David W. Elrod

Experience and Expertise
David Elrod is a trial lawyer who has tried many cases to juries, judges and arbitrators.  He has 39 years of experience successfully prosecuting and defending complex commercial, business, energy and bet-the-company cases throughout the U.S. for public companies, privately held business interests and individuals, resulting in significant wins for his clients.    David has been lead trial counsel on cases in Oregon, California, Oklahoma, Minnesota, North Dakota, New Mexico, New York, Washington D.C. and Texas.  His success over the years is based on his results-driven, highly focused approach to understanding and efficiently representing the interests of the client.

A key element of his success is the highly experienced and effective trial team he has led over the years. David’s team is able to adapt to nimble changes in the dynamics of a complex case while maintaining its relentless focus on strategy and preparation to obtain the best results for the client.  Each member of the trial team has actual courtroom jury trial experience as well as experience in handling cases in arbitration.  David and his trial team are a powerful force in the courtroom and, as a result, have recovered in excess of $700 million for their clients just in the last 12 years. The team also successfully defended clients in numerous other litigation matters involving a wide variety of commercial and business litigation, including energy, insurance, real estate, bankruptcy, director and officer liability, indemnity, fraud, partnership issues and contractual disputes, probate, fiduciary and high-profile multi-generational family trust issues.

David is one of the few attorneys in Texas to actually try to verdict a civil RICO case on behalf of the defendants.  He also was lead defense counsel in personal injury and property damage class actions arising out of arsenic contamination of the soil and water in a small town in east Texas and lead defense counsel in a $1 billion product defect action involving water pipes. Both cases were resolved very successfully for his clients.  David also successfully prosecuted as lead counsel a very interesting case in west Texas arising out a controlled burn that damaged 60,000 acres of a neighboring ranch, which involved unique damage issues relating to the intrinsic value of pristine ranch land not used for grazing.  David also has extensive experience with litigating cases in bankruptcy, including representing trustees and debtors in actions against officers and directors, prosecuting objections to plan confirmation, creditor claims and fraudulent transfers.

In addition, David and his trial team have developed extensive litigation and trial experience in the prosecution and defense of claims relating to almost every aspect of the energy industry, resulting in a highly regarded energy litigation practice. The team has handled extremely technical and complex legal issues in different jurisdictions around the country.  For example, David has been lead counsel on cases involving the following issues:

– complex federal jurisdictional questions on behalf of interstate gas transportation companies, including briefing such issues before the U.S. Supreme Court;

– the interpretation and enforcement of interstate natural gas transmission pipelines and transportation contracts;

– delivery and compressor stations;

– contract and construction;

– defective turbines and other operating equipment;

– natural gas contamination;

– odorization of natural gas;

– natural gas quality issues under applicable tariffs;

– construction defect and cost overruns relating to pipeline and delivery stations;

– complex operational and management, finance and investment issues;

– oil and gas trade secrets disputes;

– renewables and wind farms;

– drilling and pipeline construction delays;

– construction lien issues;

– seismic and geophysical issues; and

– fraud and misrepresentations involving investments in shale, oil, gas, mineral and wind resources.

Practice Areas
Energy Litigation
Commercial Litigation
Bankruptcy and Restructuring Litigation
Fiduciary Litigation

David’s litigation and trial experience has earned him numerous distinctions.  He has been recognized as a “Texas Super Lawyer” for fifteen straight years; included in the “Best Lawyers in Dallas” lists; named as one of the “The Defenders” by the Dallas Business Journal, a tribute to the 15 top business defense lawyers in the Dallas/Ft. Worth area; elected as a Fellow in the Litigation Counsel of America, an honorary trial lawyer society whose membership is very limited and selection is based upon accomplishments in litigation and ethical reputation. David also is a Life Fellow of the Texas Bar Foundation and a Fellow of the American Bar Foundation.

University of Oklahoma, J.D.
Oklahoma State University, B.S.

Bar Admissions
Texas, 1978

Court Admissions
U.S. District Court for the Northern, Eastern, Southern and Western Districts of Texas
U.S. Tax Court
U.S. Court of Appeals, Fourth Circuit
U.S. Court of Appeals, Fifth Circuit
U.S. Court of Appeals, Eighth Circuit
U.S. Supreme Court

Tel: (214) 780-1400
Fax: (214) 780-1401
Email: delrod@shackelfordlaw.net