Photo of David M. Harris

David M. Harris

Officer

David Harris brings a valuable combination of trial experience and efficient, practical counsel to the energy, health care and securities companies he represents nationwide.  

Admissions

  • Missouri
  • Illinois

Education

J.D., Washington University School of Law, 1980, Order of the Coif; Order of Barristers

M.A., Bradley University, summa cum laude, 1978

B.S., Illinois State University, 1977

Profile

David Harris’ litigation practice focuses on the energy, securities and health care industries, representing large integrated energy companies, broker-dealers in securities matters and a broad spectrum of other companies and industries.

David leads the firm’s Litigation Practice Group and is a former member of the firm's executive committee and board of directors. He has defended over 50 class actions in almost every state, including trying class actions to verdict. He handles a significant amount of litigation on behalf of major energy companies, defending them against claims including motor fuel advertising rule violations, price discrimination, fraud, franchise violations and breach of contract. 

In his securities work, David has represented broker-dealers in large complex class actions in venues throughout the country, as well as in front of regulatory agencies. Cases have included defense of revenue-sharing practices, alleged wage and hour violations and municipal bond failures, among others.

In the health care field, David typically represents institutional providers in payment disputes with governmental and private payors, including managed care plans, state and federal regulating authorities concerning licensure, certificate of need and conditions of participation including governmental compliance with program requirements, and medical staff privileging disputes.

His court admissions include the U.S. Supreme Court, the 6th, 7th, 8th and 10th U.S. Circuit Courts of Appeals and numerous District Courts. 

Professional Affiliations

  • Litigation Counsel of America
  • American Bar Association
  • The Missouri Bar
  • Missouri Hospital Association
  • Illinois State Bar Association
  • The Bar Association of Metropolitan St. Louis

Honors & Awards

Honors & Awards

  • "Who's Who in Energy," American City Business Journals, 2012-2015
  • The Best Lawyers in America, Health Care Law, 1991-2017
  • Benchmark Litigation, Local Litigation Star, 2015-2017
  • Missouri & Kansas Super Lawyers, Business Litigation, 2005-2014
  • Chambers USA, Litigation: General Commercial, 2013-2016
  • Illinois Leading Lawyers, Commercial Litigation, Energy Law, Franchise & Dealership Law, Health Law
  • Litigation Counsel of America, Fellow, 2013
  • Ronda F. Williams Spirit of Diversity Award, 2016

Experience

Representative Matters

Energy

  • Lead counsel for a major oil company in defending against former operators of all branded stations in the suit area who claimed the defendant defrauded them and breached contracts in connection with the operation of those stations. Plaintiffs were seeking $28 million in damages. After remand from the Eighth Circuit Court of Appeals from an earlier dismissal, on September 30, 2012, the U.S. District Court for the Western District of Missouri again dismissed plaintiffs' claims because of discovery abuses resulting from plaintiffs’ failure to preserve, and permitted destruction of, key financial information.
  • Lead counsel for a major petroleum refiner in defeating motions for TROs and preliminary injunctions by over 100 California dealers challenging lease expirations and franchise terminations and non-renewals.
  • Lead counsel for a major petroleum refiner in a two-month trial brought by Chicago area gas station and convenience store operators for franchise violations, fraud and breach of contract seeking over $120 million in damages. A complete defense verdict was returned.
  • Lead counsel for one of the big six oil companies in multi-district litigation involving 34 class actions alleging consumer fraud for allegedly failing to temperature adjust motor fuel sales. David serves on the steering committee and other defense committees in the MDL.
  • Lead counsel in multi-jurisdiction price discrimination claims brought by present and former dealers of major oil companies. (Missouri, Illinois, Alabama, Georgia, North Carolina, Virginia and Maryland).
  • Prevailed in a month long trial in California defending a major oil company in its model contract used throughout the United States with ancillary cases in Indiana, Missouri and Ohio.
  • Lead counsel for a major oil company facing gas station franchisees’ claims of unfair wholesale pricing. A bellwether trial in California Superior Court in Los Angeles involved four out of the hundreds of similar claims from dealers nationwide, and it concluded in favor of the oil company, with the jury determining its pricing was fair.

Securities & Financial Services

  • Lead counsel for a national stock brokerage firm in defending its revenue-sharing practices. This included Consolidated Securities Class Actions alleging the failure to adequately disclose over $384 million in revenue sharing payments, negotiating with federal and state agencies to resolve regulatory concerns, and defending state civil enforcement actions including those brought by California.
  • Lead counsel for a national brokerage firm in consolidated class actions alleging wage and hour violations for over 10,000 brokers. 

Health Care

  • Was selected as counsel for the Missouri Hospital Associate to prepare its amicus brief on the seminal case establishing the limitations on a physician’s right to sue hospitals for credentialing decisions.
  • Successfully defending numerous hospital systems in putative class actions challenging hospital charges to uninsured patients.

News & Insights

Seminars & Speaking Engagements

  • "Responding to Crises Events - the Broker-Dealer's Perspective"
    Panel Discussion, Edward Jones Legal Summit, St. Louis, Missouri, June 18, 2013
  • "Pricing Patterns and Behavior That Cause Litigation Risks"
    ABA Petroleum Marketing Attorneys' Meeting, Washington, D.C., April 12, 2013
  • "Litigating a Case Under the Petroleum Marketing Practices Act"
    ABA Forum on Franchising, Austin, TX, October 2008
  • "Post Market Divestment Litigation"
    Petroleum Marketing Attorneys' Meeting, Washington, D.C., 2008

Publications

Articles