David T. McDowell - Edison, McDowell & Hetherington LLP

David McDowell has served the trial and litigation needs of clients in the financial services industry in diverse matters. Among other areas, he has extensive experience in commercial litigation, class action litigation, arbitrations, forced receiverships and securities arbitrations. David counts numerous financial services companies as clients and acts as regional and national counsel on a variety of issues.

David is a frequent lecturer at various conferences around the country. He has spoken recently on issues of stranger-originated life insurance, organized fraud affecting the financial services industry, litigation risks arising out of certain welfare benefit and defined benefit pension plans, and legal developments in the financial services industry.

Prior to forming Edison, McDowell & Hetherington LLP, David was a partner at Bracewell & Guiliani LLP. He was also deputy general counsel of litigation for a large financial services company.

Outside his legal practice, David serves on the board of directors of Providence Classical School and is an elder of the Faithbridge United Methodist Church.

United States District Court for the Northern, Southern, Eastern and Western Districts of Texas

Represents numerous life insurers in actions involving stranger- or investor-owned life insurance (STOLI, SOLI or IOLI).

Represents an annuity issuer in a stranger-initiated annuity transaction matter in Chicago.

Represents a corporate client in Lanham Act and trade secret theft actions involving technology used in the production of a certain chemical.

Represented a corporate client in a putative national class action dismissed on the pleadings involving the tax treatment of annuity payments generated by a pension plan.

Represented a corporate client in a putative national class action involving claims of misrepresentation by a financial services company to certain pension plans.

Represents numerous life insurers in matters involving section 412(i) defined benefit pension plans and section 419 welfare benefit plans.

Advised on the forced receivership of a $250-million welfare benefit plan in Dallas, Texas.

Represented a corporate client against allegations of patent infringement that threatened to delay the introduction of a new life insurance product.

Represented a corporate client in action involving a multimillion-dollar fraud perpetrated by a former vendor.

Serves as national counsel for a large financial services company on issues involving the procurement of life insurance through organized fraud.

Represented a former gas trader in multimillion-dollar arbitration against a multinational bank.

Participated in more than 20 domestic and international reinsurance arbitrations and disputes.

"Clean Sheeting, Money Laundering and Other Dirty Tricks: Life Insurance Fraud Update," presented at the Annual Meeting of the American Council of Life Insurers, October 2011, Orlando, Florida.

"STOLI in 2011 and Beyond," presented at the Western Claim Conference, September 2011, Indian Wells, CA

"Stranger Originated Life Insurance: Why We Care," presented to The Actuaries' Club of the Southwest, June 2011, Corpus Christi, Texas.

“STOLI: Hedging Insurable Interest,” conferences in New York City, Orlando, San Antonio and Indian Wells, California, 2007–2010.

“Hot Issues: Stranger-Owned Life Insurance (SOLI or STOLI),” annual meeting of the American Council of Life Insurers, Washington, DC, October 2007.

“Mob Rule: Organized Fraud in the Sale of Life Insurance,” paper and presentation, ABA-Tips Mid-Winter Meeting, Miami, Florida, January 2006.

“A New Litigation Target: Life Insurance Companies Funding Benefit and Pension Plans,” DRI Life, Health and Disability News, Fall 2006 (with T. Hetherington).

“Death Don’t Have No Mercy: Life Insurance Case Law Update,” paper and presentation, DRI Life, Health and Disability Conference, Washington, DC, April 2004 (with A. Publicover).

Note, “Death of an Idea: The Anencephalic as an Organ Donor,” 72 Texas Law Review 893, 1994.

Leslie Scism, 'Strangers' Score Win in Life Insurance Case, Wall Street Journal, October 11, 2011, http://online.wsj.com/article/SB10001424052970203499704576623290615234546.html (quoting David McDowell)

Leslie Scism, Insurers, Investors Fight Over Death Bets, Wall Street Journal, July 9, 2011 (quoting David McDowell)

Elizabeth Festa, Place Your Bets: Lawsuits Threaten Secondary Market, National Underwriter, January 24, 2011 (quoting David McDowell)

Leslie Scism, Insurers Sued Over Death Bets, Wall Street Journal, January 2,2011 (quoting David McDowell)

Bob Moos, Increasingly, Seniors Realize Nest Egg in Life Insurance Policies, Dallas Morning News, August 24, 2009 (quoting David McDowell)