Bio

David Harris brings a valuable combination of trial
experience and efficient, practical counsel to the energy,
health care and securities companies he represents
nationwide.

David Harris’ litigation practice focuses on the energy, securities and
health care industries, representing large integrated energy companies,
broker-dealers in securities matters and a broad spectrum of other
companies and industries.

He has defended over 50 class actions in almost every state, including
trying class actions to verdict. He handles a significant amount of
litigation on behalf of major energy companies, defending them against
claims including motor fuel advertising rule violations, price
discrimination, fraud, franchise violations and breach of contract.

In his securities work, David has represented broker-dealers in large
complex class actions in venues throughout the country, as well as in
front of regulatory agencies. Cases have included defense of revenue sharing practices, alleged wage and hour violations and municipal bond failures, among others.

In the health care field, David typically represents institutional providers
in payment disputes with governmental and private payors, including
managed care plans, state and federal regulating authorities
concerning licensure, certificate of need and conditions of participation including governmental compliance with program requirements, and
medical staff privileging disputes.

His court admissions include the U.S. Supreme Court, the 6th, 7th, 8th
and 10th U.S. Circuit Courts of Appeals and numerous District Courts.
David is a former member of the firm's executive committee and board
of directors.

PROFESSIONAL AFFILIATIONS
● Litigation Counsel of America
● American Bar Association
● The Missouri Bar
● Missouri Hospital Association
● Illinois State Bar Association
● The Bar Association of Metropolitan St. Louis

HONORS & AWARDS
● Chambers USA, Litigation: General Commercial, 2013-2019
● Benchmark Litigation, Local Litigation Star, 2015-2020
● The Best Lawyers in America, Commercial Litigation, Franchise
Law, Health Care Law, 1991-2020
● "Who's Who in Energy," American City Business Journals,
2012-2015
● Missouri & Kansas Super Lawyers, Business Litigation,
2005-08, 2010-18
● Illinois Leading Lawyers, Commercial Litigation, Energy Law,
Franchise & Dealership Law, Health Law
● Ronda F. Williams Spirit of Diversity Award, 2016
● Litigation Counsel of America, Fellow
● America’s Top 100 High Stakes Litigators, 2018

REPRESENTATIVE MATTERS
Energy
● Lead counsel for a major oil company in defending against
former operators of all branded stations in the suit area who
claimed the defendant defrauded them and breached contracts
in connection with the operation of those stations. Plaintiffs were
seeking $28 million in damages. After remand from the Eighth
Circuit Court of Appeals from an earlier dismissal, on
September 30, 2012, the U.S. District Court for the Western
District of Missouri again dismissed plaintiffs' claims because of
discovery abuses resulting from plaintiffs’ failure to preserve,
and permitted destruction of, key financial information.
● Lead counsel for a major petroleum refiner in defeating motions
for TROs and preliminary injunctions by over 100 California
dealers challenging lease expirations and franchise
terminations and non-renewals.
● Lead counsel for a major petroleum refiner in a two-month trial
brought by Chicago area gas station and convenience store
operators for franchise violations, fraud and breach of contract
seeking over $120 million in damages. A complete defense
verdict was returned.
● Lead counsel for one of the big six oil companies in multi-district
litigation involving 34 class actions alleging consumer fraud for
allegedly failing to temperature adjust motor fuel sales. David
serves on the steering committee and other defense
committees in the MDL.
● Lead counsel in multi-jurisdiction price discrimination claims
brought by present and former dealers of major oil companies.
(Missouri, Illinois, Alabama, Georgia, North Carolina, Virginia
and Maryland).
● Prevailed in a month long trial in California defending a major oil
company in its model contract used throughout the United
States with ancillary cases in Indiana, Missouri and Ohio.
● Lead counsel for a major oil company facing gas station
franchisees’ claims of unfair wholesale pricing. A bellwether trial
in California Superior Court in Los Angeles involved four out of the hundreds of similar claims from dealers nationwide, and it concluded in favor of the oil company, with the jury determining its pricing was fair.
Securities & Financial Services
● Lead counsel for a national stock brokerage firm in defending its revenue-sharing practices. This
included Consolidated Securities Class Actions alleging the failure to adequately disclose over
$384 million in revenue sharing payments, negotiating with federal and state agencies to resolve
regulatory concerns, and defending state civil enforcement actions including those brought by
California.
● Lead counsel for a national brokerage firm in consolidated class actions alleging wage and hour
violations for over 10,000 brokers.
Health Care
● Was selected as counsel for the Missouri Hospital Associate to prepare its amicus brief on the
seminal case establishing the limitations on a physician’s right to sue hospitals for credentialing
decisions.
● Successfully defending numerous hospital systems in putative class actions challenging hospital charges to uninsured patients.

