Our Practice Our Attorneys Contact Us / Map
David Gerger Shaun Clarke David Isaak Dane Ball Sarah Cooper
David Gerger

BA, Yale University (1982)

JD, University of Texas (Law Review – Book Review Editor) (1985)

Judicial Clerk, U.S. District Judge Harry Lee Hudspeth (W.D. Tex.)
and U.S. Fifth Circuit Judge Jerre Williams

Vinson & Elkins (1987-1991)

Asst Federal Public Defender (1991-1993)

Foreman, DeGeurin, Nugent & Gerger (1994-2004)

Listed in Best Lawyers in America; SuperLawyers
(top 100 in Texas); Chambers USA



Recent Cases: 

Though David grew up trying complex criminal cases, he increasingly is called on in high-stakes civil cases as well.  In 2009, for example, David successfully defended the Glassell Family charity in a challenge to Alfred Glassell’s will before a jury in Harris County probate court, and won a federal jury trial for an international oil services company facing a $500 million damages claim. 

In cases against the government, David:  

Has handled hundreds of investigations trials and appeals for individuals and businesses both foreign and domestic, and public and private.  His current cases concern allegations of securities fraud, trade sanctions, foreign bribery, commodities manipulation, environmental violations, tax fraud, price fixing, and insurance/wire fraud; 

Won acquittal in the “Marine Hose Price Fixing Cartel” jury trial in West Palm Beach, Florida, defeating the testimony of witnesses who pled guilty for leniency to testify against his client;

Won dismissal of all charges before trial for BP propane trader accused of commodities “manipulation” when the Court held that the Commodities Act did not cover the indicted conduct and was unconstitutionally vague;

Won dismissal of all charges in the “Spring Shadows Glen” psychiatry fraud trial after six months of jury trial;

Reversed the “Ahmad” Clean Water Act conviction, establishing that pollution is not a strict liability crime;

Won dismissal of mortgage fraud indictment against an appraiser;

On appeal, reversed the 24 year prison sentence of Dynegy’s Jamie Olis and, at new sentencing hearing, won 18-year reduction;

Represented the ex-CFO of Enron throughout civil, criminal, SEC, Congressional, and media crises after the company’s collapse.


Articles/Speeches:    

David is a frequent speaker about criminal law at seminars around the country.  Recent speeches include: Emerging Issues in White Collar Criminal Law, Louisiana State Bar Ass’n, New Orleans (2009); Criminal Issues in Civil Cases, State Bar of Texas Advanced Civil Trial Course, San Antonio (2009); Use and Abuse of Experts in "Loss" Calculations, Nat’l Ass’n of Criminal Defense Lawyers (San Francisco B 2007) (with Joseph Grundfest); “Loss” in Securities Cases, Houston Bar Ass’n (2007);  Criminal Issues for the Civil Practitioner, State Bar of Texas Advanced Civil Trial Course (2006);  Securities Fraud, ABA National Institute, Washington, D.C. (2006); Inside U.S. v. Skilling & Lay, Georgetown Univ. Law Center/Nat’l Ass’n of Criminal Defense Lawyers, Washington, D.C. (2006);  Crimes You Never Heard Of: The Criminalizing of Business Practices, North American Power Credit Organization (2006); New Trends in Criminal Law, University of Texas 28th  Corp. Counsel Inst., (2006);  Criminal Law Issues in Civil Cases, South Texas College of Law Advanced Seminar (2006); Trial Tactics, National Ass’n of Criminal Defense Lawyers Advanced Course, Aspen, Colo. (Jan. 2006); How Do You Say No? Responding to a Search, Arrest, or Other Close Encounter with the Police, 43 Houston Lawyer 3 at 23 (2005); Pleas & Sentences after Booker, Georgetown Univ. Law Center/National Ass’n of Criminal Defense Lawyers Seminar (2005); Areas of Criminal Liability in the Energy Industry, A.B.A. Energy Litigation Conference (2004); Lessons to Be Learned and Trends in Corporate Criminal Prosecution, KPMG Insights Seminar (2004); Controversy Over the Sentencing Mis-Guidelines, 20 Texas Lawyer No. 28 at 41 (2004); Federal Criminal Law, Texas Criminal Defense Lawyers’ Ass’n Conference (2004); How New Laws on Obstruction of Justice are Affecting Business, Houston Business Journal (2004); Obstruction of Justice, Texas General Counsel Forum (2004).

 

 

David Gerger