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Home > Lawyers
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David T. Harvin
David T. Harvin
Experience | Education | Recognition | Activities
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Biography
David Harvin represents energy companies, financial institutions and other clients in business disputes, including trials, arbitrations, and appeals. A fellow of the American College of Trial Lawyers, David is known for his thoughtful analysis, well-written motions and briefs, and superior trial and advocacy skills. For 25 years, David has been recognized in the area of business litigation in The Best Lawyers in America®. In his more than 37 years with Vinson & Elkins, David has held many leadership roles, including six years as a member of the firm’s Management Committee.
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Representative Experience
Antitrust and RICO
Case Citations | View All
- Trial counsel for defendant in a landmark case regarding vertical price-fixing
- Successfully defended Southern California Gas Company in a case alleging monopolization of gas transportation in Kern County, California
- Defended a manufacturer of explosives in criminal and civil antitrust litigation
Class Actions
Case Citations | View All
- Defeated certification of a nationwide class of owners of boats and recreational vehicles whose plastic plumbing systems were allegedly defective
- Defeated certification of a nationwide class of insurance companies seeking to recover in subrogation water damage claims they paid to homeowners with allegedly defective plastic plumbing
- Defeated subsequent collateral attacks on a finalized nationwide class settlement
Corporate and Securities
Case Citations | View All
- Defended an investment banking firm in a case alleging insider trading by one of the firm's partners and an arbitrageur in connection with a merger involving one of the firm's clients
- Obtained judgment that the buyer in a $10 billion merger breached its obligations to use its reasonable best efforts to secure its financing and consummate the merger with the client
- Obtained judgment that the terms of Continental Airlines' merger into Texas Air breached American General's warrant rights
Energy Industry Disputes
Case Citations | View All
- Rebuffed effort to assert a preferential right to purchase a 50% interest in a Texas intrastate pipeline that client sold to a third party
- Defended a major international oil company in a case brought by an independent producer regarding rights to participate in an oil and gas opportunity in Kazakhstan
- Represented a major integrated oil company in commercial arbitrations over: (a) the transportation rates charged a shipper on the client's proprietary crude oil pipeline; (b) the price charged to a customer for the purchase of phenol from the client; (c) the price the client paid for the purchase of Alaskan North Slope crude oil for use in the client's West Coast refinery
Tax and ERISA
Case Citations | View All
- Prevailed in a case of first impression regarding the deductibility of American expropriation losses in the 1979 Iranian revolution
- Defended Bunker Hunt against claims for income and gift tax deficiencies arising out of the collapse of the silver market in 1980
- Prevailed in the "test case" of the IRS's $660 million challenge to the actuarial assumptions underlying small defined benefit plans
Prior results do not guarantee a similar outcome.
Education and Professional Background
- The University of Texas School of Law, J.D. with high honors, 1970 (Chancellors; Order of the Coif; Articles Editor, Texas Law Review)
- Yale University, B.A. magna cum laude, 1967 (Phi Beta Kappa)
- Judicial clerk to The Honorable John Minor Wisdom, U.S. Court of Appeals for the Fifth Circuit, 1970 - 1971
- Admitted to practice: Texas, 1970
Professional Recognition
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- Who's Who Legal: Texas in commercial litigation, 2007 and 2008
- Who's Who Legal: USA in commercial litigation, 2006
- The Best Lawyers in America® in antitrust law and commercial litigation, 2006 - 2011; securities law, 2009 - 2011; in bet-the-company litigation, 2011
Activities and Affiliations
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- Member: Sections of Antitrust Law, Business Law, and Litigation, American Bar Association and State Bar of Texas
- Trustee: St. Luke's Episcopal Health System; Protestant Episcopal Church Council, Diocese of Texas
- Former Trustee: The Kinkaid School; Stehlin Foundation for Cancer Research; Episcopal Theological Seminary of the Southwest
Solicitors and Registered Foreign Lawyers. A list of partner names is available for inspection at CityPoint, One Ropemaker Street, London EC2Y 9UE. Vinson & Elkins RLLP is a limited liability partnership formed under the laws of New York authorised and regulated by the Solicitors Regulation Authority (No. 0079019).
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Full Biography
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First City Tower
1001 Fannin Street
Suite 2500
Houston, TX 77002-6760
Tel +1.713.758.2368
Fax +1.713.615.5269
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