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    David Patron photograph

    David L. Patrón

    Partner

    New Orleans
    Houston
    504-584-9295
    david.patron@phelps.com
    Areas Of Focus
    LitigationCybersecurity, Privacy and Data ProtectionIntellectual Property

    Litigator David Patrón handles disputes at the leading edge of commercial, intellectual property (IP), employment and antitrust issues. Whether at trial, in arbitration or on appeal, David focuses on real-world solutions that protect his clients’ competitive posture.

    As head of the firm’s litigation practice, David represents some of the biggest names in technology, oil and gas, entertainment and other industries. Over 30+ years of practice, he has earned a reputation for excellence and integrity at all levels of state and federal courts. Whether defending a breach of contract or prosecuting a breach of fiduciary duty, David focuses on finding real-world business solutions for clients. His commercial litigation experience spans the business life cycle, from international joint ventures and contracts to corporate dissolutions.

    David represents and counsels clients on a wide variety of complex legal issues, including:

      • Antitrust and trade regulation
      • Copyright
      • Trademark and trade dress
      • Misappropriation of trade secrets
      • Software licensing
      • Confidentiality and noncompetition agreements
      • E-commerce and internet use
      • Cybersecurity, privacy and data protection

    When emergency action is needed to protect client interests, David obtains temporary restraining orders and permanent injunctions, as well as orders to seize assets and evidence. He also is frequently asked to guide clients through internal audits to minimize their potential exposure from infringement litigation. David has a particular focus on online activities and serves as vice chair of the International Association of Defense Counsel’s Cybersecurity Group.

    For more than a decade, David has amassed significant experience litigating the contentious issues that arise in the energy sector. He served as primary legal counsel to one of Louisiana’s top oil and gas producers and represents a diverse range of oilfield services companies in disputes involving lessors, royalty owners, contractors and operators. In addition, he handles state and federal regulatory issues including coastal use permitting, environmental regulations, severance taxes, oilfield legacy litigation, royalty disputes, criminal investigations and lease disputes.

    David defends and prosecutes complex antitrust and trade regulation cases in trial and appellate fora, including ancillary claims such as unfair trade, false advertising and restraints of trade under federal and state laws. At Stanford Law School, he studied antitrust and trade regulation under the former United States Attorney General of the Antitrust Division of the Department of Justice. Since then, he has defended clients in federal antitrust investigations, designed an antitrust compliance manual for businesses and counseled trade associations and practice groups on information sharing, price-fixing and state-action immunity.

    For more than a decade, David taught negotiation and mediation advocacy as a law school adjunct faculty professor to more than a thousand law students, and he applies this experience in both courtrooms and boardrooms. Whether winning at trial or negotiating favorable settlements, he is a results-oriented lawyer whose legal successes have been recognized in several media outlets.

    After living on the U.S. East, West and Gulf coasts and spending significant time with extended family in Mexico, David excels at navigating diverse perspectives. He has vast experience resolving disputes at home among his five children, including two sets of twins.

    David represents and counsels clients on a wide variety of complex legal issues, including:

      • Antitrust and trade regulation
      • Copyright
      • Trademark and trade dress
      • Misappropriation of trade secrets
      • Software licensing
      • Confidentiality and noncompetition agreements
      • E-commerce and internet use
      • Cybersecurity, privacy and data protection

    When emergency action is needed to protect client interests, David obtains temporary restraining orders and permanent injunctions, as well as orders to seize assets and evidence. He also is frequently asked to guide clients through internal audits to minimize their potential exposure from infringement litigation. David has a particular focus on online activities and serves as vice chair of the International Association of Defense Counsel’s Cybersecurity Group.

    For more than a decade, David has amassed significant experience litigating the contentious issues that arise in the energy sector. He served as primary legal counsel to one of Louisiana’s top oil and gas producers and represents a diverse range of oilfield services companies in disputes involving lessors, royalty owners, contractors and operators. In addition, he handles state and federal regulatory issues including coastal use permitting, environmental regulations, severance taxes, oilfield legacy litigation, royalty disputes, criminal investigations and lease disputes.

