Timothy S. Durst

Partner

tim.durst@bakerbotts.com

Dallas

P: +1.214.953.6816 F: +1.214.661.4816
Tim Durst Photo

Tim Durst is a Chambers-recognized, first-chair trial lawyer with years of courtroom experience handling complex and high-stakes disputes. He has taken to trial a wide-range of cases including patent, trade secrets, contract, fraud, and fiduciary duty disputes. He has tried cases in Texas and on both coasts, in state and federal court, and before arbitration panels. He has handled litigation in more than 20 different states and has worked within a variety of industries, including technology, energy, banking, retail, and health care.

Mr. Durst is the partner-in-charge of the Baker Botts Dallas office and has chaired the Dallas Trial Department. He leads high-performing litigation teams from start to finish by focusing on the client's objectives and mapping out an effective trial strategy, which then guides development of the case through discovery and trial. This yields a trial-ready case and frequently presents opportunities for litigated or negotiated business resolutions short of trial.

A recognized leader in the community service sphere, he enjoys being active in several different community and professional groups, including having served as chair of the national board of directors of the Leukemia & Lymphoma Society, chairing his college’s foundation board, and serving as trial counsel for court-appointed and pro bono cases, including for prisoner, indigent, and homeless litigants.

Mr. Durst has been a regular speaker and writer on litigation, IP, and business topics, including trial skills, professionalism, litigation strategy, evidentiary and pleading matters, sealing of courtrooms for trade secret litigation, and the litigation realities of partnership and joint venture formation.

Related Experience

The cases Mr. Durst has taken to trial include:

  • Patent cases related to telecommunication networks and devices, manufacturing processes, consumer products, and software, for clients including AT&T, Alcatel, PepsiCo, and a Fortune 500 global consumer products manufacturer
  • Complex commercial disputes involving breach of contract, business torts, fraud, fiduciary duty issues, and failed business deals for clients including EnLink, Shell, Ivanhoe Energy, and a start-up medical device company
  • Trade secrets defense and prosecution related to business and technical employee information, telecommunications technology, and manufacturing processes, for clients including a start-up international energy exploration company, a medical device/service company, Alcatel, and PepsiCo
  • Cases related to financial institutions, including fiduciary duty issues, government control/take-over, and fraud, for clients including a large investment firm, a bank, and government agencies
  • Injunction and other live-evidence final hearings related to intellectual property rights, preservation of financial situations, environmental conditions, government takeover of financial institutions, and municipal obligations to a homeless population

Mr. Durst's specific cases include the following:

  • Fluor Corporation/Del-Jen, Inc. – defended Del-Jen, Inc., a subsidiary of Fluor Corporation in qui tam false claims act case where court granted Del-Jen’s motion to dismiss for failure to state a claim
  • Utex Industries – ongoing patent and trade secret litigation between two private-equity backed competitors related to oil field services technology
  • 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 network operations, internet search and online directory services, location services, content filtering, wi-fi chips, home automation, and video processing, including favorable dispositive motion results
  • Samsung – defense of patent, trade secrets, and copyright claims in several cases involving a variety of technological areas related to mobile phones and other devices, smart-home, and virtual reality technologies, including dispositive motion successes
  • Chesapeake Energy, Ivanhoe Energy, EnLink, 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, tort, and intellectual property litigation
  • Alcatel - prosecution and defense of various commercial and intellectual property claims, including successful prosecution and defense of trade secrets and patent claims at trials
  • Liberty Interactive QVC – defense and resolution of numerous patent infringement cases and claims 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, 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

He has been trial counsel and lead litigation teams on a variety of matters, including:

  • Complex commercial disputes – contract and tort matters, 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 related to the internet of things, telecom, software, medical device, commodities trading, e-commerce, food and beverage, and consumer goods industries
  • Energy litigation – international and domestic disputes related to exploration and production, AMI clauses, 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; strategic analysis of climate change tort suits
  • 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

Awards & Community

Washburn University Alumni Fellow, 2010 (distinguished alumni award)

Recognized in Chambers USA for Litigation: General Commercial 2018-2019

Listed in The Best Lawyers in America, "Lawyer of the Year" 2020, (Woodward/White Inc.), 2007-2020

Recognized as a Texas Super Lawyer (Thomson Reuters), 2004-2019

Recognized by Dallas 500, The 500 Most Influential Business Leaders In Dallas-Fort Worth, 2017-2019

Recognized by Legal 500 as a leading lawyer in the area of IP litigation, 2007

Nonprofit Board Leader of the Year, Center for Non-Profit Management, 2014 (Excellence in Board Leadership, Finalist 2008)

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