David W. Lauritzen Midland, Texas
| Shareholder | |
| phone | (432) 897-1440 (866) 721-6665 (Toll Free) |
| fax | (432) 684-3137 |
| Email Me | |
David is a shareholder in the firm's Litigation Section. He is licensed in both Texas and New Mexico, and is admitted to practice before the United States District Courts for the Western, Northern and Southern Districts of Texas; the United States District Court for the District of New Mexico; United States Fifth Circuit Court of Appeals; United States Tenth Circuit Court of Appeals; United States Federal Circuit Court of Appeals; and the United States Supreme Court. An Eagle Scout, he is an adjunct professor at Midland College and volunteers in many civic, church, and charitable activities.
AREAS OF CONCENTRATION
Federal and State Appeals
David has briefed and argued state and federal appeals regarding claims for oil & gas disputes, qui tam actions, civil rights violations, personal injuries, malicious prosecution, and contractual disputes. He has prepared briefs in both state and federal appeals courts, including the United States Supreme Court and the Texas Supreme Court. His briefs and arguments have helped resolve disputes over oil and gas contracts, discriminatory employment practices, federal common law restitution claims, substantive due process, probate disputes, and fiduciary duties.
Commercial Litigation and Insurance Defense
An active trial attorney, David began his career by defending national insurance companies and their insureds from personal injury claims in both Texas and New Mexico. Although he currently retains a defense docket with respect to catastrophic personal injury defense and other tort claims, David also devotes much of his trial practice to commercial matters, including contractual disputes, fraud and misrepresentation, governmental defense, breach of fiduciary duty, deceptive trade practices, and employment disputes. David has also successfully defended governmental entities, including municipalities, law enforcement agencies, and school boards from constitutional and employment claims.
Oil and Gas Litigation
David has represented a number of clients in oil and gas matters involving operating agreements, environmental remediation, drilling contracts, well service contracts, master service agreements, audit rights, gas purchase agreements, and federal petroleum price control legislation and regulations. He has participated in state and federal court involving federal deregulation, construction and enforcement of operating agreements, operator removal disputes, employment actions, and working interest owner disputes.
EDUCATION
B.A., Political Science, with Honors, Yale University, 1992 (Soviet Military Theory)
J.D., The University of Texas School of Law, 1996
At Yale, David received the Berkeley College Fellows Prize and received highest honors on his senior thesis, entitled "A Comparison of Austria and Switzerland as Military Neutrals in a Post-Cold War Europe." In law school, David served as Trial Director for the Board of Advocates and was a member of The University of Texas National Moot Court Team.
- Areas of Practice:
- Federal and State Appeals
- Commercial Litigation and Insurance Defense
- Oil and Gas Litigation
- Bar Admissions:
- Texas, 1996
- New Mexico
- U.S. District Court Western District of Texas
- U.S. District Court Northern District of Texas
- U.S. District Court Southern District of Texas
- U.S. District Court District of New Mexico
- U.S. Court of Appeals 5th Circuit
- U.S. Court of Appeals 10th Circuit
- U.S. Court of Appeals Federal Circuit
- U.S. Supreme Court
- Education:
- The University of Texas School of Law, Austin, Texas,
1996
J.D.
Honors: Trial Director, Board of Advocates
Honors: Member, The University of Texas National Moot Court Team - Yale University,
1992
B.A.
