David W. Elrod has more than 35 years of experience with trying complex commercial, business and bet-the-company cases.
His extensive trial background includes representing both companies and individuals in a wide variety of commercial and business litigation, including the prosecution and defense of claims relating to energy, oil and gas, insurance, real estate, bankruptcy, director and officer liability, indemnity, employee whistleblowers, professional malpractice, and fraud.
His experience includes being one of the few attorneys in Texas to defend a company by trying a civil RICO case to verdict—has earned him numerous distinctions. He has been recognized as a “Texas Super Lawyer” for twelve straight years, was included in a "Best Lawyers in Dallas" list in D Magazine, and in 2008 was named as one of only fifteen “Defenders” by the Dallas Business Journal. David is a Life Fellow of the Texas Bar Foundation and a Fellow of the American Bar Foundation, an honor accorded to less than one percent of attorneys licensed to practice in any jurisdiction.
Any awards listed are net of attorneys' fees and expenses.
- Represented several natural gas pipelines owned by TransCanada Pipelines in the Calpine bankruptcy proceedings filed in the U.S. Bankruptcy Court for the Southern District of New York, recovering over $400 million on their breach of contract claims.
- Represented Kern River Gas Transmission Company, a Berkshire Hathaway company, on its substantial breach of contract claim filed in the Mirant Corporation bankruptcy proceeding filed in the United States Bankruptcy Court for the Northern District of Texas, Fort Worth Division. Following an eight day trial, recovered $107 million for Kern River and $63.5 million for an affiliate of TransCanada Pipelines.
- Represented Gas Transmission Northwest Corporation in a two-week arbitration hearing in Portland, Oregon against SunGard Energy Systems. The arbitration panel entered a unanimous 3-0 award in favor of the corporation for $16.1 million, which included amounts that the client had paid SunGard on the project, plus attorneys’ fees. The dispute related to a failed project to develop custom software.
- Represented TransCanada Pipelines in the Androscoggin Energy, LLC bankruptcy proceedings filed in the U.S. Bankruptcy Court for the District of Maine, recovering more than $24 million for the client. The dispute related to the liquidation of the pipelines’ claims under long term contracts for natural gas transportation.
- Defended U.S. Brass Corporation as lead counsel against $1 billion in potential losses arising from a country-wide product defect recall. Negotiated a settlement that was less than 3% of the potential loss.
- Represented two clients in an oil and gas trade secrets dispute, obtaining $1.8 million judgment for clients against large international bank and its affiliate, as well as over $470,000 in attorneys' fees and expenses awarded, affirmed on appeal at the Eighth Circuit Court of Appeals.
- Represented Southern Pacific Transportation Company, St. Louis Southwestern Railway Company and Union Pacific Railroad in personal injury and property damage class actions arising out of arsenic contamination of the soil and water in Commerce, Texas.
- Represented an energy company in a federal RICO case and obtained a defense verdict after a six-week jury trial.
- Obtained what was, at the time, the largest judgment ever issued in the Bankruptcy Court for the Eastern District of Texas in an oil and s dispute. See Matter of Fender, 12 F.3d 480 (5th Cir. 1994).
- Represented the plan trustee and handled litigation related to the Murchison bankruptcy from 1987 to 1995. The bankruptcy proceeding was one of the largest personal bankruptcies in Dallas at the time.
- Prosecuted claims against a well-known ranch resort in West Texas for destroying a neighboring landowner’s ranch when a controlled burn left the resort property. The case involved unique damage issues relating to the intrinsic value of ranch land returned to its native state.
- Represented Great Lakes Gas Transmission in jury trial to verdict of suit for breach of natural gas transportation contract in the U.S. District Court for the District of Minnesota.
- Represented TransCanada Keystone Pipeline in arbitration proceeding involving claims for construction cost overruns related to construction of the Nederland Delivery Station in southeast Texas. Favorable outcome before the International Chamber of Commerce Court of Arbitration, which rejected the contractor’s claim for $18 million in cost overruns and found client was entitled to $1.6 million in damages.