David C. Schulte

David C. Schulte

  • 214.969.1314
    214.999.1581
  • 817.347.1700
    214.999.1581
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Partner

  • Thompson & Knight LLP
    One Arts Plaza
    1722 Routh Street, Suite 1500
    Dallas, TX 75201 USA
    214.969.1314
    214.999.1581
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David Schulte represents clients before federal and state trial courts in matters involving complex business litigation (including breach of contract, tortious interference, breach of fiduciary duty, fraud, negligence, and defamation, among other matters), intellectual property (including patent infringement and trade secret misappropriation), products liability, personal injury, governmental and environmental litigation, and aviation.  He has advised clients in a wide range of industries, including product design and manufacturing, aeronautics, financial institutions, telecommunications, and pharmaceuticals, among others.

In addition to his law practice, David Schulte served as the Firm-wide Hiring Partner for Thompson & Knight from May 2011 until February 2016.

Experience

Complex Business Litigation

  • Represented a heavy metal fabrication company (as plaintiff) in an international arbitration and related federal court action against a South American manufacturing company, involving allegations of breach of contract, fraud, tortious interference with existing and prospective contracts, and trade secret misappropriation; secured unanimous arbitration victory, consisting of preliminary injunction, permanent injunction, and final award, all confirmed by the federal court
  • Represented in federal court jury trial a national owner and operator of radio stations in employment litigation involving allegations of sexual harassment, discrimination, and retaliation, resulting in a complete defense verdict
  • Represented national law firm in state court jury trial involving allegations of legal malpractice and breach of fiduciary duty, resulting in plaintiff dismissing all claims on the third day of trial
  • Represented companies in the waste management industry (as plaintiffs) and obtained preliminary and permanent injunctive relief, on U.S. and Texas constitutional grounds, against the enforcement of a flow-control ordinance
  • Represented landowner-condemnee in three related state court condemnation proceedings, and obtained preliminary injunction and later summary judgment, on constitutional grounds, preventing condemnation of landowner's property by energy company-condemnor
  • Represent major aeronautics defense contractor in federal court litigation involving claims for fraud and alleged violations of FAR part 49
  • Represented fuel management company in federal court litigation involving claims for breach of contract and DTPA violations
  • Represent international commercial and residential real estate broker in federal court lawsuit involving claims for breach of contract
  • Represent marketing company in state court lawsuit involving claims for fraudulent inducement, breach of contract, quantum meruit, breach of fiduciary duty, and tortious interference
  • Represented major aeronautics defense contractor in federal court litigation involving claims for breach of contract and quantum meruit/unjust enrichment, and obtained summary judgment on threshold legal issue submitted to the Court on early cross-motions for summary judgment
  • Represented a major North Texas real estate agency in federal and state court litigation involving claims of tortious interference with existing and prospective business relations
  • Represented shareholder of a bank in an investigation initiated by the staff of the Securities and Exchange Commission (SEC)
  • Represented international technology company (as plaintiff) in state court litigation involving claims for breach of contract
  • Represented national arts and crafts specialty retailer (as plaintiff) in state court litigation involving claims of embezzlement
