A nationally-recognized lawyer, David McAtee represents corporate and individual clients in antitrust, environmental, and complex commercial litigation matters, and he has developed particular experience in investigating and litigating allegations of fraud in public and private companies. Before beginning his career in private practice, David served as a Senior Law Clerk to United States District Judge Jerry Buchmeyer, then Chief Judge of the Northern District of Texas.
Selected Honors
- One of 164 lawyers worldwide to be named to “BTI Client Service All-Stars” based on client surveys conducted by BTI Consulting, Inc. (2010)
- Profiled in Law360 as one of five U.S. antitrust lawyers recognized for excellence in client service (2010)
- "Best Lawyers in America" by Woodward/White, Inc. (2008-2010)
- "Best Lawyers in Dallas" by D Magazine (2008-2009)
- "Texas Super Lawyers" by Texas Monthly (2003-2009)
Representative Experience
- Tried civil RICO and breach of fiduciary duty lawsuit involving nation’s largest privately-held payment processing company (result pending).
- Tried to favorable verdict multi-million dollar environmental action involving national waste management company.
- Tried to favorable verdict multi-million dollar breach of contract action involving national cable network.
- Obtained summary judgment in federal resale price maintenance action against national electronics retailer and successfully argued the appeal. See Ozark Heartland Elect., Inc. v. RadioShack, et al., 278 F.3d 759 (8th Cir. 2002).
- Defeated class certification and won complete dismissal in federal price-fixing case against national recycling company.
- Advisor to AT&T in multiple acquisitions with total market value of over $96 billion.
- Successfully represented a national merchant utility in $1 billion bankruptcy claims litigation.
- Led internal investigation of fraud allegations at one of the nation's largest energy companies.
- Investigated qui tam whistleblower suit against major defense contractor, obtained complete dismissal of suit in federal court, and successfully represented the company in parallel investigation by the U.S. Defense Criminal Investigative Service.
Recent Publications and Speeches
- "2009 Year in Review: Antitrust and Business Litigation," co-authored with Emily Westridge, Texas Bar Journal (Jan. 2010)
- State Antitrust Practice and Statutes, Ch. 48, (Texas), ABA Section of Antitrust Law ed., 4th ed. 2009 (co-author). Copies available at www.abanet.org.
- "2008 Year in Review: Antitrust and Business Litigation," co-authored with Emily Westridge, Texas Bar Journal (Jan. 2009).
- "Federal Discovery Practice," Federal Court Practice CLE (June 2008).
- "The Continued Role of Antitrust in a Deregulated Environment," AT&T Legal Conference (Feb. 2008).
- "Antitrust and Business Litigation: Significant Developments in Antitrust Law," Texas Bar Journal (Jan. 2008).
- "Critical Legal Guidelines for the Post-Merger, Deregulated AT&T," AT&T Inc. Legal Conference (March 2007).
- "Antitrust and Business Litigation: New Challenges for Antitrust Plaintiffs," Texas Bar Journal (Jan. 2007).
- "Antitrust and Business Litigation: New Hurdles for Antitrust Plaintiffs and New Developments in Electronic Discovery," Texas Bar Journal (Jan. 2006).
- "General Counsel's 12 Steps to Conducting Internal Investigations," Texas General Counsel Forum - Houston Chapter (April 2005).
- "Corporate Fraud: High Profile Convictions in a Shifting Landscape of Enforcement," Texas Bar Journal (Jan. 2005).
- "Special Investigations: Managing the Process," 14th Annual Fraud Conference of Association of Certified Fraud Examiners (Summer 2003).
- "Counseling the 800-lb Gorilla," Corporate Counseling Report, ABA Antitrust Section (Summer 2001).
Leadership
David is a leader of legal and civic organizations. He has served as President of the 22,000-member Texas Young Lawyers Association, Director, Executive Committee Member of the State Bar of Texas, and President of the Dallas Association of Young Lawyers. He is currently Chair of the Board of Editors of the Texas Bar Journal and Chair of the Fellows of the Texas Bar Foundation. David has twice received a Presidential Citation by the State Bar of Texas for leadership in the bar, and he has received a Leadership Award from TexasBarCLE for his contributions in the area of continuing legal education. Finally, David is an officer of The Dallas Assembly and Vice-President of the Board of Directors of the Trinity Commons Foundation, the coordinating organization for local, state and federal government initiatives in the Trinity River Corridor Project.
