David L. Williams

(501) 975-3109
Of Counsel
(501) 975-3001 Fax
David.Williams@KutakRock.com

Mr. Williams has extensive experience defending class and individual actions in federal and state courts, at both the trial and appellate levels (including the U.S. Supreme Court). With over 35 years of experience handling class action, financial services, and business litigation, Mr. Williams’ practice focuses on diverse industries, including banking, manufacturing, and franchising. He regularly represents financial services clients (e.g., banks, financial institutions, and credit card issuers) and defends consumer actions filed under a variety of state and federal statutory and common law claims (e.g., Fair Credit Reporting Act, FACTA, Deceptive Trade Practices Act, fraud, breach of contract). His practice also includes intellectual property/trade secrets, covenants not to compete, Franchise Practices Act, competition/antitrust, insurance, and social media and other Internet-related issues.

As a member of the firm’s Commercial Litigation Department, Mr. Williams handles complex litigation matters for a wide range of clients, including major national banks and other creditors, mortgage companies, product manufacturers, small businesses, insurance companies, and technology companies. With extensive trial, appeal, and arbitration/mediation experience, he focuses his practice on complex lender liability, class actions, business torts, commercial liability, real estate, product liability, construction, and general negligence claims.

Mr. Williams has defended numerous class actions in state and federal court and successfully removed actions under the Class Action Fairness Act. He also acts as an advisor to clients on methods to minimize or avoid potential litigation and resolve liability before suit is filed.

Representative cases:

  • Counsel for manufacturer in antitrust claim by dealer tried and appealed to U.S. Supreme Court. Client held not liable for price discrimination under Robinson-Patman Act. Reeder-Simco GMC v. Volvo Trucks, N.A., 546 U.S. 164, 126 S.Ct. 860 (2006).
  • Served as counsel for one of nation’s largest banks in litigation challenging bank’s authority to transact business within Arkansas.
  • After retained as substitute lead counsel in state court class action against nation’s largest mortgage service, crafted successful removal to federal court and secured pre-trial dismissal of nationwide class action and of all individual claims other than individual breach of contract.
  • Obtained a $1.3 million plaintiff jury verdict/judgment for damages, fees, and costs in business dispute regarding breach of patent licensing contract for Asia and Middle East. Yazdianpour v. Safeblood Technologies, Inc., Case No. 4:10-CV-1206 (E.D. Ark.).
  • Lead counsel for General Motors in multi-state class actions alleging consumer fraud and deceptive trade practices. After successful motion for partial summary judgment dismissing Plaintiff’s core liability theory, cases settled. Spears v. General Motors Corp., No. 95-2133 (W.D. Tenn.).
  • As appellate counsel, secured Court of Appeals’ affirmance of summary judgment in client’s favor regarding alleged tortious interference with contractual relations of terminated corporate employees. Client also awarded attorneys’ fees on appeal. Withrow v. Brissette, 2012 Ark. App. 611 (2012).
  • Obtained pre-trial defense victory for automobile distributor in claim by dealer alleging violation of state antitrust statute; affirmed on appeal. Chalmers v. Toyota Motor Sales, USA, Inc., 326 Ark. 895, 953 S.W.2d 258 (1996).
  • Secured dismissal of class action complaint and summary judgment on individual claims fraud, conversion, and violation of FDCPA. Dickard v. Oklahoma Management Services for Physicians, LLC, 2007 WL 3025020 (W.D. Ark. 2007).

Articles and Presentations:

  • Trade Secrets and Covenants Not to Compete: A Guide for In-House Counsel, Kutak Rock In-House Counsel CLE, December 14, 2008. See the presentation at http://www.slideshare.net/DavidWms/trade-secrets-power-point-presentation.
  • 50 State Guide to Trade Secrets and Covenants Not to Compete, Author, Arkansas chapters.
  • Products Liability: 50 State Handbook, Arkansas.
  • Co-author, "Toward a Fairer System of Justice: The Impact of Technology on Prosecutorial Discretion," 12 Criminal Law Bulletin 289 (1976).