  • Represented an oil and gas company in multiple state court lawsuits involving claims of breach of contract
  • Represented the independent executor of the estate in a probate court matter involving allegations of undue influence and lack of mental capacity, as well as enforcement of an in terrorem (no contest) provision
  • Represented a major aeronautics defense contractor in federal court litigation instituted by an employee who asserted defamation claims in the employment context
  • Represented major aeronautics defense contractor in federal court litigation involving claims for negligence, negligent misrepresentation, breach of contract, defamation, slander, business disparagement, and quantum meruit
  • Represented shareholder (as plaintiff) in a state court lawsuit against a publicly traded company and its board of directors related to a proposed merger transaction; the lawsuit involved claims for declaratory and injunctive relief and breach of fiduciary duty
  • Represented supplier of safety equipment for the nuclear industry in federal court litigation involving claims for intentional interference with contract, aiding and abetting fraud, fraudulent transfer, and conspiracy
  • Represented sensor manufacturer in federal court lawsuit claiming breach of contract
  • Represented investor in oil-and-gas companies in related federal and state court lawsuits concerning the property taxation of portable drilling rigs
  • Represented financial institution in state court lawsuit related to an employee welfare benefit plan; the lawsuit involved claims for fraud, fraudulent inducement, negligence, negligent misrepresentation, breach of fiduciary duty, constructive trust, conspiracy, Texas Insurance Code violations, and unjust enrichment
  • Represented licensor (as plaintiff) of technology related to protective athletic equipment in state court litigation against licensee for breach of license agreement
  • Represented group of investors (as plaintiffs) who were the victims of a Ponzi scheme masked as an oil-and-gas investment project; obtained civil judgments in the group's favor, completed trial in an adversary proceeding in Bankruptcy Court, and represented the group in multiple post-judgment proceedings
  • Represented major aeronautics defense contractor in state court personal injury lawsuit involving claims for negligence, gross negligence, and premises liability
  • Represented funeral homes in multiple state court lawsuits involving claims of negligence, breach of contract, and DTPA violations
  • Represented relator-plaintiff in federal court qui tam action, under the False Claims Act, related to alleged fraudulent claims on the Centers for Medicare and Medicaid Services and the Federal Medicare Program
  • Represented chemical blender and supplier in federal court lawsuit and appeal, involving claims of negligence, breach of warranty, deceptive trade practices, and breach of contract; obtained dismissal of claims
  • Represented charitable remainder trust (as plaintiff) in suit for the construction and modification of a trust agreement
  • Represented a national concert promoter in state court litigation involving allegations of inducement to breach fiduciary duty, tortious interference with contract, conspiracy, and unjust enrichment
  • Represented a bank in state court litigation involving allegations of fraudulent transfer and conversion related to enforcement of a security interest
  • Represented financial institution in state court litigation and appeal related to claims for breach of a deposit agreement
  • Represented a bank in state court lawsuit related to a construction loan; lawsuit involved claims for breach of contract, fraud, tortious interference, negligence, and conspiracy
  • Represented a bank (as plaintiff) in state court litigation against borrower and guarantors related to claims for breach of loan and guaranty agreements 
     

