David Pluchinsky

David Pluchinsky represents clients in commercial, real property, and products liability disputes in Texas, nationally, and internationally, concentrating largely on the energy and chemical industries. Mr. Pluchinsky's clients are typically Fortune 500 companies with complex litigation that may include trial and appellate work in both federal and state jurisdictions.

• Vanderbilt University School of Law, Nashville, Tennessee (J.D., 1987)
  Honors:
  • Moot Court Board
  • Vanderbilt Bar Association
• University of Pennsylvania (B.A. in Economics, Political Science, magna cum laude, 1984)

• Texas
• U.S. District Courts for the Northern, Southern, Eastern, and Western Districts of Texas
• U.S. District Courts for the State of Colorado
• U.S. District Court for the District of Columbia
• U.S. Court of Appeals for the 5th Circuit
• U.S. Court of Federal Claims

• Represented an oil and gas exploration company in defense of a suit for the alleged loss of oil and gas rights in the Timor Sea
• Represented an oil and gas exploration company in disputes related to assignments of a working leasehold interest
• Represented  a gas processor in a dispute relating to the purchase of natural gas liquids under a gas processing agreement
• Represented natural gas purchaser in a qui tam action
• Represented several oil and gas exploration companies in royalty disputes
• Represented chemical company in a breach of a steam supply contract dispute
• Represented a Qatari chemical company in a delay damages dispute against a U.S. contractor for the late completion of a chemical complex
• Represented chemical companies and oil and gas exploration companies in easement disputes and related easement issues
• Represented a chemical company in a business interruption case based on a supplier's delivery of off-spec product
• Represented an individual in seeking to recover an ownership interest in an offshore pipeline system
• Represented an oil and gas producer in a take-or-pay dispute in the High Commercial Court of England and the United States District court for the Southern District of Texas
• Represented oil and gas exploration companies in disputes relating to the termination of leasehold interests
• Represented a gas producer in a transportation contract dispute relating to quality, pricing, and the ability of the transporter to terminate the contract
• Represented a working interest owner regarding its exercise of an option to acquire an interest in gas processing facilities and related pipelines
• Represented several oil and gas exploration companies in antitrust litigation against several service companies that formed a worldwide conspiracy to fix prices and monopolize the relevant market
• Represented a boiler manufacturer in class action litigation resulting from chemical plant explosion
• Represented a major Texas intrastate pipeline company in breach of fiduciary duty case against pipeline operator
• Represented a partner of a major Texas intrastate pipeline in a breach of pipeline operating agreement matter
• Represented a chemical company in several gas take-or-pay cases which also involved pricing and ratable take issues
• Represented a chemical company in a class action involving the purchase of natural gas
• Represented a chemical company in a gas transportation contract dispute
• Represented a refiner in a business disruption and beach of steam supply agreement
• Represented a refiner in a breach of CBO supply agreement
• Represented a refiner in a dispute regarding the maximum take obligation under a gasoline purchase agreement

• Co-author, "Premises Liability and Terrorism," Terrorism LAw Report, St. Mary's School of Law Center for Terrorism Law," April 2009
• Co-author, “Climate Change and the Law,” Energy Magazine,” Fall 2007
• Co-author, "Energy Bills Make 'Fundamental Shift,' " The American Oil & Gas Reporter, October 2007
• Co-author, “Court system may offer cost-effective alternative to arbitration,” Houston Business Journal  - Business Survival Guide, April 20, 2007
• Co-author, "'And They're Off!': How Federal Courts are Implementing the December 2006 Amendments to the Federal Rules of Civil Procedure: Allocating Burdens and Costs and Access to Opponents' Systems and Equipment in Electronic Information Discovery," Edited version published as "How the courts are applying new rules," National Law Journal, March 19, 2007
• Co-author, "The Illusory Safe Harbor of Rule 37(F)," American Lawyer and Corporate Counsel, December 2006
• Co-author, "Federal Rule of Civil Procedure 26(b)(2)(B) and The 2006 Amendments: How the Federal Courts Will Implement Two-Tier Discovery of Electronic Information," Andrews Litigation Reporter (various industry editions), November 2006
• Co-author, "The Fear of Alternative Fees,"  GC News (Texas General Counsel Forum), May 2006
• Co-author, "Electronic Information - A Trap for the Unwary in Business Litigation,"  Houston Business Journal - Business Survival Guide, April 2006
• Co-Author, "Controlling the Cost of E-Discovery Through Preparation and an Organized Response,"  American Lawyer, Supplement, December 2005
• Co-author, "The Rise of Mergers and Acquisitions in the Energy Sector: What to Expect and How to Be Prepared for Potential Litigation,"  Energy, Winter 2005
• "Exploration in Disputed Territories,"  Corporate Counsel, October 2004
• "How Does Arbitration Differ from Mediation and Civil Litigation?"  Houston Business Journal, May 7, 2004
• "The Basics of Confirming, Vacating, Modifying and Correcting an Arbitration Award Under the Federal Arbitration Act and the Texas Arbitration Act,"  The Advocate, Winter 2003
• Co-Author, West Group,  Texas Business Litigation: Forms and Commentary, 1997
• Co-Author, "Legal Aspects of Joint Ventures in the Energy Industry"  Texas Lawyer, 1995

• Named one of Texas' "Top Rated Lawyers ®" by ALM/LexisNexis Martindale Hubbell, 2012
• Named "Texas Super Lawyer," Texas Monthly, 2006-2008

• Tennessee Supreme Court Justice William Fones, Intern

• State Bar of Texas
• American Bar Association
• Houston Bar Association
• The Institute for Energy Law Advisory Board
• Fellow of the Texas Bar Foundation
• Board of Directors, Family Services of Greater Houston

• Speaker, "Early Case Assessment and Strategizing with your eDiscovery Team," eDiscovery for Oil and Gas, Houston, Texas, May 2012
• Speaker, " E-Discovery Evolved Part 3: Trends, Technology and Planning for the Future," The Litigation Summit and Expo, Washington, DC, November 2011
• Speaker, "The View from Outside Counsel: Law Firm Managing and Founding Partners Speak Out on How to Control Costs, Increase Value, and Improve Satisfaction for Clients," American Conference Institute's 6th Annual Forum on Reducing Legal Costs, Philadelphia, Pennsylvania, October 2011
• Panelist, "E-Discovery Basics," The Institute of Internal Auditors, Houston, Texas, February, 2011
• "2010 Cost Savings in E-Discovery," Houston, Texas, May 2010
• "Technology on Trial," ARMA Houston Conference, Houston, Texas, April 2010
• "The Necessity for a 'Litigation Readiness and Hold' Program to Protect Yourself and Your Clients,"  T3 (Trial Tactics & Technology), ALM Events, New York, November 2007
• "Electronic Discovery After the New Federal Rules: Strategies for Coping with the Latest Challenges and Intricacies," West Legal Works, Austin, TX, September 2007
• Panelist, "E-Discovery Amendments to the Federal Rules of Civil Procedure: Exploring the Day-to-Day Impact for Legal Teams," T3 (Trial Tactics & Technology), ALM Events, New York, December 2006
• "Electronic Discovery - The Changing Rules of Litigation" (CLE), Encore Legal Solutions, Houston, Texas, August  2006
• "Litigation Avoidance in the Energy/Pipeline Industry," Pipeline Opportunities Conference, Houston, Texas, February 2006