David A. Furlow photo

Thompson & Knight LLP
333 Clay Street
Suite 3300
Houston, TX  77002
USA
713.653.8653
832.397.8253 (fax)
David.Furlow@tklaw.com

Practice

Trial

Appellate

Government

Employee Benefits (ERISA)

Oil and Gas

Franchise

Industry

Insurance

Sports, Entertainment, and Media Law

Education

J.D., 1983, with honors, The University of Texas School of Law, Order of Barristers; Phi Delta Phi; National Moot Court Team; First Place: Kemp, Smith, Duncan & Hammond Mock Trial, 1983; Board of Advocates, 1981-1984; Law Review and Review of Litigation, 1982-1984; study of international antitrust, arbitration, and business transactions at King's College, London

B.A., 1980, summa cum laude, The University of Texas at Austin, Phi Beta Kappa

Admissions

Texas

U.S. Ct. of App., Fifth Circuit

U.S. Ct. of App., Ninth Circuit

U.S. Ct. of App., Seventh Circuit

U.S. Dist. Ct., E. Dist. Texas

U.S. Dist. Ct., N. Dist. Texas

U.S. Dist. Ct., S. Dist. Texas

U.S. Dist. Ct., W. Dist. Texas

U.S. Supreme Ct.

Prior Experience

Prosecutor-Assistant District Attorney, Harris County District Attorney's Office

Adjunct Faculty, South Texas College of Law, 1988-1989

Assistant Scoutmaster, Troop 55, Houston Boy Scouts of America, certified merit badge instructor

Former Secretary, Archaeological Institute of America, Houston Chapter

Presented testimony before the Texas Legislature's House Judiciary and Civil Jurisprudence Committee in favor of

House Bill 670, the Free Flow of Information Act (a journalist shield law), in support of the Texas Broadcasters Association

Presented testimony before the Texas Senate's Intergovernmental Relations Committee regarding reform of Texas homeowner association and foreclosure laws on January 16, 2002 and May 28, 2002 at the invitation of Senator Jon Lindsay

 

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David A. Furlow

Partner, Houston

Practice Description

David A. Furlow employs his substantial experience as a prosecutor and civil attorney litigator to represent his clients in trial and appellate matters. His practice includes insurance defense and coverage, oil and gas, professional liability, restrictive covenant/homeowner associations, and general commercial litigation. Mr. Furlow has particular expertise in First Amendment cases involving the rights of individuals and business owners to engage in political and commercial free speech including signage, elections, and entertainment, in state, federal, and U.S. Supreme Court cases. He has also handled ERISA and retirement benefits litigation in state and federal courts and the U.S. Supreme Court. He brings a keen knowledge of history to the appellate, constitutional, and statutory cases he handles, and he actively participates in civic affairs, heritage organizations, and historical research, writing, and publication.

Mr. Furlow is Board Certified in Civil Appellate Law by the Texas Board of Legal Specialization.

Representations

  • Lead counsel in numerous cases involving First Amendment protections for business speech, advertising, solicitation, and signs, obtaining rulings in the U.S. Supreme Court, Fifth Circuit, and Texas Supreme Court

  • Orally argued Petitioner Kari Kennedy's ERISA case in the U.S. Supreme Court on October 7, 2008 in Kennedy v. Plan Administration for DuPont Savings Investment Plan, etc.

  • Represented an estate executor against an ad valorem taxing authority; succeeded in obtaining a reversal and rendition of the trial court's summary judgment decision

  • Represented an oil and gas company regarding a blowout policy; succeeded in obtaining a reversal of the trial court's summary judgment decision

  • Represented a client in obtaining a declaratory judgment and permanent injunction regarding the use of alleyways in the Houston Heights; rulings and a $100,000 declaratory judgment attorneys' fee award were affirmed by the appellate court

Distinctions/Honors

  • Texas Super Lawyers (Appellate, Civil Rights/First Amendment, General Litigation); 2004-2009

  • Top 100 Houston Region, Texas Super Lawyers; 2006, 2008-2009

Press Releases/In the News

Presentations/Publications

  • "Filing a Certiorari Petition in the U.S. Supreme Court," DRI-The Voice of the Defense Bar 2009 Annual Meeting, Appellate Committee Meeting, Chicago, Illinois, October 2009

  • "Recent Supreme Court Precedent and Its Progeny," Speaker, ERISA Litigation 2009 Seminar, Practising Law Institute (PLI), New York, New York, September 30, 2009

Activities

  • Fellow, Texas Bar Foundation

  • Member, Texas Association of Civil Trial and Appellate Specialists

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