David C. Schulte
Partner
David C. Schulte
214.964.9419
Overview
David Schulte is a litigation attorney in Holland & Knight's Dallas office. Mr. Schulte focuses on complex commercial litigation, handling high-stakes matters for large and middle market clients.
Mr. Schulte has broad trial experience in complex and general commercial litigation matters and includes claims for breach of contract, tortious interference, fraud and breach of fiduciary duty, among others. He represents clients before federal and state trial courts as well as in domestic and international arbitrations.
In addition to commercial litigation, Mr. Schulte defends clients' intellectual property (IP) rights and to assert and defend patent infringement and trade secret misappropriation claims. He also has deep experience with comprehensive product liability matters. He has experience representing companies in wrongful death and catastrophic personal injury litigation along with representation of clients in governmental, environmental and aviation matters.
Mr. Schulte advises clients across a wide range of industries, including financial institutions, aeronautics, transportation, product design and manufacturing, telecommunications and pharmaceuticals, among others.
Prior to joining Holland & Knight, Mr. Schulte was a partner in the litigation section of a large Dallas-based law firm, and he served for five years as the firmwide hiring partner.
After graduating from law school, Mr. Schulte served as a judicial law clerk for the Honorable John H. McBryde of the U.S. District Court for the Northern District of Texas, Fort Worth Division. During law school, he served as a judicial extern to the Honorable Jorge A. Solis of the U.S. District Court for the Northern District of Texas, Dallas Division.
Representative Experience
- 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 a 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 a 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 a 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
- Represented a major aeronautics defense contractor in federal court litigation involving claims for fraud and alleged violations of Federal Acquisition Regulations (FAR) part 49
- Represented a manufacturer and marketer of gyrocam systems in federal court litigation involving claims for product liability, breach of express warranty, breach of the implied warranties of fitness and of merchantability, breach of contract, and violations of the Texas Deceptive Trade Practices Act (DTPA)
- Represented a financial institution in several related federal and state court lawsuits to enforce security interest in accounts receivable against competing claimants
- Represented an owner of commercial real estate in multiple state court lawsuits involving claims for breach of contract, fraud, negligent misrepresentation and breach of warranty
- Represented a financial institution in several related state court lawsuits involving declaratory judgment claims to defend and enforce the financial institution's security interests
- Represented a manufacturer of ink products in state court litigation involving claims for a declaratory judgment, money had and received, breach of contract and negligence
- Represented financial institutions in multiple state court receivership lawsuits
- Represented a global tanker shipping company in state court lawsuit involving claims for breach of contract, violation of the Texas Harmful Access by Computer Act (HACA) and gross negligence
- Represented a hotel management company in state court lawsuit involving claims for breach of contract, conversion, violation of the Texas Theft Liability Act and breach of fiduciary duty
- Represented a leading provider of rooftop solar panels in setting aside improper default judgment in state court lawsuit involving claim for breach of the Texas Deceptive Trade Practices Act (DTPA)
- Represented a financial technology (FinTech) company in a state court lawsuit involving claims for trade secret misappropriation and enforcement of restrictive covenants
- Represented an organic dairy broker in a federal court lawsuit involving claims for breach of contract
- Represented a national hotel in a federal court lawsuit involving civil rights claims
- Represented a full-service global footwear company in a state court lawsuit involving claims for fraudulent inducement, breach of contract, negligence, negligent supervision, breach of fiduciary duty, unjust enrichment, tortious interference, conversion and statutory theft
- Represented a company that provides financing assistance on lighting retrofit projects in state court litigation involving claims for breach of contract
- Represented a private equity firm in state court litigation involving one of its portfolio companies; the litigation involved prosecuting claims for trade secret misappropriation, breach of fiduciary duty, theft of personal property under the Texas Theft Liability Act, unjust enrichment/quantum meruit and conspiracy, as well as defending against claims for tortious interference with existing and prospective business relations and for a declaratory judgment
- Represented a company engaged in the business of transloading and storing frac sand in state court breach of contract lawsuit
