David A. Pluchinsky is a veteran litigator and member of the Securities Litigation Practice, the Energy and Commercial Litigation Practice and the Renewable Energy and Carbon Capture Practice groups.
David devotes his practice to commercial, real property and product liability disputes in Texas, nationally and internationally. He has defended and prosecuted complex and multi-forum litigation for clients and has extensive experience in trial and appellate work in both state and federal courts as well as arbitration, including proceedings governed by the American Arbitration Association, CPR Dispute Resolution, the London Court of International Arbitration, and self-administered proceedings. Additionally, David has extensive knowledge of the technical and legal developments relating to eDiscovery, and efficiently guides his clients in navigating complex eDiscovery processes and related issues.
David’s broad litigation experience includes commercial disputes, business tort claims, international tort claims, civil RICO claims, antitrust cases, contract disputes, products liability claims, environmental litigation, and qui tam matters. His practice has focused on businesses in the energy and chemical sectors confronted with complex commercial disputes.
Representative Matters
- Service & Supply Agreement: Represented chemical purchaser in breach of contract dispute with product manufacturer in breach of supply agreement
- Trade Secret Misappropriation: Represented oil and gas equipment vendor in theft of trade secrets and breach of fiduciary duty case against former officer of corporation
- Breach of Oil Purchase Agreement: Represented non-operating working interest owners in breach of purchase agreement by operator/purchaser.
- Breach of Technology & Service Agreement:Represented Panamanian technology developer and service company in defense of breach of technology and service agreement
- Oil and Gas Exploration Rights: Represented various oil and gas exploration companies in defense of claims alleging loss of lease rights and international exploration concessions as well as royalty and lease payment disputes.
- Gas Processing Agreements: Represented various natural gas processors and oil and gas exploration companies in disputes relating to the purchase of natural gas liquids under a gas processing agreement and related transportation agreements.
- Service and Supply Agreements: Represented chemical companies in a breach of utility service contracts and feedback supply agreements.
- Business Interruption: Represented refines and chemical companies in various disputes for business Interruption damages resulting from off-spec feedstock as well as equipment failure.
- Oil and Gas Exploration Concession: Represented an oil and gas exploration company in defense of a suit for the alleged loss of oil and gas rights in the Timor Sea.
- Leasehold Interest Disputes: Represented an oil and gas exploration company in disputes related to assignments of a working leasehold interest.
- Gas Processing Agreement: Represented a gas processor in a dispute relating to the purchase of natural gas liquids under a gas processing agreement.
- Natural Gas Qui tam Action: Represented a natural gas purchaser in a qui tam action.
- Royalty Disputes: Represented several oil and gas exploration companies in royalty disputes.
- Breach of Steam Supply Contract: Represented a chemical company in a breach of a steam supply contract dispute.
- Delay Damages Dispute: Represented a Qatari chemical company in a delay damages dispute against a U.S. contractor for the late completion of a chemical complex.
- Easement Disputes: Represented chemical companies and oil and gas exploration companies in easement disputes and related easement issues.
- Business Interruption: Represented a chemical company in a business interruption case based on a supplier’s delivery of off-spec product.
- Offshore Pipeline: Represented an individual in seeking to recover an ownership interest in an offshore pipeline system.
- Take-or-Pay Dispute: Represented an oil and gas producer in a take-or-pay dispute in the High Commercial Court of England and the United States District Court for the Southern District of Texas.
- Leasehold Interest Termination: Represented oil and gas exploration companies in disputes relating to the termination of leasehold interests.
- Natural Gas Transportation Contract Dispute: Represented a gas producer in a transportation contract dispute relating to quality, pricing, and the ability of the transporter to terminate the contract.
- Facilities Purchase Option Dispute: Represented a working interest owner regarding its exercise of an option to acquire an interest in gas processing facilities and related pipelines.
- Antitrust Litigation: Represented several oil and gas exploration companies in antitrust litigation against several service companies that formed a worldwide conspiracy to fix prices and monopolize the relevant market.
- Class Action Litigation: Represented a boiler manufacturer in class action litigation resulting from chemical plant explosion.
- Breach of Fiduciary Duty: Represented a major Texas intrastate pipeline company in breach of fiduciary duty case against pipeline operator.
- Breach of Pipeline Agreement: Represented a partner of a major Texas intrastate pipeline in a breach of pipeline operating agreement matter.
- Take-or-Pay, Pricing and Ratable Take Dispute: Represented a chemical company in several gas take-or-pay cases which also involved pricing and ratable take issues.
- Natural Gas Class Action: Represented a chemical company in a class action involving the purchase of natural gas.
- Natural Gas Transportation Contract Dispute: Represented a chemical company in a gas transportation contract dispute.
