domestic disputes involving exploration, production, processing and marketing of natural gas and oil. The clients that have engaged him range from the majors to large and small independents.
Mr. Durst is active in community and professional groups, including having served as chair of the national board of directors of the Leukemia & Lymphoma Society. He has received many accolades for his professional and community service accomplishments.
Areas of Experience:
- Complex commercial litigation-variety of contract and tort matters, including, for example, disputes related to corporate governance, licensing, failed business deals, fraud, convertible indentures, private equity investments, regulatory enforcement, environmental damages, and construction projects
- Patent owners and alleged infringers-prosecution and defense of patent infringement claims, including for clients in the internet, telecom, software, medical device, commodities trading, e-commerce, food and beverage and consumer goods industries (including Multi-District Litigation proceedings); defense of claims brought by patent holding and non-practicing entities
- Energy litigation-international and domestic disputes related to exploration and production, investments, production sharing contracts, joint ventures, LNG facilities and other contracts and plant issues; he has represented clients with respect to disputes involving assets in the U.S., Africa, Asia and Central and South America
- Trade secret litigation-assertion and defense of misappropriation claims and injunction proceedings in a variety of industries and contexts (including theft of secrets in China and cases involving movement of employees and non-compete agreements)
- Environmental claims - defense of clean-up cost recovery actions and MTBE litigation
- Publicly traded companies- change of control litigation, hedge fund litigation, class action securities litigation, shareholder derivative litigation, state securities law claims and internal and government investigations
- Professional liability defense-representation of two major law firms in defense of claims arising from their handling of patent litigation
- Fluor Corporation/Del-Jen, Inc. – defense of a qui tam complaint against Del-Jen, Inc., a subsidiary of Fluor Corporation. Relators alleged that Del-Jen had submitted false claims to the U.S. Government in relation to the operation of the North Texas Job Corps Center. The complaint set out claims of fraud and conspiracy to submit false claims. Ruling that the complaint failed to plead enough facts to state a valid claim for relief, the district court dismissed the action with prejudice and entered judgment taxing costs against Relators.
- PepsiCo (and affiliates Tropicana and Frito-Lay) – defense of trade dress and patent infringement claims asserted by Coke and assertion of claims against store-brand snack manufacturer
- AT&T – defense verdict in patent jury trial and resolution of multiple patent infringement cases, including claims related to internet search and online directory services, wi-fi chips and video processing, including favorable dispositive motion results
- Samsung – defense of patent, trade secrets, and copyright claims in a variety of technological areas related to mobile phones and virtual reality technologies
- Chesapeake Energy, Ivanhoe Energy, Crosstex, Shell and other petroleum companies – commercial litigation related to corporate governance issues and the domestic and international exploration, production, processing, and marketing of natural gas and oil, including favorable trial and dispositive motion results and seven figure recoveries of defense fees
- Fluor Corporation – prosecution of declaratory judgment action against Citadel hedge fund related to convertible indentures, with summary judgment ruling in Fluor’s favor and appellate court affirmance (plus fees recovery) and defense of commercial, qui tam, tort, and intellectual property litigation
- Liberty Interactive and QVC – defense and resolution of numerous patent infringement cases related to e-commerce, online sales and retail products
- YP.com and SuperMedia/Idearc (former Verizon subsidiary) – defense and favorable resolution of patent holding company patent infringement suits targeting online directories and other service offerings
- Hunt Oil Co. – representation in U.S. litigation matters related to overseas interests
- Talisman Energy – prosecution of litigation against Chinese National Offshore Oil Co. resulting in Talisman securing rights in substantial Indonesian LNG facility
- Amerada Hess Corporation – misappropriation of trade secrets lawsuit against former employees and a start-up company, with settlement resulting in an injunction limiting the scope of the new business
- Great Hill Partners – defense and favorable resolution of private equity transaction in commercial litigation
- Advanced Neuromodulation Systems (division of St. Jude Medical) – patent and trade secret litigation and arbitration against Boston Scientific
Awards & Community
Washburn University Alumni Fellow, 2010 (distinguished alumni award)
Recognized by Legal 500 as a leading lawyer in the area of IP litigation, 2007
Listed in The Best Lawyers in America, (Woodward/White Inc.), 2007-2017
Recognized as a Texas Super Lawyer, (Thomson Reuters), 2004-2016
Nonprofit Board Leader of the Year, Center for Non-Profit Management, 2014 (Excellence in Board Leadership, Finalist 2008)
Recognized by Dallas 500, The 500 Most Influential Business Leaders In Dallas-Fort Worth, 2017
Recognized by D Magazine, D Magazine's 2017 Best Lawyers, 2017
Publications, Speeches & Presentations
Appellate Reversal in Enterprise Products Partners LP v. Energy Transfer Partners LP: What Does It Mean for Energy Companies in Texas?Webinars - Recorded
Energy Litigation Update