David Ball splits his practice primarily between bankruptcy/restructuring and intellectual property. He has experience representing both debtors and creditors in complex bankruptcy proceedings, with an emphasis on handling contested matters, and representing both plaintiffs and defendants in patent and trademark infringement matters. David’s understanding of complex products, varied industries, and financial analysis lends itself to both practice areas. He is routinely called upon to quickly understand different industries and the economics of clients’ businesses to work with financial advisors and expert witnesses. David has experience in Chapter 11, Chapter 15 and Chapter 9 bankruptcy matters, and has litigated numerous Chapter 11 matters – most recently Alta Mesa, MDC Texas Energy, ENXP, Optim Energy and Ahern Rentals – before the bankruptcy courts and federal appeals courts.
David utilizes his litigation background to draft IP agreements, patent licenses and joint collaboration arrangements involving the transfer and development of intellectual property rights. He also assists clients in conducting and complying with royalty audits and related disputes. David is also a member of the firm’s COVID-19 Crisis and Recovery Task Force, advising clients on various issues related to the impacts of the coronavirus pandemic, including matters related to the government’s stimulus loan programs.
Prior to joining Bracewell, David served as a clerk in the Southern District of New York for the Honorable William C. Conner and on the Tenth Circuit Court of Appeals for the Honorable Monroe G. McKay.
Recent Notable Matters
Wells Fargo Bank, N.A. — as administrative agent for the first lien lender group in the Alta Mesa Chapter 11 bankruptcy case
Natixis — as administrative agent for the first lien lender group in the MDC Energy LLC (d/b/a MDC Texas Energy) Chapter 11 bankruptcy case
Energy & Exploration Partners, LLC — Debtors in Chapter 11 proceedings resulting in the restructuring of more than $1 billion of funded debt enabling the company to emerge from Chapter 11 with a deleveraged balance sheet and new financing to support future operations. The transaction was named by Global M&A Network as the 2017 Turnaround Atlas Awards Turnaround of the Year ($1 billion‐$2 billion) Network.
Optim Energy, LLC — debtor in Chapter 11 proceedings, including the successful 363 sale of the Twin Oaks Plant to a unit of Blackstone Group and the confirmation of a plan of reorganization for the debtors’ other remaining power generation business
Ahern Rentals, Inc. — Noteholder group in Chapter 11 proceedings of Ahern Rentals, Inc. that resulted in a full recovery for the noteholders after the court agreed to terminate Ahern’s exclusive right to file a plan of reorganization. The M&A Advisor recognized this transaction in two categories in the 2014 Turnaround Awards, including as the Restructuring Deal of the Year (over $500 million to $1 billion).
CARES Act Loan Programs — advising lenders and borrowers on documenting and other aspects of the loan programs offered under the US Coronavirus Aid, Relief, and Economic Security Act (CARES Act)
HTC Corporation — Obtained a complete victory for consumer electronics company HTC in a trademark infringement case in the Eastern District of Virginia. Recently won a ruling entitling HTC to recover $1.5 million in fees based on the exceptional nature of the case.
Big Fish Games, Inc. — defense in patent infringement action involving eight patents, successfully invalidating all but one patent at the motion to dismiss stage
Toshiba Tec Corporation — asserting nine patents in infringement action against competitor related to toner cartridges
Valve Corp., HTC Corp. and HTC — defense in trademark litigation concerning virtual reality headset device
Toshiba Corp. and its subsidiaries — defense in an International Trade Commission patent infringement investigation concerning digital signal processing
Major European electronics manufacturer — disputes and audits arising out of its licensing of various technologies
B.E. Meyers & Co., Inc. — sued licensee of in breach of license agreement action to obtain right to perform audit and conducted the audit
International Trademark Association — authored Fourth Circuit amicus brief in Shammas v. Focarino concerning fees charged to trademark applicants
International Trademark Association — authored Supreme Court amicus brief in Hana Financial, Inc. v. Hana Bank on behalf of successful respondent
Multinational bank — obtained dismissal and affirmance on appeal before Eighth Circuit of class actions concerning mortgage practices
Creditor — successfully represented the client in bankruptcy litigation and appeals before 11th Circuit and Nevada Supreme Court arising out of collapse of billion-dollar casino construction project
Major retailer — internet taxation appeal before the New York Court of Appeals
Publications and Speeches
“Best Practices to Establish and Maintain a Proactive Royalty Compliance Program,” Association of University Technology Managers (AUTM), September 30, 2016.
“Patent Damage Pitfalls Await the Unprepared,” IP Magazine, September 2016.
“Trademark Tacking And What It Means For Your Brands,” World Trademark Review, August/September 2015.
“Brand Owners Can Make Trademark Tacking Stick,” Law 360, January 26, 2015.
“Reading the Tea Leaves on Cybersecurity Regulation," American Banker, November 26, 2014.
“IP Owners Beware: The Third Industrial Revolution is Upon Us” LawyerMade, September 2014.
“Expedited Procedures in New York Courts Guarantee Trial in Just Nine Months” Transaction Advisors, August 2014.
“Software patents survive Supreme Court's Alice decision, but questions linger” Westlaw Journal Computer and Internet, Vol. 32, Issue 3, July 2014.
“Delaware Court Clarifies Director and Officer Liability in M&A Transactions,” Transaction Advisors, July 2014.