Stites & Harbison, PLLC

David Owsley is an attorney in the Louisville office and a member of the firm's Business Litigation Service Group. His practice focuses on complex commercial litigation, fiduciary duty and corporate governance litigation, patent litigation, antitrust litigation, trust and estate litigation, constitutional law, appellate practice, government and regulatory litigation, professional licensing board litigation, and legal ethics.

Recent Assignments

• Represented a group of consumers and commercial real estate brokers in a successful constitutional challenge under the Dormant Commerce Clause to “turf state” licensing laws that restricted interstate brokerage activities and impaired access to the national market for commercial real estate.  Also successfully defended several brokers from state licensing board discipline for alleged violations of the unconstitutional laws.  See:
  • 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)
  • 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)
• 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 a suit alleging unlawful price discrimination under antitrust laws.
• Successfully represented clients in several corporate governance and complex contract disputes.  See, e.g., Arco Aluminum, Inc. v. Novelis, Inc., 2008 U.S. Dist. LEXIS 11636 (D. Ky. 2008).
• Frequently advise entities on antitrust compliance and competition issues.
• Currently representing a global flavor company as a plaintiff in a lawsuit against a competitor for claims of patent infringement, false advertising, unfair competition, and tortious interference.  See:
  • 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., 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)

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.