Related Information
Education
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Washington University School of Law
J.D. 2004
Executive Articles Editor, Wash. U. L.Q.; Scholar at Law Scholarship; Judge Myron D. Mills Award; A.B.A. Urban, State & Local Government Law Prize; Book Awards in Evidence, Immigrants' Rights, and State and Local Government; Appellate Clinic (assisted drafting amicus brief to United States Supreme Court in Tenn. Student Assistance Corp. v. Hood, 541 U.S. 440(2004)); International Public Interest Stipend Program: South Africa (Summer 2002); Honor Scholar Award; Dean's List
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University of Virginia
B.A. 2000
Cognitive Science and Psychology
Emphasis on language cognition, visual perception, and neural networks; Foreign Study - University of Valencia, Spain; Zeta Beta Tau Fraternity, Executive Board; McIntire Business Institute at the School of Commerce
Admissions
Kentucky
U.S. District Court for the Eastern District of Kentucky
U.S. District Court for the Western District of Kentucky
U.S. Court of Appeals for the 6th Circuit
Service Areas
- Alternative Dispute Resolution
- Antitrust, Consumer Protection & Attorney General Defense
- Appellate Advocacy
- Business Litigation
- Fiduciary Duty, Trade Secret and Unfair Competition Litigation
- Class Action, Mass Action & Multi-District Litigation
- Commercial Disputes - Contracts and Business Torts
- Complex / Large Litigation
- Company Management, Governance and Control Litigation
- Financial Services Litigation
- Government and Regulatory Litigation
- Intellectual Property Litigation
- Professional Liability (Non-Medical Professionals)
- Real Estate & Land Use Litigation
Industry Experience
- Energy
- Real Estate / Real Estate Development
- Government Procurement & Contracts
- Not For Profit & Professional / Trade Organizations
- Consumer Products / Food / Beverage
- Industrial / Manufacturing Facilities
- Banking / Financial Services
- Financing
- Chemical & Allied Products / Plastics
- Technology / Hardware / Software
- Wholesalers / Distributors
Memberships
- American Bar Association
- Kentucky Bar Association
- Louisville Bar Association
Community Involvement
- Legal Aid Society, volunteer attorney
David Owsley is a Member in the firm's Louisville office. He practices in the Business Litigation Service Group, focusing on complex commercial litigation, fiduciary duty and corporate governance litigation, intellectual property litigation, eDiscovery, antitrust litigation, trust and estate litigation, constitutional law, appellate practice, government and regulatory litigation, professional licensing board litigation, legal ethics, mediation, and arbitration.
Recent Assignments
- Obtained a $40 million settlement for global flavor company V. Mane Fils (www.mane.com) in a lawsuit against a competitor for claims of patent infringement, false advertising, unfair competition, and tortious interference. See:
- NEW YORK TIMES, IFF and Mane Announce Settlement of Mane’s Lawsuit Concerning Monomenthyl Succinate (December 29, 2011)
- V. Mane Fils S.A. v. Int'l Flavors & Fragrances, Inc., 249 F.R.D. 152 (D.N.J. 2008), reported in NEW JERSEY LAW JOURNAL, Use of Attorneys' Letters To Woo Business Held To Waive Privilege (March 5, 2008)
- V.Mane Fils S.A. v. Int'l Flavors & Fragrances, Inc., 2011 U.S. Dist. LEXIS 38637 (D.N.J. Apr. 8, 2011)
- V. Mane Fils S.A. v. Int'l Flavors & Fragrances, Inc., 2008 U.S. Dist. LEXIS 49578 (D.N.J. June 23, 2008)
- V. Mane Fils S.A. v. Int'l Flavors & Fragrances, Inc., 2008 U.S. Dist. LEXIS 63619 (D.N.J. Aug. 19, 2008)
- V. Mane Fils S.A. v. Int'l Flavors & Fragrances, Inc., 2008 U.S. Dist. LEXIS 82540 (D.N.J. Oct. 15, 2008)
- V. Mane Fils S.A. v. Int'l Flavors & Fragrances, Inc., 2009 U.S. Dist. LEXIS 56462 (D.N.J. July 1, 2009)
- V. Mane Fils S.A. v. Int'l Flavors & Fragrances, Inc., 2010 U.S. Dist. LEXIS 45645 (D.N.J. May 6, 2010)
- Successfully represented a group of consumers and commercial real estate brokers in a constitutional challenge under the Dormant Commerce Clause to “turf state” laws that restricted interstate brokerage and impaired the national market for commercial real estate. Also successfully defended brokers from state licensing board discipline for alleged violations of the unconstitutional laws. See:
- GLOBE STREET, Marcus & Millichap Wins 'Turf State' Lawsuit (September 13, 2007) (“The entire industry is expected to benefit from the victory in a federal lawsuit challenging Kentucky’s law prohibiting cooperation with out-of-state brokers”)
- WALL STREET JOURNAL, Turf Ruling & Dormant Commerce Clause Violators . . . Beware Kentucky! (September 12, 2007)
- Marcus & Millichap Real Estate Inv. Brokerage Co. v. Skeeters, 395 F. Supp. 2d 541 (W.D.Ky. 2005)
- River Oaks Mgmt. v. Brown, 2007 U.S. Dist. LEXIS 65286 (W.D. Ky. 2007)
- LexCin Ptnrs, Ltd. v. Newmark S. Region, LLC, 2009 Ky. App. Unpub. LEXIS 638 (Ky. Ct. App. July 31, 2009)
- Successfully represented clients in corporate governance and complex contract disputes. See, e.g., Arco Aluminum, Inc. v. Novelis, Inc., 2008 U.S. Dist. LEXIS 11636 (D. Ky. 2008).
- Successfully defended financial institutions in complex trust and estate cases involving breach of fiduciary duty claims.
- Successfully defended a business against a putative environmental class action.
- Successfully defended a manufacturer in an antitrust suit alleging unlawful price discrimination.
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Frequently advise entities on antitrust compliance and competition issues.
Recent Speaking Engagements and Publications
- "Accepting the Dual Sovereignty Exception to Double Jeopardy: A Hard Case Study," 81 Wash. U. L.Q. 765 (2003)
- "State Restrictions on Undocumented Noncitizens: The Interplay of Equal Protection, Federal Preemption and Federal Exclusivity"
Before Stites & Harbison
During the summer of 2002, Dave worked for a law clinic in South Africa. Before law school, Dave worked as a research assistant and for a dot-com startup. He also completed the McIntire Business Institute program at the University of Virginia School of Commerce.
More Than Stites & Harbison
Dave has volunteered for the Legal Aid Society in representing individuals and families in housing related issues and forcible detainer actions.
Besides Stites & Harbison
Dave is SCUBA certified and enjoys travel. He has backpacked extensively in countries in Africa, Central America, Asia, and Europe.