Name: David Harris
Item: David Harris
Author: dmh

Bio

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 is the head of Greensfelder's energy industry 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

EPRESENTATIVE 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.
CASE STUDIES
Defense of Securities Broker-Dealer

NEWS
Greensfelder ranked in Chambers USA for 2018

May 3, 2018
Benchmark Litigation lists Greensfelder among top firms for 2018

October 2017
Greensfelder attorneys earn rankings in Chambers USA 2017

May 26, 2017
View More ›
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
View More ›
PUBLICATIONS
Articles & Books
"Supreme Court Ruling in Halliburton Raises the Bar for Class Certification"

Bloomberg BNA Expert Evidence Report, September 26, 2014
"U.S. Supreme Court Poised to Address Class Action Practices in Yet Another Term"

BNA's Class Action Litigation Reporter, January 10, 2014
"SCOTUS Continues to Mold Class Action Standards"

Annual Law Day Edition of the Chicago Daily Law Bulletin, April 27, 2013
"Concepcion's impact on the judicial enforcement of class-action waivers"

Westlaw Journal, August 2012
"Walmart decision may have far-reaching impact"

Chicago Daily Law Bulletin, July 7, 2011
"Cellphone case impacts consumer class actions"

Chicago Daily Law Bulletin, May 26, 2011
"Class Action Waivers: Supreme Court rejects California's attempt to ban class-action waivers"

Westlaw Journal, May 24, 2011

HONORS & AWARDS
"Who's Who in Energy," American City Business Journals, 2012-2015
The Best Lawyers in America, Commercial Litigation, Franchise Law, Health Care Law, 1991-2018
Benchmark Litigation, Local Litigation Star, 2015-2017
Missouri & Kansas Super Lawyers, Business Litigation, 2005-08, 2010-17
Chambers USA, Litigation: General Commercial, 2013-2018
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

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