    David defends and prosecutes complex antitrust and trade regulation cases in trial and appellate fora, including ancillary claims such as unfair trade, false advertising and restraints of trade under federal and state laws. At Stanford Law School, he studied antitrust and trade regulation under the former United States Attorney General of the Antitrust Division of the Department of Justice. Since then, he has defended clients in federal antitrust investigations, designed an antitrust compliance manual for businesses and counseled trade associations and practice groups on information sharing, price-fixing and state-action immunity.

    For more than a decade, David taught negotiation and mediation advocacy as a law school adjunct faculty professor to more than a thousand law students, and he applies this experience in both courtrooms and boardrooms. Whether winning at trial or negotiating favorable settlements, he is a results-oriented lawyer whose legal successes have been recognized in several media outlets.

    After living on the U.S. East, West and Gulf coasts and spending significant time with extended family in Mexico, David excels at navigating diverse perspectives. He has vast experience resolving disputes at home among his five children, including two sets of twins.

    Experience

    General Commercial Litigation

    • Won a motion to dismiss $92 million in claims against Coca-Cola by heirs of a former owner of the Barq's root beer brand who asserted a 100% ownership of Coca-Cola’s Barq’s brand; prevailed again on appeal to the 5th Circuit.
    • Won summary judgment motion dismissing $85 million claim against regional restaurant chain alleging breach of right of first refusal clause in lease.
    • Secured termination of 15-year commercial lease without any further rent payments on initial demand letter; client did not need to file a lawsuit.
    • Represents Fortune 50 retailer in all labor and employment litigation in Louisiana.
    • Defended international banking client in multiple lawsuits related to an alleged conspiracy to fix the price of unsecured debt issued by government-sponsored entities (GSEs), including the Federal National Mortgage Association (Fannie Mae), Federal Home Loan Mortgage Corporation (Freddie Mac), Federal Farm Credit Banks (FFCB) and Federal Home Loan Banks (FHLB).

    Intellectual Property Litigation

    • Won a complete defense verdict in defending action for copyright infringement against Cash Money Records for artist Juvenile’s song “Back That Azz Up” in two-week federal trial after plaintiff sought over $50 million.
    • Successfully represented Google, YouTube and affiliated companies in multiple lawsuits alleging defamation, trademark infringement and copyright infringement; every case was dismissed without any settlement payment.
    • Obtained dismissal of a trademark dilution suit filed against an international Fortune 100 computer technology manufacturer in connection with a global advertising campaign.
    • Successfully defended multiple clients in software licensing audits and infringement claims asserted by the Business Software Alliance (BSA) and other software vendors.
    • Obtained temporary restraining orders and preliminary and permanent injunctions against cybersquatters using fraudulent domain names to perpetuate cybersecurity crimes via socially engineered phishing attacks.
    • Obtained dismissal of claims of copyright infringement against an international beverage company in connection with a national television advertising campaign involving Magic Johnson and the lead guitarist for the Saturday Night Live band.
    • Successfully defended a New York-based paint manufacturer against claims of unfair competition and trademark infringement; case settled without any money being paid by the client.
    • Negotiated a substantial cash settlement and a name change in a trademark infringement, dilution, unfair competition and unjust enrichment case filed by national restaurant chain client against a competing restaurant group.
    • Successfully defended a national recording label in a copyright lawsuit over uploading copyrighted material to a MySpace page of the artist Lil’ Wayne; the court dismissed the case without any payment of settlement monies.
    • Handled a 5th Circuit appeal of an adverse verdict against a national computer software company involving highly technical claims of copyright infringement of computer software, trade secret misappropriation and breach of contract. After briefing, the appellees paid our client to settle before the hearing.
    • Obtained orders to seize more than 5,000 illegally copied videotapes on behalf of an international entertainment company; secured permanent injunctions and final judgments for copyright infringement claims and violations of film licensing agreements.