Honors: With Honors
Major: Political Science (Soviet Military Theory)
- Published Works:
- M&M Liens: Throwing a Wrench into Oil & Gas Revenue Distribution, Permian Basin Association of Division Order Analysts 2010 Winter Seminar, Odessa, Texas, February, 2010
- Tied Up in Knots: Mechanics' and Materialmen's Liens in the Oil Patch, Midland and Ector County Bar Associations 10th Annual West Texas Seminar, Odessa, Texas, January, 2009
- Tied Up in Knots: Mechanics' and Materialmen's Liens in the Oil Patch, State Bar of Texas Advanced Oil, Gas and Energy Resources Law Course, Houston/San Antonio, Texas, September, 2008
- A Flock of Trouble: Liability under Oil and Gas Joint Operating Agreements after Seagull v. Eland, (Co-Author with Christopher S. Kulander), Texas Wesleyan Law Review, Vol. 14, No. 2, Spring, 2008
- Hot Topics: The Latest Interpretations of Current Employment Law, Sterling Educational Services Employment Law Update Midland, Texas, April, 2008
- A Flock of Trouble Seagull v. Eland, The Second Annual West Texas Bench Bar Conference, Midland County Bar Association, Ruidoso, New Mexi, September, 2007
- Nonoperators Beware: The Curious Case Of Seagull V. Eland, Permian Basin Landmen's Association Newsletter, November, 2006
- Revisiting Oilfield Rules of Contract, with a Discussion of Seagull v. Eland, The First Annual West Texas Bench Bar Conference, Midland County Bar Association, Ruidoso, Texas, September, 2006
- Rules of Contract: A Look at the Rules of Contract (and Lease) Construction, Oklahoma Bar Review CLE and Oklahoma Energy Law Association Oil & Gas 2006, Oklahoma City, Oklahoma, April, 2006
- Rules of Contract: A Look at the Rules of Contract (and Lease) Construction, State Bar of Texas 23rd Annual Advanced Oil, Gas and Energy Resources Law Course, Houston, Texas, September, 2005
- FLSA/Wage and Hour Basics More Important Now than Ever, Sterling Educational Services Practical Applications of Employment Law in Texas, Midland, Texas, January, 2005
- FLSA Update, Sterling Educational Services Human Resources Law Update in Texas, Midland, Texas, May, 2004
- The Termination Process, Sterling Educational Services Hiring and Firing: How to Do It Right, Midland, Texas, December, 2003
- Wage and Hour Update, Sterling Education Services Employment Law Update, May, 2003
- The Wine Corner, Permian Basin Docket Call Magazine, July, 2002
- What Do You Mean It's Not Admissible? Some Documentary Evidence Issues from a Defense Perspective, Presented at the Legal Assistants Association/Permian Basin 2002 Spring Seminar, April, 2002
- White Collar Crime in the Oil patch: Forfeiture, Fines, and Restitution, (Co-Author with Susan R. Richardson), March, 2001
- Dual Representation and the Tripartite Relationship in Insurance Defense, Texas Paralegal Journal, Vol. 6, No. 4, Spring, January, 2001
- Recent Developments with the Age Discrimination in Employment Act, Human Resource Professionals of the Permian Basin, Seventh Annual Employment Update, October, 2000
- The Tripartite Insurance Relationships: Stowers Letters, Kelly Causes of Action, and The Tilley Duty, Ector County Bar Association, March, 2000
- White Collar Crime in the Oil Patch: Who Does the Time and Who Pays the Dime?, (Co-Author with Susan R. Richardson and Ellen House), February, 2000
- Disagreeing Over Your Agreement: Figuring Out the Meaning of the Contract and, if Necessary, How to Get Out of It, GPM Gas Seminar, July, 1999
- The Legal Assistant's Guide to the Top 10 Changes to the Texas Discovery Rules and The Discovery Rules Outline, (Co-Author with Chris Aycock), April, 1999
- 1995 COPAS Accounting Procedure, or It is a Very Hard Undertaking to Seek to Please Everybody, Part 2, (Co-Authored with Robert C. Bledsoe and Susan R. Richardson), Texas Oil and Gas Law Journal, Vol. 12, No. 3, July, 1998
- 1995 COPAS Accounting Procedure, or It is a Very Hard Undertaking to Seek to Please Everybody, Part 1, Texas Oil and Gas Law Journal, Vol. 12, No. 2 May, 1998
- The Ten Mistakes that Employers Make, (Co-Author with Susan R. Richardson), April, 1998
- Identification and Investigation of Sexual Harassment (Co-Author with Susan R. Richardson and Julia), June, 1997
- Day-Time Curfews and Truancy Programs in Texas, Texas State Bar Section Report Juvenile Law, Vol 9, No. 2., June, 1995
- Classes/Seminars Taught:
