Practice Areas
Complex Commercial Litigation
Coal & Other Natural Resources
Contract Negotiation & Litigation
Indian Law
Employment
& Unfair Competition Litigation
Arbitration & Mediation
Over a billion dollars in favorable judgments.
Obtained favorable settlements and judicial opinions in employment disputes involving unfair competition, interference, jurisdiction, and breach and enforcement of employment and independent contractor agreements.
Obtained numerous judgments, rulings and judicial opinions regarding important issues of Indian law and contracts governed by federal, state and Indian law in federal, state and Indian trial and appellate courts and in related arbitrations and mediations.
Obtained favorable federal and state orders and judicial opinions relating to legal and medical professional responsibility.
Achieved favorable settlements in litigation and other disputes about nutraceuticals, packaging, automobiles and other products.
In major cases alleging commercial bribery, breach of fiduciary duty and prostitution, obtained settlements under which the client that was accused of bad acts showed that it had not committed those acts, but that third parties had committed the alleged acts. The third parties paid the client significant amounts to settle claims.
Advised numerous companies in the United States and abroad about duties relating to document retention, preservation of litigation-related electronically stored information and claims of spoliation and bad faith in litigation.
With settlements favorable to both
clients and industry.
Obtained a substantial settlement (valued at $1 billion, measured as the difference between the settlement amount and the amount claimed by the opposing party) in a dispute about the method and pricing of long-term energy supply agreement agreements.
Obtained a jury verdict for $18.8 million for a major coal company in a pricing dispute with a purchaser of coal under a long-term coal supply agreement.
Negotiated favorable settlements in arbitrations, mediations and state and federal litigation regarding ownership, royalty and other revenue issues in numerous energy and minerals disputes, including oil and gas, gold, barite, coal and geothermal resources.
Achieved a judgment worth several million dollars and an associated federal judicial opinion announcing a method for resolving force majeure and other pricing and indexing issues under long-term energy agreements. The result was favorable both to specific clients and to the industry in which those clients do business.
Achieved important federal rulings related to ERISA litigation.
Complex Commercial Litigation
In addition to understanding the processes and techniques of conflict resolution, successful complex commercial litigation requires mastery of the business, economics and commercial reality of each unique dispute.
David Isom focusses on the unique commercial reality of each dispute.
Coal & Other Natural Resources
David Isom has litigated and arbitrated numerous disputes relating to minerals and energy resources including coal, oil and gas, geothermal resources, gold, silver and barite.
These disputes have included issues of ownership, royalties, and indexed and cost-related pricing.
Contract Negotiation and Litigation
Commercial disputes often include contract, non-contract (i.e., tort) and statutory claims.
Disputes often reveal, in the heat of battle, aspects of contracts that can be improved to avoid future disputes. Through litigation, David Isom has often become involved in negotiating and improving client contracts to avoid disputes that have led to litigation.
Employment & Unfair Competition Litigation
David Isom has represented employers in numerous disputes with competitors and employees, including in claims relating to competition, confidentiality, intellectual property and compensation.
Indian Law
David Isom has litigated and arbitrated numerous disputes with Indian tribes, including contract, mineral, energy and employment issues under Indian, federal and/or state law, and the allocation of jurisdiction for Indian-related matters in tribal, federal and state courts.
Arbitration & Mediation
The goal of dispute resolution is to achieve the best possible outcome, weighing cost and risk in the context of the client’s values and goals.
David Isom has extensive experience with the numerous important tools of American dispute resolution, including complex, quantitative risk analysis; the judicial process of federal, state and Indian courts, including motions, jury and non-jury trials and appeals; negotiation; arbitration; and mediation.