David B. Wilson

Member

Denver, Colorado

Phone: 303.299.8382

Fax: 303.298.0940

dwilson@shermanhoward.com

Education

  • Juris Doctor, University of Texas School of Law, 1986
    • with High Honors
    • Order of the Coif
  • Bachelor of Arts, University of Texas, 1983
    • with Highest Honors
    • Plan II Honors Program
    • Phi Beta Kappa
    • Omicron Delta Kappa

David Wilson is an arbitration and litigation lawyer whose practice focuses on preventing, solving, and (as arbitrator) adjudicating business disputes in the United States and abroad.

David is both a Colorado attorney and a Solicitor of the Senior Courts of England and Wales. He is the former Vice Chair of the ICC Commission on Arbitration and ADR, a member of the American Law Institute, a fellow of the American Bar Foundation and the Chartered Institute of Arbitrators and a Senior Fellow of Litigation Counsel of America.

David’s practice includes international U.S. domestic arbitration under ICC, ICDR, UNCITRAL, AAA, and other rules, international litigation in U.S. and foreign courts, and U.S. domestic federal and state court litigation. Overall, he has handled more than 200 cross-border matters, involving parties in 30 countries. Named Best Lawyers in America’s 2021 Colorado Arbitration Lawyer of the Year, he also has been listed in Expert Guides’ Best of the Best Global and Best of Best USA (Commercial Arbitration), Guide to the World’s Leading Experts in Commercial Arbitration, The International Who’s Who of Commercial Arbitration, Colorado Super Lawyers (Business Litigation), and 5280 (The Denver Magazine) Top Lawyers (International). As a trial lawyer, he won what was then reported to be Colorado’s largest jury verdict ($125.5 million).

David has served as an arbitrator (chair, panelist, sole arbitrator, and emergency arbitrator) 48 times in U.S. and international disputes, including cases under ICC, ICDR, AAA, and other rules. He is a member of the American Arbitration Association’s National Roster of Arbitrators (including Large Complex Case and Mergers and Acquisitions and Joint Venture Panels), the ICDR Panel of Arbitrators and Mediators, and the EU-U.S. Privacy Shield List of Arbitrators.

Both as an advocate and arbitrator, his cases usually concern complex disputes over breaches of contracts, breaches of representations and warranties, mergers and acquisitions, joint ventures, sales of goods, corporations, partnerships, securities, corporate governance, shareholder rights, accounting, business torts, intellectual property, online identity, and employment. Cases have involved diverse industries, such as manufacturing, distribution, oil and gas, oilfield services, renewable energy, e-commerce, credit card and electronic payment processing, broadband telecommunications, satellite launch services, and technology, among others.

Experience

LITIGATION

  • Representing a defendant, a non-profit corporation, in litigation against the California Attorney General’s Office on claims involving GAAP accounting, charitable solicitations, and the First Amendment.
  • Representing the defendant, a Colorado company, in patent infringement litigation in federal court in Delaware.
  • Representing the defendants, a Canadian company and its U.S. subsidiary, in parallel U.S. District Court and U.S. Bankruptcy Court litigation related to two asset sale transactions involving bankrupt companies in the election services industry.
  • Representing three defendants in class action shareholder litigation in the Delaware Chancery Court concerning the merger of two publicly-traded Colorado companies.
  • Representing a defendant in class action shareholder litigation in Colorado federal and state courts concerning the purchase of a publicly-traded Colorado company.
  • Representing the defendant, a Massachusetts company, in post-trial proceedings and in the U.S. Tenth Circuit Court of Appeals, on claims for breach of contract and breach of fiduciary duty.
  • Representing the plaintiff, a Colorado company, on claims for breach of contract, trademark infringement, and deceptive trade practices against a former executive and his new company.
  • Representing the Colorado-based plaintiffs in a suit against a Hong Kong conglomerate for securities fraud, fraud, and breach of contract related to a cable television franchise in Hong Kong. After an 11 week jury trial, the plaintiffs won a $125.5 million jury verdict. Before trial, successfully defended interlocutory proceedings on defendants’ motion to compel arbitration in U.S. District Court, the 10th Circuit Court of Appeals, and the U.S. Supreme Court. After trial, successfully defended the judgment in the Court of Appeals and the Supreme Court, which affirmed 9-0. Through use of turnover and contempt proceedings, forced the defendants to post a supersedes bond pending appeal, which ensured that after the appeals were over, the plaintiffs would recover the $200 million in damages, interest, and attorneys’ fees to which they were entitled.
  • Representing the claimant and working with Panamanian counsel in a dispute under Panamanian law arising out of an investment in Panama.
  • Representing various defendants and working with Israeli counsel in a breach of fiduciary and minority shareholder rights lawsuit in the District Court of Tel Aviv-Jaffa, Israel.
  • Representing the claimant, a Dutch company, and supervising and leading a team of English solicitors and barristers in a suit against a commercial and investment bank in the High Court of Justice, Chancery Division, London. The case, in which there was approximately $2 billion in dispute, concerned the extent to which a bank may compete against its customer when the customer has provided the bank with confidential information about the customer’s business and business plans. The English Court of Appeal upheld a preliminary injunction in favor of the client, and barred the bank from disposing of an asset that the client contended was acquired in violation of the bank’s duties.