    Energy Sector

    • Won a complete defense verdict for an oilfield pressure control company in a monthlong jury trial involving claims of trade secret misappropriation in which the plaintiff sought over $200 million in compensatory and punitive damages.
    • Served as lead trial counsel for an international oilfield drilling service provider in a $35 million lawsuit in Texas that alleged an energy company underfunded a joint venture to refurbish an oil rig in Singapore to be used off the coast of Alaska, causing the deal to fail. The lawsuit was extensively covered in numerous publications, including Law360, Petroleum News, The Alaska Journal of Commerce and The Homer Tribune.
    • Successfully defended an energy service company in litigation regarding the failed acquisition of oilfield rental tool company. The lawsuit, which spanned five years, involved complex allegations of negligent misrepresentation, fraud, and breach of contract with damages in excess of $10 million. Following extensive discovery, the case settled for a fraction of liability exposure.
    • Defended multiple lawsuits by the Department of Wildlife and Fisheries against energy clients, alleging negative impacts to public oyster seed grounds due to coastal use permit activities. Our clients prevailed on a motion to dismiss, which was affirmed on appeal.
    • Successfully defended mineral lease operator against environmental claims stemming from oilfield legacy litigation. The lawsuit involved evolving theories of liability under the Mineral Code, lease provisions and tort law.

    Intellectual Property Litigation

    • Won a complete defense verdict in defending action for copyright infringement against Cash Money Records for artist Juvenile’s song “Back That Azz Up” in two-week federal trial after plaintiff sought over $50 million.
    • Successfully represented Google, YouTube and affiliated companies in multiple lawsuits alleging defamation, trademark infringement and copyright infringement; every case was dismissed without any settlement payment.
    • Obtained dismissal of a trademark dilution suit filed against an international Fortune 100 computer technology manufacturer in connection with a global advertising campaign.
    • Successfully defended multiple clients in software licensing audits and infringement claims asserted by the Business Software Alliance (BSA) and other software vendors.
    • Obtained temporary restraining orders and preliminary and permanent injunctions against cybersquatters using fraudulent domain names to perpetuate cybersecurity crimes via socially engineered phishing attacks.
    • Obtained dismissal of claims of copyright infringement against an international beverage company in connection with a national television advertising campaign involving Magic Johnson and the lead guitarist for the Saturday Night Live band.
    • Successfully defended a New York-based paint manufacturer against claims of unfair competition and trademark infringement; case settled without any money being paid by the client.
    • Negotiated a substantial cash settlement and a name change in a trademark infringement, dilution, unfair competition and unjust enrichment case filed by national restaurant chain client against a competing restaurant group.
    • Successfully defended a national recording label in a copyright lawsuit over uploading copyrighted material to a MySpace page of the artist Lil’ Wayne; the court dismissed the case without any payment of settlement monies.
    • Handled a 5th Circuit appeal of an adverse verdict against a national computer software company involving highly technical claims of copyright infringement of computer software, trade secret misappropriation and breach of contract. After briefing, the appellees paid our client to settle before the hearing.
    • Obtained orders to seize more than 5,000 illegally copied videotapes on behalf of an international entertainment company; secured permanent injunctions and final judgments for copyright infringement claims and violations of film licensing agreements.

    Energy Sector

    • Won a complete defense verdict for an oilfield pressure control company in a monthlong jury trial involving claims of trade secret misappropriation in which the plaintiff sought over $200 million in compensatory and punitive damages.
    • Served as lead trial counsel for an international oilfield drilling service provider in a $35 million lawsuit in Texas that alleged an energy company underfunded a joint venture to refurbish an oil rig in Singapore to be used off the coast of Alaska, causing the deal to fail. The lawsuit was extensively covered in numerous publications, including Law360, Petroleum News, The Alaska Journal of Commerce and The Homer Tribune.
    • Successfully defended an energy service company in litigation regarding the failed acquisition of oilfield rental tool company. The lawsuit, which spanned five years, involved complex allegations of negligent misrepresentation, fraud, and breach of contract with damages in excess of $10 million. Following extensive discovery, the case settled for a fraction of liability exposure.
    • Defended multiple lawsuits by the Department of Wildlife and Fisheries against energy clients, alleging negative impacts to public oyster seed grounds due to coastal use permit activities. Our clients prevailed on a motion to dismiss, which was affirmed on appeal.
    • Successfully defended mineral lease operator against environmental claims stemming from oilfield legacy litigation. The lawsuit involved evolving theories of liability under the Mineral Code, lease provisions and tort law.