- Speaker, M&M Liens: Throwing a Wrench into Oil & Gas Revenue Distribution, Permian Basin Association of Division Order Analysts 2010 Winter Seminar, Odessa, Texas, February, 2010
- Speaker, Tied Up in Knots: Mechanics' and Materialmen's Liens in the Oil Patch, Midland and Ector County Bar Associations 10th Annual West Texas Seminar, Odessa, Texas, January, 2009
- Speaker, Tied Up in Knots: Mechanics' and Materialmen's Liens in the Oil Patch, State Bar of Texas Advanced Oil, Gas and Energy Resources Law Course, Houston/San Antonio, Texas, September, 2008
- Speaker, Hot Topics: The Latest Interpretations of Current Employment Law, Sterling Educational Services Employment Law Update, Midland, Texas April, 2008
- Speaker, Interest Owner Assignability under Seagull: A Bird of a New Feather, or Just a Rat with Wings?, Live Oak CLE Permian Basin Oil and Gas Law Update, Midland, Texas, February, 2008
- Speaker, A Flock of Trouble Seagull v. Eland, The Second Annual West Texas Bench Bar Conference, Midland County Bar Association, Ruidoso, New Mexico, September 2007
- Speaker, Continuing to Do No Harm Some Ethical Considerations for HIM Managers, Permian Basin Health Information Management Association, July 2007
- Speaker, JOA Case Law Seagull v. Eland, On the Waterfront, 44th Annual Meeting of the Society of Independent Professional Earth Scientists, Monterey, California, June 2007
- Speaker, The Curious Case of Seagull v. Eland, Texas Lone Star Network, June 2007
- Speaker, Litigation Affecting Mineral Management by the Professional Fiduciary,, 2007 Asset Management Conference, Austin, Texas, May 2007
- Speaker, Contract Interpretation and he Curious Case of Seagull v. Eland, Permian Association of Lease and Title Analysts, Midland, Texas, March 2007
- Speaker, Revisiting Oilfield Rules of Contract, with a Discussion of Seagull v. Eland, The First Annual West Texas Bench Bar Conference, Midland County Bar Association, Ruidoso, New Mexico, September 2006
- Speaker, Seagull V. Eland: Whether You Know It or Not, You Are in this Fight, Permian Basin Landmen's Association, Midland, Texas, September 2006
- Speaker, Rules of Contract: A Look at the Rules of Contract (and Lease) Construction, Oklahoma Bar Review CLE and Oklahoma Energy Law Association Oil & Gas 2006, Oklahoma City, Oklahoma, April 2006
- Speaker, Rules of Contract: A Look at the Rules of Contract (and Lease) Construction, State Bar of Texas 23rd Annual Advanced Oil, Gas and Energy Resources Law Course, Houston, Texas, September 2005
- Speaker, FLSA/Wage and Hour Basics More Important Now than Ever, Sterling Educational Services Practical Applications of Employment Law in Texas, Midland, Texas January 2005
- Speaker, FLSA Update, Sterling Educational Services Human Resources Law Update in Texas, Midland, Texas, May 2004
- Speaker, The Termination Process, Sterling Educational Services Hiring and Firing: How to Do It Right, Midland, Texas, December 2003
- Speaker, Wage and Hour Update, Sterling Education Services Employment Law Update, Midland, Texas, May 2003
- Speaker, What Do You Mean It's Not Admissible? Some Documentary Evidence Issues from a Defense Perspective, Legal Assistants Association/Permian Basin 2002 Spring Seminar, Midland, Texas, April 2002
- Speaker, Legal Assistants and the Unauthorized Practice of Law, Legal Assistants Association/Permian Basin, Midland, Texas, February 2002
- Speaker, Recent Developments with the Age Discrimination in Employment Act, Human Resource Professionals of the Permian Basin, Seventh Annual Employment Update, Midland, Texas, October 2000
- Speaker, The Tripartite Insurance Relationships: Stowers Letters, Kelly Causes of Action, and The Tilley Duty, Ector County Bar Association, Odessa, Texas, March 2000
- Honors and Awards:
- Eagle Scout, BSA
- Berkeley College Fellows Prize
- Highest Honors on his Senior Thesis, Entitled "A Comparison of Austria and Switzerland as Military Neutrals in a Post-Cold War Europe."
- Professional Associations and Memberships:
- State Bar of Texas
- Member
- State Bar of New Mexico
- Member
- Midland County Bar Association
- Member
- Association of Defense Trial Attorneys
- Associate Member
- Texas Bar Foundation
- Fellow
- Defense Research Institute
- Member
- Texas Association of Defense Counsel
- Member
- State Bar of Texas Disciplinary Grievance Panel 16-4
- Midland College
- Adjunct Professor
- Midland-Odessa Symphony & Chorale Board of Directors
- Midland Community Theatre Board of Governors

