As the Managing Member of Cobb Martinez Woodward PLLC, David Woodward brings more than 25 years of experience handling sophisticated litigation and representing companies and their professionals in Texas courts. Mr. Woodward's practice has been devoted primarily to commercial litigation and professional malpractice in which he has prosecuted and defended claims for energy companies, franchisees and staffing entities, investment advisors, and construction professionals among others. He often counsels clients on risk avoidance issues and is called upon regularly to provide in-house continuing education seminars.
Representative Matters
Obtained defense verdict in a trial involving issues of insurance agent malpractice, deceptive trade practices and fraud in which the plaintiffs sought over $100,000 in damages, claiming the insurance agent had misrepresented the commencement of coverage date and the terms and conditions of the policy.
Successfully obtained a no liability finding against allegations of violations of state and federal securities laws in the defense of a securities broker and financial planner in Oklahoma City.
Obtained summary judgment on behalf of an intellectual property attorney alleged to have failed to secure a trademark. The company had claimed over $10 million in lost profits and damages to its business.
Areas of Practice
- Accountant Malpractice
- Architect & Engineer Defense/E&O
- Commercial Litigation
- Construction Litigation
- Insurance Agent/Broker Defense
- Investment Advisor Litigation
- Legal Ethics & Professional Responsibility
- Legal Malpractice
- Professional Liability
- Real Estate Professionals E&O
- Security Broker/Dealers Defense
- Trade Secrets
- Unfair Competition
Bar Admissions
- Texas, 1986
- U.S. District Court Eastern District of Texas
- U.S. District Court Northern District of Texas
- U.S. District Court Southern District of Texas
- U.S. District Court Western District of Texas
- U.S. Court of Appeals 5th Circuit
- U.S. Supreme Court
Education
- Southern Methodist University School of Law, Dallas, Texas
- J.D. - 1986
- Honors: Journal of Air Law & Commerce
- Honors: Instructor of Legal Writing, 1987-1989
- Southern Methodist University, Dallas, Texas
- B.S. – 1981, Double Degree
- Major: Computer Science
- Major: Mathematics
- Honors: Member, Kappa Mu Epsilon
Honors and Awards
- Named a "Texas SuperLawyer" by Texas Monthly and Law and Politics Magazine, 2009 - 2012
- Selected as a Life Fellow of the Texas Bar Foundation – 2010
- Named to "2010 Super Lawyers Corporate Counsel Edition" by Texas Monthly and Law & Politics Magazine, Business Litigation
- Named to "2011 Super Lawyers Business Edition" by Texas Monthly and Law & Politics Magazine, Business Litigation
- Selected as a "2012 Top Rated Lawyer in Commercial Litigation" by American Lawyer Media.
Published Works
- "A Look at Accountant Liability After Enron", Texas Lawyer, February, 2002
- "Legal Malpractice Claims: If It Walks Like a Duck", (Co-Author), Texas Lawyer, August, 2002
- "Accountant Malpractice" and "Architect and Engineer Malpractice", James Publishing Company, 1998
- Contributing Writer, American Bar Association Antitrust Insurance Newsletter, 1988
Professional Associations and Memberships
- State Bar of Texas, Litigation Section, Member
- Dallas Bar Association, Member
- Professional Liability Defense Federation, Member
- Texas Bar Foundation
- Texas Center for Legal Ethics
Reported Cases
- Taylor v. Hale, 396 Fed. Appx. 116(5th Cir. 2010)
- Bergenholtz v. Cannata, 200 S.W.3d 287 (Tex. App., Dallas 2006)
- Dykman v. Fuqua, 2006 Tex. App. Lexis 5231 (Tex. App., Dallas)
- Barron v. Vanier, 190 S.W.3d 841 (Tex. App., Fort Worth 2006)
- In Re Walston, 2004 Tex. App. Lexis 10357 (Tex. App., Waco)
- Tate v. Goins Underkofler, 2003 Tex. App. Lexis 4871 (Tex. App., Dallas)
- Krames v. Bohannon Holman, LLC, 638 F.3d 489(N.A.Tex.2011)
- Nunez v. Rinker's Boat World, 2005 U.S. Dist. LEXIS 36170
- T.E. Constr. Specialties, Inc. v. Vista Benefits, 2003 U.S. Dist. LEXIS 17215
- Sparks v. Stone St. Capital, Inc., 2002 U.S. Dist. LEXIS 13744
- Schadler v. Anthem Life Ins. Co., 2000 U.S. Dist. LEXIS 1623
- United States ex rel. Johnson v. Shell Oil Co., 33 F. Supp. 2d 528 (E.D. Tex. 1999)