NEWS
42 Greensfelder attorneys named to 2020 Best Lawyers
August 15, 2019
Greensfelder attorneys rank in Chambers USA 2019 edition
April 2019
20 Greensfelder attorneys ranked as Missouri Super Lawyers for 2018
November 2018
Greensfelder ranks among Benchmark Litigation’s top firms for 2019
October 15, 2018
38 Greensfelder attorneys named to 2019 Best Lawyers, including four ‘Lawyers of the Year’
August 2018
Greensfelder ranked in Chambers USA for 2018
May 3, 2018
Benchmark Litigation lists Greensfelder among top firms for 2018
October 2017
Greensfelder attorneys earn rankings in Chambers USA 2017
May 26, 2017
Greensfelder attorneys named to Chambers USA rankings for 2016
May 27, 2016
Greensfelder team leads BP to significant victory in gasoline pricing trial
August 17, 2015
David Harris named to Who's Who in Energy 2014-15 by the American City Business Journals
December 2, 2014
8th Circuit affirms dismissal of suit brought by Shell-branded station operator
August 21, 2014
Greensfelder team helps close $2.6 billion sale of BP refinery, terminals
February 8, 2013
Congratulations to David Harris, named to the St. Louis Business Journal's "Who's Who in Energy"
November 2012
Congratulations to David Harris and Sandra Gallini on defeating an application for TRO and preliminary
injunction
May 3, 2012

SEMINARS & SPEAKING ENGAGEMENTS
"Responding to Crises Events - the Broker-Dealer's Perspective"
Panel Discussion, Edward Jones Legal Summit, St. Louis, Missouri, June 18, 2013
"Pricing Patterns and Behavior That Cause Litigation Risks"
ABA Petroleum Marketing Attorneys' Meeting, Washington, D.C., April 12, 2013
"Litigating a Case Under the Petroleum Marketing Practices Act"
ABA Forum on Franchising, Austin, TX, October 2008
"Post Market Divestment Litigation"
Petroleum Marketing Attorneys' Meeting, Washington, D.C., 2008

PUBLICATIONS
Articles & Books
"Supreme Court Ruling in Halliburton Raises the Bar for Class Certification"
Bloomberg BNA Expert Evidence Report, September 26, 2014
"U.S. Supreme Court Poised to Address Class Action Practices in Yet Another Term"
BNA's Class Action Litigation Reporter, January 10, 2014
"SCOTUS Continues to Mold Class Action Standards"
Annual Law Day Edition of the Chicago Daily Law Bulletin, April 27, 2013
"Concepcion's impact on the judicial enforcement of class-action waivers"
Westlaw Journal, August 2012
"Walmart decision may have far-reaching impact"
Chicago Daily Law Bulletin, July 7, 2011
"Cellphone case impacts consumer class actions"
Chicago Daily Law Bulletin, May 26, 2011
"Class Action Waivers: Supreme Court rejects California's attempt to ban class-action waivers"
Westlaw Journal, May 24, 2011

David M. Harris

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