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.
· 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.
Memberships
American Bar Association
Kentucky Bar Association
Louisville Bar Association
Community Involvement
Legal Aid Society, volunteer attorney
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
News
Stites & Harbison names eight new members and one new counsel