David T. McDowell
Texas A&M University, B.B.A., cum laude, 1988
The University of Texas School of Law, J.D., with honors, 1994
David McDowell has served the litigation and trial needs of clients for over twenty years, and has handled matters in almost every state in the country. His focus is on financial services and energy litigation. David also has extensive experience in commercial litigation, appellate work, class action litigation, RICO and antitrust actions, and arbitrations. Since co-founding Edison, McDowell & Hetherington, LLP, David has acted as lead counsel in lawsuits across the country at both the trial and appellate court levels. In the last few years, David has tried cases in Texas, California and Minnesota and has argued cases before the Second, Fifth, Eighth, Ninth, Tenth and Eleventh Circuit Courts of Appeal, as well as state courts of appeal in Massachusetts, Missouri, Texas and New York. He currently represents clients in appellate matters pending before numerous federal and state appellate courts from coast-to-coast.
David has represented clients in regulatory and lobbying efforts in states from coast-to-coast. Over the past several years, David has represented a major industry trade organization before state legislative committees and legislative staffers in California, Delaware, Florida, Minnesota and South Dakota. He has also testified on behalf of clients before various state legislative panels and committees.
Outside his legal practice, David serves in various capacities at Providence Classical School and is an elder of Faithbridge Church. He enjoys watching and attending football games with his sons and traveling with his boys to baseball parks across the country (they have been to almost half of them).
Trial - Represented life insurer sued by hedge fund for alleged misconduct and bad faith regarding title to a large insurance policy. Following a trial in federal court in 2013, a Los Angeles, California jury returned a unanimous verdict for the client.
Trial - Represented life insurer sued by financial entity claiming a right to $10 million in life insurance proceeds. Following six day trial in Minnesota in 2013, a federal judge entered a decision in favor of client.
Trial - Represented a child and his parents against a national restaurant chain for damages arising out of a traumatic brain injury suffered at the restaurant. After 3 days of trial in Houston, the case settled on favorable terms.
Represents life insurer in putative class action as to whether a duty existed to search the Death Master File.
Represents life insurer in action seeking to invalidate a cost of insurance increase on universal life products. Case is pending in the U.S. District Court for the District of Connecticut
Represents financial services client in RICO action, in which antitrust claims are also asserted, brought by hedge fund alleging that the client purposely sought to destroy the value of hedge fund's investment. Case is pending in federal court in Connecticut.
Successfully defeated class certification in putative class action in California in which defendants were accused of engaging in a RICO conspiracy regarding the manner in which certain life insurance products were sold.
Represented major pipeline company in multi-million dollar fraud action against former employees and vendors resulting in $2.8 million judgment against defendants.
Represented defendant in putative class action in Illinois alleging the defendant improperly imposed premium charges for insurance that could not be provided by law.
Represented a corporate client in Lanham Act and trade secret theft actions involving technology used in the production of a certain chemical in China.
Represented client in product defect and breach of warranty action involving refinery product which allegedly caused millions in damage to a customer's refinery.
Acts as national and regional counsel for numerous financial service companies sued for their roles in various defined benefit pension plans and multi-employer welfare benefit plans across the country.
Successfully obtained dismissals of actions in Florida, Missouri, Nevada and Tennessee brought against life insurers sued for losses suffered by plaintiffs who invested in life insurance products with the intention of selling the policies on the secondary life settlement market.
Represented a corporate client in a putative national class action dismissed on the pleading involving the tax treatment of annuity payments generated by a pension plan.
Represented a former gas trader in mutimillion-dollar arbitration against a multinational bank.
“Stranger-Initiated Annuity Transactions and the Case for Insurable Interest” Connecticut Insurance Law Journal, Vol. 19, No. 1 (2012) (with T. Hetherington and K. Burr).
“Stranger-Initiated Annuity Transactions and the Case for Insurable Interest” NY Business Law Journal, Vol. 16, No. 1 (2012) (with T. Hetherington and K. Burr)
“STOLI: Hedging Insurable Interest,” published in connection with numerous conferences and panel discussions (2007-2012) (with T. Hetherington and J. Ganer)
“Fighting Itinerant Fraud in Life Insurance,” The Brief, Summer 2007.
“A New Litigation Target: Life Insurance Companies Funding Benefit and Pension Plans,” DRI Life, Health and Disability News, Fall 2006 (with T. Hetherington).
Note, “Death of an Idea: The Anencephalic as an Organ Donor,” 72 Texas Law Review 893, 1994.