    Insights

    • March 28, 2025

      Phelps Louisiana Team Honored in Super Lawyers’ 2025 Lists …

    • February 9-14, 2025

      International Association of Defense Counsel Midyear Meeting 2025…

    More +
    • August 15, 2024

      185 Phelps Lawyers Chosen for Best Lawyers in America, 20 Named "Lawyer of the Year," 26 Added to “Ones to Watch” List…

    • July 31, 2024

      IP Stars Recognizes Phelps' Intellectual Property Practice and Trio of Lawyers…

    • June 26, 2024

      Class Action Dismissed Over Lack of Injury Raises Bar for Data Breach Suits…

    • June 6, 2024

      Chambers USA Guide 2024 Ranks 24 Phelps Practice Areas and 69 Lawyers…

    • December 19, 2023

      Super Lawyers Recognizes 44 Louisiana Phelps Lawyers in 2024 Honors …

    • August 17, 2023

      Best Lawyers in America Selects 208 Phelps Lawyers, Names 12 "Lawyer of the Year," Adds 47 to "Ones to Watch" List…

    • August 14, 2023

      David Patrón Honored With IADC Joan Fullam Irick Award …

    • July 19, 2023

      2023 IP Stars Ranks Phelps Intellectual Property Practice and Partners…

    • June 1, 2023

      Chambers USA 2023 Ranks 20 Phelps Practice Areas and 60 Lawyers…

    • December 19, 2022

      42 Phelps Lawyers Honored by 2023 Louisiana Super Lawyers and Rising Stars …

    • August 31, 2022

      David Patrón Tapped to Lead IADC Cyber Security Data Privacy and Technology Committee…

    • August 18, 2022

      Best Lawyers in America Selects 158 Phelps Lawyers, Names 10 "Lawyer of the Year," Adds 40 to "Ones to Watch" List…

    • July 12, 2022

      IADC Presents Digital Forensics for Lawyers: Uncovering Hidden Evidence to Win Your Cases…

    • June 1, 2022

      Chambers USA 2022 Ranks 19 Phelps Practice Areas and 56 Lawyers…

    • December 29, 2021

      Super Lawyers Recognizes 46 Louisiana Phelps Lawyers in 2022 Honors…

    • November 1, 2021

      Twenty Phelps Lawyers Named Top Lawyers by New Orleans Magazine…

    • May 21, 2021

      The Ransomware Scourge: Connectivity and Vulnerability in an Internet of Things, 5G World…

    • May 20, 2021

      Chambers USA 2021 Ranks 18 Phelps Practice Areas and 52 Lawyers…

    • February 9, 2021

      New Trademark Modernization Act Strengthens Protections for Trademark Owners…

    • December 28, 2020

      45 Phelps Lawyers Named to Louisiana Super Lawyers and Rising Stars 2021…

    • October 2, 2020

      How to Keep Trade Secrets Secret…

    • December 19, 2019

      44 Phelps Attorneys Named to Louisiana Super Lawyers 2020…

    Recognition

    • AV Preeminent Peer Review Rated, Martindale-Hubbell
    • Chambers USA: America's Leading Lawyers for Business - Litigation: General Commercial
    • Commercial Litigation (2014-2025), Litigation - Intellectual Property (2016-2025), Oil and Gas Law (2016-2025), "Lawyer of the Year" Litigation - Intellectual Property (2017), The Best Lawyers in America
    • Louisiana Super Lawyers list, Super Lawyers (2013-2025)
    • IP Attorney of the Year in Louisiana, Global Law Experts
    • Trademark Star (2023-2024), IP Star (2022), Managing Intellectual Property
    • Client’s Choice Award for IP Due Diligence & IP Due Diligence Attorney of the Year in Louisiana, Corporate INTL
    • Global Award - Competition & Antitrust Law and Intellectual Property in Louisiana, Corporate Livewire (2015)
    • Honored Member in Law, Princeton Premier Registry
    • Top Lawyers, New Orleans Magazine
    • Top Lawyers, Louisiana Life Magazine
    • Power Generation, New Orleans CityBusiness
    • AV Preeminent Peer Review Rated, Martindale-Hubbell
    • Chambers USA: America's Leading Lawyers for Business - Litigation: General Commercial
    • Commercial Litigation (2014-2025), Litigation - Intellectual Property (2016-2025), Oil and Gas Law (2016-2025), "Lawyer of the Year" Litigation - Intellectual Property (2017), The Best Lawyers in America
    • Louisiana Super Lawyers list, Super Lawyers (2013-2025)
    • IP Attorney of the Year in Louisiana, Global Law Experts
    • Trademark Star (2023-2024), IP Star (2022), Managing Intellectual Property
    • Client’s Choice Award for IP Due Diligence & IP Due Diligence Attorney of the Year in Louisiana, Corporate INTL
    • Global Award - Competition & Antitrust Law and Intellectual Property in Louisiana, Corporate Livewire (2015)
    • Honored Member in Law, Princeton Premier Registry
    • Top Lawyers, New Orleans Magazine
    • Top Lawyers, Louisiana Life Magazine
    • Power Generation, New Orleans CityBusiness

