David Genender represents plaintiffs and defendants in civil disputes relating to the energy, technology, private equity, professional services, real estate, and life sciences industries. Since beginning his career at Baker Botts in 1994, he has handled a wide variety of civil disputes, including misappropriation of trade secrets, patent infringement, antitrust, breach of contract, breach of fiduciary duty, fraud, environmental, product liability, post-acquisition accounting, royalty, and toxic tort matters. He has represented clients in class actions and multi-district litigation. In addition to representing clients in disputes, Mr. Genender routinely counsels clients regarding dispute resolution agreements, risk management, and other matters designed to minimize litigation risk and/or exposure.
Mr. Genender has served as first-chair trial counsel in federal and state courts as well as in arbitrations. Notable trial and arbitrations include a bet-the-company private equity arbitration in New York, an energy patent infringement jury trial, an arbitration against a former employee seeking forfeiture and damages in Oklahoma, and a trial against an institutional investor's partner for breach of contract and defense of dozens of counterclaims in state court in Houston. Mr. Genender has prosecuted appeals before state appellate courts in Texas and New York and before the United States Court of Appeals for the Fifth Circuit. He is also admitted to practice before the United States Supreme Court.
Mr. Genender has presented on topics including the CPA Witness in the COVID-10 Era, Is the Reptile Slithering Into Your Commercial Case, Reasonable Certainty and the AICPA Practice Aid, Staff Counsel, Lawsuit Economics, Electronic Discovery, and Best Practices for Minimizing Litigation Risk.
- International energy company – received eight-figure jury verdict in patent infringement litigation relating to downhole devices; investigation of misappropriation of trade secrets claims; received full award in arbitration against disloyal fiduciary
- Industrial equipment manufacturer – prosecution of trade secret claims in federal court
- Real estate investment fund and investment manager – granted complete defense award (including attorney's fees) in JAMS arbitration; defense of disputes with departing fiduciaries and disputes with development partners; ongoing business consultation relating to investment structures and related issues
- International pharmaceutical company – defense of product liability claims involving thousands of plaintiffs in multiple state courts and federal MDL
- International semiconductor company – defense of breach of license claims; prosecution of counterclaims to terminate license
- Institutional investor – defense of usurpation of corporate opportunities and related claims at trial and securing antisuit injunction to prevent further litigation
- Mining company – defense of derivative liability claims in bankruptcy based on subsidiaries’ asbestos-related litigation liability and prosecution of related estimation proceedings
- National law firm – defense of conspiracy and breach of fiduciary duty claims
- Thermal insulation manufacturer – defense of toxic tort claims throughout Texas
- Apartment complex owner – obtained summary judgment on toxic-mold claims
- National car dealership company – prosecution of breach of fiduciary duty/usurpation of corporate opportunities claims; defense and settlement of Texas class action claim
- National insurance company – defense of unauthorized practice of law claims
- International telecommunications company – prosecution and defense of claims relating to the sale of government contract business; successful defense of first attempts to bring company into asbestos litigation
- International beverage company – prosecution of antitrust and tortious interference claims
- Oil and gas company – defense of royalty claims and prosecution of related indemnity claims against gas purchaser
Awards & Community
Recognized as a Texas Super Lawyer (Thomson Reuters), 2003-2020
Recognized in Benchmark Litigation as a “Texas Local Litigation Star,” 2010-2020
D Magazine “Best Lawyers Under 40” in Dallas, 2002, 2004 & 2006
10th Circuit Dismisses Appeal of 2015 Rule Regarding Hydraulic Fracturing on Federal and Indian Lands in Light of Bureau of Land Management's Proposed RescissionClient Updates
Energy Litigation Update
On Thursday, August 10th, Baker Botts partners will provide a primer on best practices to minimize litigation risk and litigation issues facing in-house counsel.