 

ARBITRATION (as advocate)

  • Representing the respondents (sovereigns) in a CIArb Rules arbitration under English law involving claims for breach of a contract for services allegedly performed in multiple jurisdictions around the world.
  • Representing the claimant in an ICC arbitration under English law in a dispute with an English company over satellite launch services.
  • Representing the claimant and counterclaim-respondent in an ICC arbitration under New York law against the wholly-owned subsidiary of a Spanish company in a dispute involving a solar energy project.
  • Representing the respondent, a Wisconsin company, in a British Columbia International Arbitration Centre arbitration against a British Columbia company in a dispute under British Columbia law over software development.
  • Representing the claimant, a German company, in an ICC arbitration under German law against a California company in a dispute over chargeback fines in e-commerce transactions.
  • Representing the respondent and counterclaimant, a German company, in an ICC arbitration under German law against a California company in a dispute over electronic payment processing for e-commerce transactions.
  • Representing the claimant, a Colorado company, in an ICDR arbitration under New York law against a Mexican company in a dispute over a post-closing purchase price adjustment related to the sale of a broadband telecommunications system.
  • Representing the claimant, a Colorado company, in an ICC arbitration under English law against a Saudi Arabian company in a dispute related to an MMDS television project.
  • Representing the claimant, a California company, in a non-administered AAA Commercial Rules arbitration under New York law seeking a post-closing purchase price adjustment in connection with the sale of a biodiesel plant.
  • Representing a Texas company in multiple non-administered AAA Commercial Rules arbitrations for breach of contract under New York law against another Texas company related to the sale of natural gas assets, including claims for a post-closing working capital adjustment.

 

ARBITRATION (as arbitrator)

  • Panel chair in an ICDR arbitration in a dispute under Texas law between a multinational company and Taiwanese and U.S. companies on claims concerning parts manufactured for a power plant in Asia.
  • Panel chair in an AAA arbitration in a dispute concerning the breach of an agreement for the distribution of chemical additives.
  • Emergency arbitrator in an ICDR arbitration under Illinois law concerning a joint venture involving a European sports team.
  • Sole arbitrator in an AAA arbitration in a dispute under California law for breach of a loan agreement and guaranty.
  • Sole arbitrator in an ICDR arbitration in a dispute under Mexican law between a British Columbia company and a Texas company and its Mexican subsidiary on claims related to a mining venture in Mexico.
  • Sole arbitrator in an ICC arbitration in a dispute under Colorado law between a Colorado company and a Texas company on claims for breach of a contract for the sale of specialty chemicals.
  • Sole arbitrator in an ICDR arbitration in a dispute under English law between a Singapore company and a Texas company on claims for breach of a contract for the sale of goods related to an offshore oil terminal in Asia.
  • Sole arbitrator in an ICDR arbitration in a dispute between various individuals and an Ontario company on claims for breach of contract arising out of share purchase agreement involving a company in the healthcare industry.
  • Panel member in an AAA arbitration in a dispute under Colorado law between the members of a Colorado limited liability company over amounts owed to a withdrawing member.

Publications & Presentations

PUBLICATIONS

  • Emergency Arbitrator Rules Among Four Major Arbitral Institutions Both Alike and Different (with Adrian “Jay” Leonard IV)
    Expert Guides’ Best of the Best USA | March 2019
  • An Updated Overview of Issues to Consider when Using Information Technology in International Arbitration
    ICC International Court of Arbitration Bulletin (with Erik Schaefer) | March 2017
  • Issues for Arbitrators to Consider Regarding Experts
    ICC International Court of Arbitration Bulletin Vol. 21-No. 1 (with Erik Schaefer) | 2010
  • Issues for Experts Acting Under the ICC Rules for Expertise or the ICC Rules of Arbitration
    ICC International Court of Arbitration Bulletin Vol. 20-No. 1 (with Erik Schaefer) | 2009
  • An Overview of U.S. Federal Court Decisions Regarding Interim Remedies in International Commercial Arbitration
    International Commercial Arbitration: Natural Resources, Environment, and Technology Disputes (Canadian Bar Association) | 2005
  • Investment in Europe: An Overview of Common Legal Issues
    The Colorado Lawyer (with Paul Thompson and Annette Schueller) | June 2002
  • How U.S. Courts Interpret Arbitration Agreements
    International Distribution Law (Transnational Publishers) | 2001
  • Recognition and Enforcement of Money Judgments in United States Courts
    International Judicial Assistance in Civil Matters (Transnational Publishers) | 1999

 