Selected Representative Experience
Transfirst Holdings, Inc.
Represented TransFirst Holdings, Inc., the largest privately held payment processing company in the U.S., in a federal suit against former officers for RICO violations, breach of fiduciary duties, fraud, and breach of contract. TransFirst discovered that the president and two vice-presidents of a payment processing division were operating a covert enterprise of competing businesses formed through the State of Nevada while simultaneously working for TransFirst. After one vice-president was terminated when TransFirst discovered he was an officer of a competing entity, a review of his papers and electronic files revealed evidence of a long-term conspiracy involving all three defendant officers. Prior to trial, the Court ruled in TransFirst's favor on liability for breach of fiduciary duty and breach of contract. TransFirst tried the RICO case on liability and damages to federal district judge Jorge Solis over the course of three weeks. A favorable final opinion from the court was issued on January 25, 2010.
DOJ and State of Texas Price-Fixing Investigation
Defense of national dairy producer in state and federal antitrust price-fixing investigations.
AT&T/Bell South
Acted as one of the primary outside antitrust firms responsible for assisting client in monitoring pre-merger integration planning activities to ensure compliance with antitrust laws and regulations.
AT&T/SBC
Acted as one of the primary outside antitrust firms responsible for assisting client in monitoring pre-merger integration planning activities to ensure compliance with antitrust laws and regulations.
Debtor Representation - American LaFrance Corporation
Represented American LaFrance in its Chapter 11 case in Delaware. The case involved the re-negotiation of substantial vendor and lessor relationships and resulted in American LaFrance's successful reorganization.
Antitrust Compliance Program
Conducting antitrust compliance program for sales and marketing organizations of national manufacturer of construction products.
Motient Corporation v. Dondero
We obtained dismissal on behalf of hedge funds in an action brought by a corporate issuer against the funds alleging violations of Section 13(d) of the Securities Exchange Act for statements made regarding proposed corporate transactions.
Debtor Representation - Mirant Corporation
Represented Mirant Corporation and certain of its direct and indirect subsidiaries in their Chapter 11 cases in Fort Worth. Mirant was an international company whose core business is the production and sale of electricity and electrical capacity. The Mirant Corporation bankruptcy is the largest bankruptcy case ever filed in Texas.
Online Publications
01/01/2010 -
2009 Year in Review: Antitrust and Business Litigation
In 2009, the U.S. Supreme Court issued a significant antitrust opinion and another opinion of profound importance with roots in antitrust law. At the same time, the Federal Trade Commission announced its decision in an antitrust dispute that might be interesting to anyone who has bought or sold a home recently. Finally, looking ahead to 2010, the Court is considering an appeal that may clarify when independent actors may be considered a single entity for antitrust purposes.
01/01/2009 -
2008 Year in Review: Antitrust and Business Litigation
In 2007, the U.S. Supreme Court issued four significant antitrust decisions. By comparison, 2008 was a quiet year. Still, the year has been marked by several developments of interest to lawyers who handle business and antitrust cases.
08/06/2008 -
Whole Foods - Where Does the Federal Trade Commission Go From Here?
Whole Foods has closed its acquisition of Wild Oats, but it may not have much time to enjoy its purchase. The Federal Trade Commission had sought a preliminary injunction to block the merger to give it time to conduct a trial on the merits, but the district court denied the motion.
06/29/2007 -
Resale Price Maintenance No Longer Per Se Illegal
On June 28th, the Supreme Court issued its opinion in Leegin Creative Leather Products, Inc. v. PSKS, Inc., S. Ct. No. 06-480. The single question for decision was “whether vertical minimum resale price maintenance agreements should be deemed per se illegal under Section 1 of the Sherman Act, or whether they should instead be evaluated under the rule of reason.”
05/22/2007 -
Bell Atlantic v. Twombly: Supreme Court Tightens Standards for Pleading Antitrust Conspiracies
The United States Supreme Court's decision yesterday in Bell Atlantic Corp. v. Twombly imposes a strict standard for antitrust complaints that rely on allegations of parallel conduct to satisfy the element of conspiracy or agreement. In a 7-2 decision, the Court held that the inference of agreement must be “plausible”; so long as the parallel behavior is consistent with independent action, the complaint is subject to dismissal for failure to state a claim upon which relief may be granted.