- Breach of Steam Supply Agreement: Represented a refiner in a business disruption and breach of steam supply agreement.
- Breach of Supply Agreement: Represented a refiner in a breach of CBO supply agreement.
- Maximum Take Obligation Dispute: Represented a refiner in a dispute regarding the maximum take obligation under a gasoline purchase agreement.
- Debarment Appeal: Represented an export business and several of its employees in appeal of debarment decision that resulted in termination of debarments.
- Agency Show cause Action: Represented an export business in agency action to establish business was entitled to a license under the Perishable Agriculture and Commodities Act.
- Products Liability Litigation: Assisted a manufacturer in investigation and compliance matters in connection with the defense of litigation arising out of a series of product liability cases.
- Oil Spill Dispute: Represented an oil and gas exploration company in the defense of numerous claims that damages from oil allegedly resulted from oil production operations.
Court Admissions
- U.S. District Court, Northern District of Texas
- U.S. District Court, Southern District of Texas
- U.S. District Court, Eastern District of Texas
- U.S. District Court, Western District of Texas
- U.S. District Court, District of Colorado
- U.S. District Court, District of Columbia
- U.S. Court of Appeals, Fifth Circuit
- U.S. Court of Federal Claims
Education
- Vanderbilt University Law School, J.D., 1987
- University of Pennsylvania, B.A. magna cum laude, Economics and Political Science, 1984
Publications
- “Enforcing Arbitration Awards in Texas.” Practical Law, Co-author, June 2015
- “Electronic Discovery After the New Federal Rules: Strategies for Coping with the Latest Challenges and Intricacies.” West Legal Works, September 2007
- “Court System may Offer Cost-Effective Alternative to Arbitration.” Houston Business Journal: Business Survival Guide, Co-author, April 2007
- “’And They’re Off!’: How Federal Courts are Implementing the December 2006 Amendments to the Federal Rules of Civil Procedure: Allocating Burdens and Costs and Access to Opponents’ Systems and Equipment in Electronic Information Discovery.” National Law Journal, Co-author, Edited version published as “How the Courts are Applying New Rules.” March 2007
- “The Illusory Safe Harbor of Rule 37(F).” American Lawyer: Corporate Counsel. Co-author, December 2006
- “Federal Rule of Civil Procedure 26(b)(2)(B) and The 2006 Amendments: How the Federal Courts Will Implement Two-Tier Discovery of Electronic Information.” Andrews Litigation Reporter, Co-author, November 2006
- “Controlling the Cost of E-Discovery Through Preparation and an Organized Response.” American Lawyer, Co-author, December 2005
- “How Does Arbitration Differ from Mediation and Civil Litigation?” Houston Business Journal, May 2004
- “The Basics of Confirming, Vacating, Modifying and Correcting an Arbitration Award Under the Federal Arbitration Act and the Texas Arbitration Act.” The Advocate, 2003
- “Texas Business Litigation: Forms and Commentary” American Lawyer, Co-author, West Group, 1997
Presentations
- Protecting Against Cyber Hacking and Computer Fraud / LegalTech West Coast, panelist
June 2016 - Legal Analytics and the Business of Law Summit, speaker
November 2014 - Biz Dev for the Small Firm / LegalTech West Coast, speaker and Section Chair
June 2014 - Early Case Assessment and Strategizing with your eDiscovery Team / eDiscovery for Oil and Gas, speaker
May 2012 - E-Discovery Evolved Part 3: Trends, Technology and Planning for the Future / Litigation Summit and Expo, speaker
November 2011 - E-Discovery Basics / The Institute of Internal Auditors, panelist
February 2011 - The Necessity for a ‘Litigation Readiness and Hold’ Program to Protect Yourself and Your Clients / ALM Events: Trial Tactics & Technology (T3)
November 2007 - E-Discovery Amendments to the Federal Rules of Civil Procedure: Exploring the Day-to-Day Impact for Legal Teams / ALM Events: Trial Tactics & Technology (T3)
December 2006
Honors
- Best Lawyers in America, (Texas) Commercial Litigation, 2019-2020
- LexisNexis Top Rated Lawyers: Texas, 2012
- Texas Super Lawyer, 2006-2008
Memberships and Affiliations
- State Bar of Texas
- American Bar Association
- Houston Bar Association
- The Institute for Energy Law Advisory Board
- Fellow of the Texas Bar Foundation
- Board of Directors, Family Services Center of Houston and Harris County (2007-2018)
Executive Committee 2014-2016, Chairman Finance Committee 2015-2016) - Board of Directors, Bo’s Place (2015-2024, Secretary 2019-2021, President-Elect 2021-2022, President 2022-2023)
- Advisory Board. Bo’s Place
- Advisory Board of Directors, Spring Spirit Baseball (2015-2023)