- Represented a major shopping mall in state court litigation involving claims for negligent demolition and construction activities
- Represented a national real estate investment firm in federal court breach of contract lawsuit
- Represented a fuel management company in a federal court litigation involving claims for breach of contract and Texas Deceptive Trade Practices-Consumer Protection Act (DTPA) violations
- Represented an international commercial and residential real estate broker in federal court lawsuit involving claims for breach of contract
- Represented a marketing company in state court lawsuit involving claims for fraudulent inducement, breach of contract, quantum meruit, breach of fiduciary duty and tortious interference
- Represented a major aeronautics defense contractor in federal court litigation involving claims for breach of contract and quantum meruit/unjust enrichment and obtained a 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 a shareholder of a bank in an investigation initiated by the staff of the U.S. Securities and Exchange Commission (SEC)
- Represented an international technology company, as plaintiff, in state court litigation involving claims for breach of contract
- Represented a 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 a 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 a 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 a 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 a sensor manufacturer in federal court lawsuit claiming breach of contract
- Represented an investor in oil-and-gas companies in related federal and state court lawsuits concerning the property taxation of portable drilling rigs
- Represented a 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 a licensor, as plaintiff, of technology related to protective athletic equipment in state court litigation against licensee for breach of license agreement
- Represented a 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 U.S. Bankruptcy Court, and represented the group in multiple post-judgment proceedings
- Represented a major aeronautics defense contractor in state court personal injury lawsuits 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 a relator-plaintiff in federal court qui tam action, under the False Claims Act (FCA), related to alleged fraudulent claims on the Centers for Medicare and Medicaid Services (CMS) and the Federal Medicare Program
- Represented a 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 a 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 a 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
- Represented the owner and operator of indoor go-kart racing facilities and other related entertainment experiences in federal court litigation involving claims of breach of contract, suit on a sworn account and quantum meruit
- Represented a financial institution, as plaintiff, in federal court litigation to enforce guaranty agreements against guarantors
- Represented a private equity firm in three related federal court Fair Labor Standards Act (FLSA) lawsuits involving one of its portfolio companies
- Represented the owner and operator of a golf school in state court litigation involving claims over easement rights and a claim for tortious interference with prospective business relations
- Represented executives in state court litigation involving claims of alleged breaches of a purported non-competition agreement, trade secret misappropriation, Texas Theft Liability Act (TTLA), conversion, tortious interference and conspiracy
- 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 related to features for water tanks; the case also involved allegations of false advertising
- Represented a manufacturer of LED tube lamps in federal court patent infringement case that was tried to a jury, related to the alleged infringement of three patents
- 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 a 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 and costs
- Represented a bulk material logistics provider as the plaintiff in a federal patent infringement lawsuit related to the defendant's bulk materials containers and defended assorted state law counterclaims
- Defended an international mobile-phone manufacturer in federal court patent infringement action relating to antenna configurations for wireless telephones
- Defended a 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 13 patents
- Represented a pharmaceutical company in defense of claims in federal court lawsuit for trade secret misappropriation and trademark infringement
- Defended a software company in federal court lawsuit against trade secret claims
- Represented a national owner and operator of radio stations in a federal court copyright infringement lawsuit
- Represented an international extrusion manufacturer in federal court litigation related to a helicopter accident; the litigation involved claims for contractual and statutory indemnity, breach of contract, breach of express and implied warranties, negligence and negligent misrepresentation
- Represented an international railway company in federal court mass action/class action lawsuits involving claims for personal injury and property damages allegedly arising from a train derailment in Canada