    Education

    • Stanford Law School, J.D., 1993
    • Princeton University, A.B., Political Science and Economics, magna cum laude, 1990
    • Stanford Law School, J.D., 1993
    • Princeton University, A.B., Political Science and Economics, magna cum laude, 1990

    Credentials

    • Louisiana
    • Texas
    • U.S. Supreme Court
    • U.S. Court of Appeals for the Fifth Circuit
    • U.S. District Court, Southern District of Texas
    • U.S. District Court, Eastern District of Louisiana
    • U.S. District Court, Middle District of Louisiana
    • U.S. District Court, Western District of Louisiana
    • District Court for the Fort Berthold Indian Reservation, North Dakota
    • Louisiana
    • Texas
    • U.S. Supreme Court
    • U.S. Court of Appeals for the Fifth Circuit
    • U.S. District Court, Southern District of Texas
    • U.S. District Court, Eastern District of Louisiana
    • U.S. District Court, Middle District of Louisiana
    • U.S. District Court, Western District of Louisiana
    • District Court for the Fort Berthold Indian Reservation, North Dakota

    Memberships and Affiliations

    Professional

    • Federal Bar Association
    • Louisiana Bar Association, Intellectual Property Section - Past Chairman, Secretary, and Treasurer & Mediation Registry Committee - Past Chairman
    • New Orleans Bar Association
    • State Bar of Texas
    • International Association of Defense Counsel, Cybersecurity, Data Privacy and Technology Committee - Chair

    Civic

    • Tulane Law School - Adjunct Faculty Member (1994)
    • American Heart Association - Past President and Board Member
    • Mexico Society of New Orleans - Past Executive Officer and Board Member
    • Princeton Alumni Association - Board Member
    • Metropolitan Area Committee Leadership Forum
    • Contemporary Arts Center New Orleans - Board of Trustees
    • New Orleans Regional Leadership Institute
    • World Trade Organization
    • Cub Scouts Den Leader

    Professional

    • Federal Bar Association
    • Louisiana Bar Association, Intellectual Property Section - Past Chairman, Secretary, and Treasurer & Mediation Registry Committee - Past Chairman
    • New Orleans Bar Association
    • State Bar of Texas
    • International Association of Defense Counsel, Cybersecurity, Data Privacy and Technology Committee - Chair

    Civic

    • Tulane Law School - Adjunct Faculty Member (1994)
    • American Heart Association - Past President and Board Member
    • Mexico Society of New Orleans - Past Executive Officer and Board Member
    • Princeton Alumni Association - Board Member
    • Metropolitan Area Committee Leadership Forum
    • Contemporary Arts Center New Orleans - Board of Trustees
    • New Orleans Regional Leadership Institute
    • World Trade Organization
    • Cub Scouts Den Leader
    • Overview
    • Experience
    • Insights
    • Recognition
    • Education
    • Credentials
    • Memberships and Affiliations

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    • Intellectual Property
    • Labor and Employment
    • Oil and Gas and Minerals
    • Cybersecurity, Privacy and Data Protection
    • Antitrust and Trade Regulation
    • Emerging Businesses
    • Media and First Amendment Law
    • Unfair Competition and Business Torts
    • Real Estate and Construction
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