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Ball, David J.
David J. Ball
P: +1.212.508.6133
F: +1.800.404.3970

Erika Leccesse


David J. Ball is a partner in Bracewell’s trial practice, where he focuses on intellectual property litigation (patent, copyright, trademark, trade dress, and IP theft), bankruptcy litigation, and state and federal appeals. He has experience litigating both offensive and defensive patent infringement matters across a wide range of technologies in federal district courts and before the International Trade Commission.  Beyond adversarial proceedings, David utilizes his litigation background to assist technology companies with the drafting and preparation of contracts, agreements, and licenses.  He also counsels clients in connection with IP-based business matters, including issues related to royalty audits and joint collaboration arrangements involving the transfer and development of IP rights.

David also regularly represents both debtors and creditors in bankruptcy litigation. He has experience in chapter 11, chapter 15, and chapter 9 bankruptcy matters and has litigated numerous chapter 11 matters before the bankruptcy courts and federal appeals courts. In addition, David advises financial services firms (international banks, regional banks, hedge funds, etc.) in distressed investment strategy and complex commercial disputes, routinely drawing on his litigation experience to counsel clients on risk analysis, contract formation and mergers and acquisitions in distressed situations. 

Prior to joining Bracewell, David served as a clerk in the Southern District of New York for the Hon. William C. Conner and on the Tenth Circuit Court of Appeals for the Hon. Monroe G. McKay.

Representative Matters

Defend international electronics company in International Trade Commission patent infringement investigation

Defend major electronics manufacturer in licensing dispute

Authored Supreme Court amicus brief in Hana Financial, Inc. v. Hana Bank on behalf of successful respondent

Defended options exchange against high-frequency trading class action;

Defended shipping ports in multi-district patent infringement actions;

Defend international electronics company in patent infringement action;

Defended energy trading company in breach of contract and fraud action;

Represented global banking group in structured financial product insurance litigation and obtained favorable pre-trial settlement;

Obtained dismissal and affirmance on appeal before 8th Circuit of class actions concerning mortgage practices for multinational bank;

Authored 4th Circuit amicus brief in Shammas v. Focarino concerning fees charged to trademark applicants;

Successfully represented creditor in bankruptcy litigation and appeals before 11th Circuit and Nevada Supreme Court arising out of collapse of billion-dollar casino construction project;

Second-chaired bankruptcy valuation trial for second lien lenders and defeated debtors’ proposed valuation;

Represented second lien group in bankruptcy litigation and restructuring concerning construction equipment rental business;

Represented major retailer in internet taxation appeal before the New York Court of Appeals; and

Conducted various internal investigations involving potential securities law violations, accounting fraud, and bribery for entities such as global bank, $10 billion AUM hedge fund, and international construction firm.

Publications and Speeches

"Best Practices to Establish and Maintain a Proactive Royalty Compliance Program," Association of University Technology Managers (AUTM), September 30, 2016

“Patent Damage Pitfalls Await the Unprepared,” IP Magazine, September 2016

“Trademark Tacking And What It Means For Your Brands,” World Trademark Review, August/September 2015

"Brand Owners Can Make Trademark Tacking Stick," Law 360, January 2015. 

"Reading the Tea Leaves on Cybersecurity Regulation," American Banker, November 2014

“IP Owners Beware: The Third Industrial Revolution is Upon Us”  LawyerMade (Sept. 2014)

“Expedited Procedures in New York Courts Guarantee Trial in Just Nine Months”  Transaction Advisors (Aug. 2014)

“Software patents survive Supreme Court's Alice decision, but questions linger” Westlaw J. Comp. & Internet, Vol. 32, Issue 3 (July 2014)

“Delaware Court Clarifies Director and Officer Liability in M&A Transactions,” Transaction Advisors (July 2014)

Note, Toss the Travaux? Application of the Fourth Geneva Convention to the Middle East Conflict - A Modern (Re)Assessment, 79 N.Y.U. Law Rev. 990, 2004.


J.D., cum laude, New York University School of Law, 2004
B.A., cum laude, Tufts University, 2000

Bar Admissions

New York
District of Columbia
New Jersey

Court Admissions

U.S. Supreme Court
U.S. Courts of Appeal for the 2nd, 4th, 9th, and 10th Circuits
U.S. District Court for the Southern, Eastern and Northern Districts of New York
U.S. District Court for the Eastern District of Texas
U.S. District Court for the Western District of Arkansas


Thomson Reuters, New York Super Lawyers Rising Stars, 2014