Concentration

Complex Litigation Matters: business, intellectual property and energy litigation, corporate governance and securities investigations and disputes

Summary

Tim Durst primarily represents clients in complex business and intellectual property litigation. He has tried cases and handled appeals in state and federal courts and before arbitration panels, representing plaintiffs and defendants and has represented clients in proceedings before governmental authorities.

Mr. Durst handles business litigation and disputes involving a range of issues, such as fraud claims, contract matters, shareholder and securities suits, internal corporate and governmental investigations and professional liability. He has represented clients in a variety of industries, including significant work with energy, banking, retail and technology concerns.

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, professional service and manufacturing companies and firms in technology and intellectual property disputes.

Mr. Durst is active in community and professional groups, including serving as vice chair of the national board of directors of the Leukemia & Lymphoma Society. He has been named a "Texas Super Lawyer" by Law & Politics and has received other accolades for his professional and community service accomplishments.

Representative Engagements

• Business litigation－variety of contract and tort matters, including, for example, disputes related to licensing, failed business deals, fraud, convertible indentures and private equity investments
• Patent owners and alleged infringers－prosecution and defense of patent infringement claims, including for clients in the internet, telecom, software, medical device, commodities trading and consumer goods industries
• 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
• Publicly traded companies－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
• 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)
• PepsiCo－defense of trade dress and patent infringement claims asserted by Coke
• Fluor Corporation－successful prosecution of declaratory judgment action against Citadel hedge fund related to convertible indentures
• AT&T－defense of patent infringement litigation related to internet search and online directory services
• Receiver for Stanford Financial Group－representation of the Receiver who was placed in charge of a multi-billion enterprise accused by the SEC of operating a "ponzi-like" investment scheme
• SuperMedia/Idearc (former Verizon subsidiary)－defense and successful resolution of patent holding company patent infringement suit targeting SuperPages.com
• Alcatel-Lucent－lawsuits centering on intellectual property and commercial issues, including successful resolution of a trade secrets misappropriation case alleging $1 billion in damages and successful jury trial defense of patent claims asserted by Microsoft
• Talisman Energy－successful prosecution of litigation against Chinese National Offshore Oil Co. to secure rights in substantial Indonesian LNG facility
• Shell, Crosstex, Ivanhoe Energy and other petroleum companies－commercial litigation related to the domestic and international exploration, production, processing, and marketing of natural gas, including successful trial and dispositive motion results
• Verizon (and GTE Corporation)－patent infringement litigation; defense of a major consumer class action case
• 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
• Advanced Neuromodulation Systems (division of St. Jude Medical)－patent and trade secret litigation and arbitration against Boston Scientific
• Great Hill Partners－successful defense of private equity transaction in commercial litigation
• i2 Technologies－numerous litigation matters relating to intellectual property rights and commercial disputes, and defense of shareholder class action and derivative suits

Publications, Speeches and Presentations

Publications

• "Federal Pleading," Federal Courts Practice Course Materials, State Bar of Texas, May 2011 (Jennifer Becker, co-author)
• "How to Keep Trade Secrets 'Secret' During Litigation," National Law Journal, December 2000 (Cheryl L. Mann, co-author)
• "Behind Closed Doors: Closing the Courtroom in Trade Secrets Cases," Texas Intellectual Property Law Journal, Spring 2000 (Cheryl L. Mann, co-author)
• "The Hearsay Rule and Its Exceptions: A Roadmap to the Admission of Evidence," Course Materials, University of Houston, August 1997
• "Evidence Update," Course Materials, University of Houston, August 1996

Speeches and Presentations

• "Federal Pleading," Federal Courts Practice Seminar Panel, State Bar of Texas, May 2011
• "Ethics in E-Discovery: The Duty to Preserve," Client CLE presentation with John Lawrence, January 2011
• "Deal, Dispute or No Deal," PwC Alumni Webcast and Practicing Law Institute webcast, January and March 2010 (relating to MAC clauses)
• "Potential Damages and Defenses Relevant to Contract Claims Arising Out of an Economic Downturn," Client CLE presentations June and September 2009
• Honing Trial Skills (direct and cross examinations, opening statements, closing arguments, working with experts), various in-house CLE presentations to trial lawyers, 2001-2011
• "Avoiding Antitrust Risk When Settling Intellectual Property Litigation," 42nd Annual Conference on Intellectual Property Law, Center for American and International Law, Plano, Texas, November 2004
• "Open Courts vs. Secret Information," Litigation in the High-Tech Industry, State Bar of Texas, San Antonio, March 2004
• "Infringement Letters, Declaratory Judgments, and Vornado," Dallas-Fort Worth Intellectual Property Law Association, Dallas, May 2003
• "Winning Negotiation Techniques: A Litigation Perspective," Annual In-House Symposium: Hot Topics and Cool Skills, American Corporate Counsel Association, Dallas, May 2002
• "The Hearsay Rule and Its Exceptions: A Roadmap to the Admission of Evidence," University of Houston, Houston, August 1997
• "Evidence Update," University of Houston, Houston, August 1996