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Practice Areas: Civil Litigation, Insurance Law

Additional Information:

David McDowell has served the trial and litigation needs of clients in the financial services industry in a diverse group of matters. Among other areas, he has extensive experience in commercial litigation, class action litigation, arbitrations, forced receiverships, and securities arbitrations. Mr. McDowell counts numerous financial services companies as clients and acts as regional and national counsel on a variety of issues.

Mr. McDowell is a frequent lecturer at various conferences around the country. Mr. McDowell has recently spoken on issues of organized fraud affecting the financial services industry, litigation risks arising out of certain welfare benefit and defined benefit pension plans, and legal developments in the financial services industry.

Prior to helping form Edison, McDowell & Hetherington LLP, Mr. McDowell was a partner at Bracewell & Guiliani LLP. He was also deputy general counsel of litigation for a large financial services company.

Representative Matters
Represented numerous life insurers in actions involving stranger or investor owned life insurance (STOLI, SOLI or IOLI).

Represented corporate client in a putative national class action dismissed on the pleadings involving the tax treatment of annuity payments generated by a pension plan.

Represented corporate client in a putative national class action involving claims of misrepresentation by financial services company to certain pensions plans.

Forced receivership of $250 million welfare benefit plan in Dallas, Texas.

Represented corporate client against allegations of patent infringement that threatened to delay the introduction of new life insurance product.

Represented corporate client in action involving a multi-million dollar fraud perpetrated by a former vendor.

National counsel for large financial services company on issues involving the procurement of life insurance through organized fraud.

Represented former gas trader in multi-million dollar arbitration against multi-national bank.
Participated in over 20 domestic and international reinsurance arbitrations and disputes.

Publications and Speeches
Hot Issues: Stranger Owned Life Insurance (SOLI or STOLI), presented at annual meeting of the American Council of Life Insurers, Washington, D.C., October 2007

SPIN Life: Hedging Insurable Interest, presented at conferences in New York, New York and Indian Wells, California in 2007 and 2008.

Fighting Itinerant Fraud in Life Insurance, The Brief, Summer 2007

Mob Rule: Organized Fraud in the Sale of Life Insurance, paper and presentation, ABA-Tips Mid-Winter Meeting, Miami, Florida, January 2006

A New Litigation Target: Life Insurance Companies Funding Benefit and Pension Plans, Co-written with T. Hetherington, DRI Life, Health and Disability News, Fall 2006

Death Don’t Have No Mercy: Life Insurance Case Law Update, Co-written with A. Publicover, paper and presentation, DRI Life, Health and Disability Conference, Washington, D.C., April 2004

Education
J.D., with honors, The University of Texas School of Law, 1994
B.B.A., cum laude, Texas A&M University, 1988

Bar Admissions
Texas

Court Admissions
U.S. District Court for the Northern, Southern, Eastern and Western Districts of Texas

Affiliations
State Bar of Texas
Texas Bar Association
Defense Research Institute - Life, Health and Disability Committee

Noteworthy
Texas Rising Star, Business Litigation, 2005-2006