- Represented an international buyer/seller of crude oil and petroleum products in federal court litigation, consolidated in the U.S. District Court for the Southern District of New York, involving alleged contamination of groundwater from the use of the methyl tert-butyl ether (MTBE) gasoline additive
- Represented a commercial airline in multiple federal and state court personal injury lawsuits arising from an accident in Colorado
- Represented an insurer, as plaintiff, in Federal Tort Claims Act (FTCA) suit against the government related to a commercial airline accident in Colorado
- Represented and secured dismissal of all claims against a multinational developer of technology for the oil and gas industry in a wrongful death lawsuit arising from a fatality at a refinery
- Represented and secured dismissal of all claims against a property owner in a federal court wrongful death lawsuit related to an electrocution of a contractor on the property owner's premises
- Represented a major aeronautics defense contractor in state court product liability litigation related to alleged trichloroethylene (TCE) exposure
- Represented a pharmaceutical manufacturer and distributor in several wrongful death lawsuits filed in federal and state courts involving claims of product liability and negligence
- Represented a manufacturer of a medical device (surgical sutures) in federal and state court lawsuits involving claims of product liability and negligence
- Represented component part manufacturers of seatbelt assemblies in federal court litigation involving claims of product liability and negligence
- Represented a manufacturer of all-terrain vehicles (ATVs) in a federal court product liability lawsuit
- Represented automotive brake manufacturers in national asbestos litigation
- Represented a family, as plaintiffs, in personal injury lawsuit in state court involving claims for negligence, negligence per se and negligent entrustment
- Represented a client in federal court jury trial of a federal civil rights case involving prison officials' failure to treat or adjust to the client's advanced cardiac condition
- Advised tenants at the Housing Crisis Center's legal clinic
Credentials
Education
- Southern Methodist University Dedman School of Law, J.D., cum laude
- University of Notre Dame, M.A., Spanish Literature
- University of Notre Dame, B.A., Spanish Literature, Psychology, cum laude
Bar Admissions/Licenses
- Texas
Court Admissions
- U.S. Supreme Court
- U.S. Court of Appeals for the Fifth Circuit
- U.S. Court of Appeals for the Federal Circuit
- U.S. District Court for the Northern District of Texas
- U.S. District Court for the Eastern District of Texas
- U.S. District Court for the Southern District of Texas
- U.S. District Court for the Western District of Texas
- U.S. District Court for the District of Colorado
- U.S. District Court for the Central District of Illinois
- Texas Supreme Court
- All U.S. District Courts in Texas
- All State Courts in Texas
- All Federal Courts in Texas
- All Appellate Courts in Texas
Memberships
- Texas Bar Foundation, Sustaining Life Fellow
- Dallas Bar Foundation, Life Fellow
- Dallas Association of Young Lawyers (DAYL) Foundation, Sustaining Life Fellow; Fellows Officer, 2017-Present; Board of Trustees, 2013-2015; Leadership Class of 2006
- Southern Methodist University Dedman School of Law, Emerging Leader Board, 2017-Present; SMU Dedman School of Law Mustang Exchange Mentorship Program, 2015-Present
- Housing Crisis Center, Board Member, 2010-2015
- William "Mac" Taylor American Inn of Court, Barrister
- Federal Bar Association
- The Federalist Society
- DRI-The Voice of the Defense Bar
- The Texas Association of Defense Counsel (TADC)
- American Bar Association
- Hispanic National Bar Association
- Dallas Bar Association
- Tarrant County Bar Association
- Notre Dame Club of Dallas
- St. Thomas More Society of Dallas, Life Member
- National Institute for Trial Advocacy (NITA), 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
- Southern Methodist University Dedman School of Law, Coach of the Hispanic National Bar Association Moot Court Team, 2003-2011
- Southern Methodist University Dedman School of Law Involvement: International Law Review Association, 2000-2002; Board of Advocates, Master Level; Phi Delta Phi
- Southern Methodist University, Adjunct Lecturer, Foreign Languages and Literatures, 2000-2002
- University of Notre Dame, Teaching Fellow, Department of Romance Languages and Literatures, 1998-1999
Honors & Awards
- The Best Lawyers in America guide, Commercial Litigation, 2022-2024
- Texas Super Lawyers magazine, 2017-2023
- Holland & Knight Pro Bono All-Star, 2020
- Top Attorneys, Civil Law-Litigation, Fort Worth, Texas magazine, 2017
- Lawyers on the Rise, Texas Lawyer, 2016
- Under 40 Hot List, Benchmark: Litigation, The Definitive Guide to America's Leading Litigation Firms and Attorneys, 2016
- Rising Stars, Texas Super Lawyers, Business Litigation; Personal Injury Defense: Products; Banking, 2008-2016
- Newcomer Moot Court Coach of the Year, Southern Methodist University Dedman School of Law Board of Advocates, 2003-2004
Spoken Languages
- English
- Spanish