Intellectual Property

  • Represented a designer and manufacturer of mining equipment in a federal patent infringement action involving four patents, two of which are related to the process for designing truck bodies, and two of which relate to features for water tanks; the case also involved allegations of false advertising
  • Represented the plaintiffs in multiple federal court patent infringement lawsuits against multiple defendants, including two lawsuits that were tried to a jury, related to infringement of four patents related to Power over Ethernet (PoE) technology
  • Obtained summary judgment in favor of the plaintiff, a manufacturer of fiberglass utility bodies for trucks, in federal court declaratory judgment action related to threatened intellectual property rights; obtained a finding from the federal court that the case was "exceptional," resulting in an award of attorneys’ fees
  • Defended international mobile-phone manufacturer in federal court patent infringement action relating to antenna configurations for wireless telephones
  • Defended mobile-phone manufacturer in federal court patent infringement claim involving two patents, relating to the physical configuration and capabilities of mobile handsets
  • Represented an international semiconductor company in prosecuting and defending major federal court patent litigation involving thirteen patents
  • Represented a pharmaceutical company in defense of claims in federal court lawsuit for trade secret misappropriation and trademark infringement
  • Defended software company in federal court lawsuit against trade secret claims

Personal Injury & Products Liability

  • Represented an international extrusion manufacturer in federal court litigation related to a helicopter accident; the litigation involved claims for contractual indemnity, statutory indemnity, breach of contract, breach of express and implied warranties, negligence, and negligent misrepresentation
  • Represented international railway company in federal court class action lawsuits involving claims for personal injury and property damages allegedly arising from a train derailment
  • Represent an international buyer/seller of crude oil and petroleum products in federal court litigation, consolidated in the Southern District of New York, involving alleged contamination of groundwater from the use of the MTBE gasoline additive
  • Represented a major aeronautics defense contractor in federal court lawsuit related to mobile surveillance equipment
  • Represented commercial airline in multiple federal and state court personal injury lawsuits arising from an accident
  • Represented insurer (as plaintiff) in FTCA suit against the Government related to a commercial airline accident
  • Represented multi-national developer of technology for the oil and gas industry in a wrongful death lawsuit arising from an accident at a refinery
  • Represent major aeronautics defense contractor in state court product liability litigation related to alleged TCE exposure
  • Represented family (as plaintiffs) in personal injury lawsuit in state court involving claims for negligence, negligence per se, and negligent entrustment
  • Represented pharmaceutical manufacturer and distributor in several wrongful death lawsuits filed in federal and state courts, involving claims of product liability and negligence
  • Represented manufacturer of a medical device (surgical sutures) in federal and state court lawsuits involving claims of products liability and negligence
  • Represented component part manufacturers of seatbelt assemblies in federal court litigation involving claims of products liability and negligence
  • Represented automotive brake manufacturers in national asbestos litigation

Civil Rights & Pro Bono

  • Federal court jury trial of federal civil rights case involving prison officials' failure to treat or adjust to prisoner’s advanced cardiac condition
  • Advised tenants at the Housing Crisis Center's legal clinic



Prior Experience

  • Law Clerk to the Honorable John McBryde, United States District Court Judge for the Northern District of Texas, 2002-2003
  • Judicial Extern to the Honorable Jorge Solis, United States District Court Judge for the Northern District of Texas, 2000
  • Adjunct Lecturer of Foreign Languages and Literatures, Southern Methodist University, 2000-2002

Distinctions/Honors

  • Texas Super Lawyers® by Thomson Reuters (Business Litigation); 2017

  • Texas Rising Stars® by Thomson Reuters (Business Litigation, Personal Injury Defense: Products, Banking); 2008-2016

  • "Lawyers on the Rise," Texas Lawyer; 2016

  • "Under 40 Hot List," Benchmark: Litigation, The Definitive Guide to America's Leading Litigation Firms & Attorneys; 2016

  • “Top Attorneys” (Civil Law-Litigation) by Fort Worth, Texas magazine; 2017

Activities (Memberships/Affiliations)

  • Life Fellow, Texas Bar Foundation

  • Life Fellow, Dallas Bar Foundation

  • Sustaining Life Fellow; DAYL Foundation; Member, Board of Trustees

  • Barrister, William "Mac" Taylor American Inn of Court

  • Member, Federal Bar Association

  • Member, The Federalist Society

  • Member, DRI-The Voice of the Defense Bar

  • Member, Texas Association of Defense Counsel (TADC)

  • Member, American Bar Association

  • Member, Hispanic National Bar Association

  • Member, Dallas Bar Association

  • Member, Tarrant County Bar Association

  • Member, DAYL Leadership Class

  • Member, Notre Dame Club of Dallas

  • Life Member, St. Thomas More Society (Dallas)

Civic

  • National Institute for Trial Advocacy (NITA) Programs
    • NITA Southern Regional Building Trial Skills Program: Faculty Instructor (June 2013-present)
    • NITA Southern Regional Deposition Program:  Faculty Instructor (June 2013-present)
    • NITA Teacher Training Program (November 2012)
  • Member, SMU Dedman School of Law Emerging Leader Board (2017-present)
  • Board Member, Housing Crisis Center (2010-2015)
  • Coach, SMU Dedman School of Law Moot Court Team for Hispanic National Bar Association Moot Court Competition, 2003-2011
    • Awarded SMU Board of Advocates Newcomer Moot Court Coach of the Year, 2003-2004