PRESENTATIONS

  • International Arbitration: Answering Your Questions and Receiving Your Feedback
    Webinar sponsored by Arizona Chapter of the Association of Corporate Counsel and ASU’s Lodestar Dispute Resolution Center | February 2021
  • Ethics in International Arbitration
    Seminar sponsored by International Centre for Dispute Resolution, CBA Int’l Law Section, and CBA Section of Litigation, Denver, CO | November 2019
  • International Arbitration: Answering Your Questions and Receiving Your Feedback
    Seminar sponsored by ICC Int’l Court of Arbitration and Colorado Ass’n of Corporate Counsel, Denver, CO |June 2019
  • International Arbitration: Key Issues for New Mexico Businesses
    Seminar sponsored by ICC Int’l Court of Arbitration, New Mexico State Bar Trial Section, and University of New Mexico Law School, Albuquerque, NM | June 2019
  • Cybersecurity and Data Protection in Int’l Arbitration: Practical Suggestions for Case Management and Compliance
    Practicing Law Institute One-Hour Briefings | October 2018
  • Avoiding Common Mistakes in International Arbitration
    Seminar sponsored by ICC Int’l Court of Arbitration and Arizona Chapter of Ass’n of Corporate Counsel, Phoenix, AZ | February 2018
  • Technology and ADR – The Risks and Opportunities (Legal Framework and Institutional Guidance)
    Conference sponsored by Chartered Institute of Arbitration, London, England | November 2017
  • Cybersecurity in International Arbitration
    12th ICC New York Conference, sponsored by ICC Int’l Court of Arbitration, New York, NY | September 2017
  • An Overview of Sanctions for Unsuccessful Challenges to Arbitral Awards
    American Bar Ass’n Annual Meeting, CLE in the City Series, New York City, NY | August 2017
  • Key Issues in International Arbitration
    seminar sponsored by ICC Int’l Court of Arbitration, World Trade Center Utah and Utah State Bar Int’l Law Section, Salt Lake City, UT | March 2016
  • Key Issues to Consider Regarding Domestic and International Arbitration
    Seminar sponsored by American Arbitration Ass’n and Colorado Ass’n of Corporate Counsel, Denver, CO | November 2015
  • Moderator, Successfully Bringing Parties to the Mediation Table, at conference on “ICC Mediation: Essentials for Efficient Dispute Resolution”
    ICC Int’l Court of Arbitration, New York, NY | September 2013
  • Getting the Most Out of Int’l Arbitration: Tips for Making Your Case More Efficient and Less Expensive
    Arizona State Bar Convention, Phoenix, AZ | June 2013
  • International Litigation vs. International Arbitration: What Difference Does it Make, Getting the Most Out of International Arbitration: Tips for Making Your Case More Efficient and Less Expensive, and Ethics Issues for Counsel in Int’l Arbitration
    Seminar sponsored by ICC Int’l Court of Arbitration and Idaho State Bar Int’l Law Section, Boise, ID | June 2013
  • The Foreign Corrupt Practices Act from Start to Finish
    Annual conference sponsored by the Colorado Human Resources Ass’n, Denver, CO | January 2013
  • Thoughts on the 2012 Revisions to the ICC Rules of Arbitration
    Sponsored by Center for International Legal Studies, Steamboat Springs, CO | February 2012

Professional Activities

  • American Bar Foundation, Fellow
  • American Law Institute, Member
  • Biennial of the Americas, Director
  • Chartered Institute of Arbitrators, Fellow
    • Chair, North American Branch, Rocky Mountain Chapter
  • Christian Legal Society, Member
  • Colorado Bar Association (Vice Chair, International Law Committee)
  • Denver Bar Association, Member
  • The Federalist Society, Member
  • 14th Judicial District Judicial Performance Commission, Commissioner
  • Global Data Protection and Privacy Arbitration Forum, Member
  • ICC Commission on Arbitration and ADR (Vice Chair, 2014-17; Member, since 2004)
    • Co-Chair, Task Force on Expertise
    • Co-Chair, Task Force on the Use of Information Technology in Arbitration
  • International Council for Commercial Arbitration (ICCA), Member
  • International Bar Association, Member
  • Litigation Counsel of America, Senior Fellow
  • U.S. Council for International Business Arbitration Committee
    • Chair, Rocky Mountain Subcommittee

Highlights

  • Best Lawyers in America, Arbitration (2017-2021), Denver Arbitration Lawyer of the Year (2021)
  • Euromoney’s Expert Guides’ Best of the Best Global, Commercial Arbitration (2019-2021)
  • Euromoney’s Expert Guides’ Best of the Best USA, Commercial Arbitration (2017-2021)
  • Guide to the World’s Leading Experts in Commercial Arbitration (2007-2021)
  • Super Lawyers, Business Litigation, Colorado (2006-2021)
  • 5280 Magazine, “Top Lawyer,” International (2015-2021)
  • ACQ Magazine, “Lawyer of the Year,” Business Litigation, Colorado (2016)
  • International Who’s Who of Commercial Arbitration (2009-2019)
  • Martindale-Hubbell, “AV” Rated
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