David A. Baay: Lawyer with Sutherland Asbill & Brennan LLP

David A. Baay

David A. Baay

Peer Rating

Client Rating

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Experience & Credentials

Practice Areas

  • Litigation
  • Energy Litigation
  • Alternative Dispute Resolution
  • Natural Gas
  • Crisis Management
  • Commodities Enforcement & Investigations
Contact InfoTelephone: 713.470.6112
Fax: 713-654-1301
University Vanderbilt University, B.A.
Law SchoolSouthern Methodist University School of Law, J.D.
Admitted2000, Texas

Professional Activities
Member, Litigation Section, Houston Bar Association
Elder, Memorial Drive Presbyterian Church
Member, American Bar Association
Member, State Bar of Texas


David Baay represents energy clients in commercial litigation. His clients include multinational oil companies, drilling contractors, pipeline operators, drilling-equipment manufacturers, and subsea component suppliers. David also has significant experience defending wrongful death and personal injury claims and healthcare corporations involved in commercial disputes.

David has significant trial and arbitration experience representing clients in both state and federal court. Over the past several years, David helped to coordinate discovery efforts in an MDL proceeding that encompassed hundreds of fact and expert witness discovery and depositions. In those same proceedings, David served as a member of our client's internal investigation team with a focus on the forensic investigation related to the blowout preventer and the associated well-control equipment. He has deep experience advising clients on conducting pre-suit investigations assembled for the purpose of determining root cause and advising the client on impending litigation exposure.

Selected Experience
Sutherland pursues successful pipeline insurance claims following a volcanic eruption that damaged client's equipment.
Sutherland wins personal injury suit for an international air carrier under Montreal Convention.
Sutherland represents international offshore drilling company in Gulf of Mexico oil spill litigation.

Awards and Rankings

Selected for inclusion among Texas Super Lawyers (2014)

Selected for inclusion among Texas Super Lawyers ”Rising Stars“ (2006, 2012-2013)

Client Tools
• Crisis Management


Documents by this lawyer on Martindale.com

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Texas Supreme Court Limits Fraud Claims by Terminated Employees
David A. Baay,Thomas R. Bundy,Peter N. Farley,Sean D. Jordan,Allegra J. Lawrence-Hardy, May 27, 2014
In a case of first impression, the Supreme Court of Texas declared that at-will employees may not bring an action for fraud that is contingent on the promise of continued at-will employment. The Court also held that employees subject to a collective bargaining agreement are bound by the...

Fifth Circuit Limits Pollution Liability
David A. Baay,Rachel Giesber Clingman,Juan C. Garcia,Daniel Johnson,Sean D. Jordan, February 27, 2014
In a significant decision issued February 24, 2014, the Fifth U.S. Circuit Court of Appeals ruled that federal laws preempt state laws in the case of the 2010 Gulf of Mexico oil spill, because the event occurred in federal waters. That means states and local governments cannot collect penalties...
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Office Information

David A. Baay

1001 Fannin Street, Suite 3700
HoustonTX 77002-6760


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