David Bissinger

Trial lawyer specializing in commercial and financial disputes.

I practice commercial litigation with an emphasis on securities, financial, and energy industry disputes. I represent plaintiffs and defendants under a variety of fee arrangements, including hourly, contingency, and blended fees.

Born in Colorado and raised in Minnesota and Iowa, I obtained my B.A. from the University of Iowa in 1990 and my J.D. from Vanderbilt Law School in 1993. I am licensed to practice in all the Federal courts in Texas and the Fifth Circuit U.S. Court of Appeals.

Selected Cases

Diamond J. Equipment Int'l, L.L.C. v. Microbial Enhanced Oil Recovery, L.L.C. Filed motion for summary judgment before scheduling conference and obtained dismissal of this $6 million breach-of-contract and lost-profits claim arising out of MEOR's termination of distributorship agreement with Diamond J. Case heard by Judge Werlein in Houston Federal Court.

Icoworks Holdings, Inc. v. Network International, Inc., Premier Auctioneers International, Inc., and Craig Cannon v. De Bie Midland, Inc. Defended De Bie Midland, Inc. in complex tortious interference and fraudulent transfer case. Hired six weeks before trial. After a four-day trial, the jury returned verdict denying all claims against De Bie Midland, and Judge John Coselli entered judgment for De Bie Midland. (Lead counsel.)

Andrew Reid Municipal Bond Case. Represented claimant in NASD customer claim of securities fraud, unsuitable trading and investing, churning, and breach of fiduciary duty; broker used forged account transfers in taking a portfolio of millions of dollars in investment grade municipal bonds and degrading it into a portfolio consisting of obscure and speculative "junk." After an eight-day final hearing, an NASD arbitration panel awarded more than 100% of the claimant's out of pocket losses against respondent Corporate Securities Group, Inc. (n/k/a Wachovia Securities Financial Network). Three other respondent firms settled for confidential amounts. (Lead counsel.)

Desert Power, L.P. v. Teleflex, Inc., et al. (2004-05). Represented an independent power provider in a case involving a 60MW Hitachi/GE Frame 6B gas-fired turbogeneration facility. Claim involved allegations of fraudulent inducement, breach of contract, and breach of implied warranties in connection with the defendants' emissions reduction (generally known as "dry low NOx") combustion system. After Desert Power obtained "fast track" scheduling order and conducted focused pretrial discovery, case settled under confidentiality agreement. (Lead counsel.)

Representation of former energy merchant CFO (2002-2006). Representation of former chief financial officer of major energy merchant in connection with numerous proceedings, including formal SEC investigation, large shareholder class action, three federal ERISA class actions, state court derivative case, federal court derivative case, and other collateral matters.

Representation of former mutual fund officer (2004-05). Representation of former mutual fund chief investment officer in connection with the SEC's investigation regarding alleged market timing. Investigation was part of far-reaching and highly publicized regulatory inquiries of both the SEC and Eliot Spitzer, New York Attorney General.

Estate of Warren Altman. Represented defendants against claim of fraud, negligence, and DTPA seeking nearly $700,000 in damages over allegedly undisclosed termite damage. Hired five weeks before trial after two other law firms failed to settle the case. After week-long trial, jury awarded plaintiffs $39,200; defendants obtained offsetting recovery of $61,000 against Orkin, third party defendant. Defendants settled with plaintiffs for $61,000 to preclude any appeal. (Lead counsel.)

Enrique Perusquia/PaineWebber Cases. The Perusquia cases are reported to be the largest securities arbitration claim in the history of NASD arbitration. Dispute involved broker's falsified account statements to portray customers as holding blue chip stocks and bonds; in reality, broker had put the vast majority of customers funds in essentially one South American gold-mining company, which paid the broker large kickbacks. Broker forged countless powers of attorney, authorizations, checks, and other documents.

General Motors Rollover and Other Crashworthiness Cases. Defense of General Motors Corporation against allegations regarding rollover roof crush, rollover stability, and other crashworthiness issues. Trial counsel in Howell v. GM (Austin, Texas) and Williams v. GM (Anniston, Alabama); both defense verdicts.

Areas Of Practice:

Commercial Litigation
Securities Litigation and Arbitration

Bar Admissions:
Texas, 1994
Iowa, 1993
U.S. District Court Northern District of Texas
U.S. District Court Southern District of Texas
U.S. District Court Eastern District of Texas
U.S. District Court Western District of Texas
U.S. Court of Appeals 5th Circuit

Education:
J.D., Vanderbilt University School of Law, Nashville, Tennessee, 1993

Honors: Editor in Chief, Vanderbilt Journal of Transnational Law; Vanderbilt Moot Court Board, Member.

B.A., University of Iowa, 1990

Honors: Phi Beta Kappa; Collegiate Scholar